HUGE Vaccine “Informed Consent” Case Rejected by SCOTUS

The Control Group Litigation

Update October 28, 2022
Case closed?
Rehearing requested with review of Justices’ potential conflicts of interest with vaccine developers

Outcome. Rather than atone for Jacobson v. Massachusetts, on October 3, 2022 the US Supreme Court denied The Control Group’s petition for writ of certiorari. So this health freedom case is now closed, because four Supreme Court Justices were unwilling to come together to hear our case to provide a civil remedy for the American people against Big Pharma and government vaccine mandates.

We are disappointed the Federal courts completely ignored our unvaccinated control group’s statistically verified evidence (presented with above 99% confidence) that unvaccinated Americans are over 1,200% healthier than vaccinated Americans. As CDC schedule vaccines cause over 90% of chronic illness today in vaccinated people, and as courts turn their backs on the unvaccinated, where can the American people turn for the enforcement of basic rights? How much longer will human sacrifice be “legal” so long as the weapon is a vaccine…

Our mathematical proofs are verified: vaccinations are destroying our country. History will vindicate us. The government has only harmed itself by denying rather than atoning.

Practical Solutions and Next Steps. Until there is a great awakening and systemic clearance of Big Pharma’s domination in Washington DC, the American people cannot realistically expect comprehensive relief for health freedom against vaccine mandates. Rather, targeted/narrow lawsuits (i.e., RFRA statutory cases re denials of religious exemptions) will continue to be the ones that gain ground with favorable federal court orders in the current climate. In other words, here are the primary remedies for the unvaccinated today:

  • Legal. Religious Freedom and Restoration Act (RFRA) statutes at the federal and state level, and similar such as Title VII
  • Geographical. Relocate to conservative states that respect health freedom
  • Political. Vote conservative (example: recent poll shows the majority of people are opposed to a mandated CDC schedule). The Democrat party is largely responsible for vaccine mandates across the country (proof); vote them out.
  • Self-help. Homeschooling, Christian schools, enrichment programs, businesses and organizations that respect health freedom.



Case Documents

Click the image to view our many graphs proving the unvaccinated control group is exponentially healthier than the vaccinated.
Click the image to view our many graphs proving the very high correlation between rising national disease rates and the growing CDC Vaccination Schedule.
Click the image to view our informational graphic (a demonstrative evidence exhibit) featuring some highlights from our Request for Judicial Notice #2 (“Vaccines are Dangerous”).
Click the image for our informational graphic (a demonstrative evidence exhibit) featuring some highlights from our Request for Judicial Notice #1 (“Health Crisis in America”).
Click the image for our informational graphic (a demonstrative evidence exhibit) featuring some highlights from our Request for Judicial Notice #3 (“Vaccines Are Made In Communist China”).
Click the image for our many graphs showing that
the national decline in mortality occurred before vaccination.
Click the image to read our Request for Judicial Notice #1 covering the national health pandemic and its connection to the immune system.
Statistics Report Showing Vaccine Injury Correlation and Causation

Petitioner Joy Garner’s Survey Reports (Filings January 2021)

  1. Survey Summary Report
  2. Survey Full Report (Updated February 2021)
  3. National Security Report

All Court Documents Filed

A. District Court — First Amended Verified Petition (filed January 25, 2021)

B. District Court — Request for Judicial Notice (Filings December 2020)

  1. Motion for Judicial Notice, with Memorandum of Points and Authorities
  2. Appendix One (detailing the national health pandemic of chronic illness)
  3. Appendix Two (detailing that vaccines are dangerous)
  4. Appendix Three (detailing the foreign supply of vaccines)
  5. Appendix Index
  6. Exhibits: Volume 1234567891011
  7. Proposed Order

C. District Court — Motion for Preliminary Injunction (Filings December 2020)

  1. Notice of Motion
  2. Amended Notice of Motion
  3. Memorandum of Points and Authorities
  4. Expert Declarations: Dr. PebsworthDr. KimmelDr. HulstedtDr. WestDr. Hoang
  5. Petitioner Joy Garner Declaration
  6. Proposed Orders: Option OneTwoThree

