In consideration of these interests, DTR seeks to
inform the Court that the Pfizer COVID-19 vaccine
mandated by the OSHA ETS and described as being
the one approved by the FDA, i.e., Comirnaty, is not
currently available to anyone in the United States.
The United States finally and reluctantly conceded
this in a lawsuit DTR brought in Florida. There is no
supply of Comirnaty. The only vaccines in production
and available are the vaccines approved under the
FDA’s Emergency Use Authorization (“EUA”). DTR
files this brief to explain why the OSHA COVID-19
vaccine mandate before the Court is an illegal federal
mandate to compel Americans to take an experimental vaccine