Congress should "modify, clarify, and rescind" the emergency-use authorization authority the federal government used to approve novel COVID vaccines, according to a letter sent to congressional leaders from Alabama Attorney General Steve Marshall and 15 other attorneys general on Thursday.

The attorneys general wrote in the letter that "any valid grounds for claiming a state of medical emergency due to COVID have ended; normalcy and the rule of law must be restored."

"HHS and FDA continue to misuse the authority granted to the agencies for times of emergency," Marshall and the attorneys general wrote in the letter. "In particular, they continue to rely on emergency powers to justify numerous uses of novel vaccines that are not only failing to halt the transmission of COVID, but are also exposing young people (who are least likely to be harmed by COVID) to unnecessary risks. And while some vaccines have received full approval for some uses, shockingly, as recently as last month, FDA is still invoking its emergency use authorization authority to push vaccines out to infants." 

The letter details concerns over the FDA's continued reliance on emergency powers to authorize new COVID vaccine uses, especially for children. 

"Currently, for an emergency authorization, the law requires the Secretary to conclude that the medical product in question may be effective in "diagnosing, treating, or preventing" a disease or condition," Marshall and the attorneys general write in the letter. "While this may have been an acceptable position for the first approval in 2020, we now know much more about both the disease and the vaccines. In 2020, the vaccines were supposed to stop the spread by limiting who would get COVID. In early 2021, reports were that the vaccines were in fact successful at preventing transmission. However, we now know that people, such as Dr. Anthony Fauci, who are vaccinated, boosted, and boosted again, still can get COVID. Repeatedly. Nor do the vaccines assist in diagnosing or treating COVID. While those who are vaccinated may in some cases have less severe symptoms, that does not constitute treatment. The vaccines are not offered to people once they have COVID; they're offered to people prior to getting COVID. This is because COVID treatment and management for the overwhelming number of Americans is rest. According to the CDC, "[m]ost people with COVID-19 have mild illness and can recover at home. You can treat symptoms with over-the-counter medicines, such as acetaminophen (Tylenol) or ibuprofen (Motrin, Advil), to help you feel better." Based on this knowledge, the vaccines, if considered today, likely would not pass the threshold question of whether the HHS Secretary could authorize them for emergency use."

Attorney General Marshall was joined in sending the letter by the attorneys general of the states of Alaska, Arkansas, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, South Carolina, Tennessee, Texas and Utah. 

The full letter sent by the attorneys general can be viewed online here

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