D. District Court — Government’s Opposition Papers (Filings February 2021)

  1. Motion to Dismiss
  2. Objection to Evidence
  3. Opposition to Preliminary Injunction

E. District Court — Petitioner’s Response Papers (Filings February 2021)

  1. Opposition to Motion to Dismiss
  2. Statistics Report Showing Vaccine Injury Correlation and Causation, and Supporting Declaration
  3. Mathematics Report (Special Briefing) Showing Zero Risk of Being Unvaccinated
  4. Updated Garner Declaration
  5. Reply Brief re Preliminary Injunction
  6. Response to Objections to Evidence

F. District Court — Dismissal (February 2021)

  1. Court Order

G. 9th Circuit Appeals Court — Writ (April 2021 to May 2021)

  1. Appellate Brief
  2. Court Order

H. United States Supreme Court — Writ (August 2021 to November 2021)

  1. Appellate Brief
  2. Solicitor General Response
  3. Supporting Amicus Brief
  4. Court Order

I. 9th Circuit Appeals Court — Regular Appeal (July 2021 to February 2022)

  1. Appellate Brief
  2. Opposition Brief
  3. Reply Brief
  4. Motion for Recognition of Unvaccinated Lawyer
  5. Court calendaring order
  6. Plaintiffs’ supplemental authorities letter
  7. Defendant’s supplemental authorities letter
  8. Motion to Disqualify Judge
  9. Court order of judicial recusal
  10. Court order requesting additional briefing
  11. Court order declining oral argument
  12. DOJ Supplemental Briefing and Supplemental Excerpts of Record
  13. Plaintiffs’ Supplemental Briefing
  14. Court Order affirming dismissal

J. District Court — Motion to Vacate Dismissal and Disqualify Judge (January 2022 to February 2022)

  1. Motion
  2. Declaration of CounselDeclaration of Petitioner
  3. Proposed Order
  4. DOJ’s Opposition
  5. Court Order recusing judge and vacating dismissal

K. U.S. Supreme Court — Petition for Writ of Certiorari (May 2022 to Present)

  1. Petition for Writ of Certiorari
  2. Supporting Amicus Brief from Children’s Health Defense
  3. Supporting Amicus Brief from Foundation for Moral Law
  4. DOJ’s Waiver of Response
  5. Supporting Amicus Brief of Institute for Health Research
  6. Court’s Denial of Petition
  7. Petition for Rehearing
  8. Motion for Review and Disqualification and Garner Declaration in Support


Litigation History

Health Freedom Litigators
Greg Glaser & Ray Flores
Meet the Lead Plaintiffs
3 Generations of GarnersRead Joy Garner’s survey reports here:
Summary ReportFull ReportNational Security Report.

Overview: The lower court refused to allow the case to proceed to an evidentiary stage definitively proving vaccines are decimating the American population. The DOJ’s strongest argument they could muster is that the scientific evidence proving the American population is being decimated by vaccines would embarrass the political elite in Washington DC. Here is the DOJ’s exact quote, “any suggestion from a court that vaccines are not safe would cause ’embarrassment from multifarious pronouncements by various departments on one question.’” Opposition Brief, page 16, line 11.

Detail: In February 2021 the lower court dismissed our case on the grounds of standing (i.e., saying we can’t sue the President for the constitutional violations alleged, but rather should sue someone else). One year later, the judge reversed the dismissal order (after plaintiffs pointed out the judge owned approximately $500,000 in vaccine manufacturer stock). But the 9th Circuit appellate court and US Supreme Court declined to allow the case to move forward, claiming the President cannot be held responsible for vaccine mandates.

The President, as chief executive, manages multiple departments handling vaccines and their distribution (such as HHS, US Military, Department of Education, Department of Commerce, Department of Justice).  The courts dismissed the entire case without the government ever producing a single expert or any evidence whatsoever. The defense simply argued that the President cannot be held responsible for vaccine mandates by States.  Plaintiffs strongly disagreed, because the President is vigorously involved in mandates. The evidence shows the President manages the following across multiple departments:

  • designing and producing vaccines that are mandated
  • approving vaccines that are mandated
  • purchasing vaccines that are mandated
  • promoting vaccines that are mandated, and promoting the policy of mandates
  • distributing vaccines that are mandated
  • tracking vaccine injuries from mandated vaccines
  • litigating vaccine injury cases from mandated vaccines
  • setting regulations for interstate infectious disease control regarding mandated vaccines
  • funding health departments to enforce mandates using police powers
  • enforcing vaccine mandates on Federal properties and for Federally funded activities


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