States Move to Reject WHO Treaty, Federal Health Diktats

‘Nullification is not revolt, all it is is ignoring: We’re taking a position that we are going to ignore this edict,’ said Tennessee state Rep. Bud Hulsey.
States Move to Reject WHO Treaty, Federal Health Diktats
Protesters gather for a rally the L.A. City Council’s COVID-19 vaccine mandate for city employees and contractors in Los Angeles on Nov. 8, 2021. Mario Tama/Getty Images
Kevin Stocklin
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At a time when governments and global organizations are seeking additional powers to deal with pandemics or other catastrophes, a burgeoning effort is rising in opposition to defend local autonomy and personal liberties.

Next month, member nations of the World Health Organization (WHO) are gathering to grant the agency vast new powers during “health emergencies.”

Meanwhile, some state lawmakers are attempting to wrest back control of health issues to their states and their citizens. And although their success has been mixed, they say they’re in it for the long haul.

“We’re almost to a place in this country that the federal government has trampled on the sovereignty of states for so long that in peoples’ minds, they have no options,” Tennessee state Rep. Bud Hulsey told The Epoch Times.

“It’s like whatever the federal government says is the supreme law of the land, and it’s not,” he said. “The Constitution is the supreme law of the land.”

A series of Supreme Court decisions, perhaps most notably the 1984 ruling in Chevron v. Natural Resources Defense Council, have given ever-increasing power and autonomy to federal agencies to make laws, despite lawmaking authority being vested in Congress and state legislatures.
The current Supreme Court has taken some steps to rein in the administrative state, including the landmark decision in West Virginia v. EPA, ruling that federal agencies can’t assume powers that Congress didn’t explicitly give them.
And federal courts eventually ruled against Biden administration mandates that forced Americans to don masks and inject experimental mRNA vaccines.

States Fight ‘Medical Authoritarianism’

In March, the Louisiana senate unanimously passed legislation that precludes international organizations from having authority over state citizens.
Senate Bill No. 133, which takes effect on August 1, states: “No rule, regulation, fee, tax, policy, or mandate of any kind of the World Health Organization, United Nations, and the World Economic Forum shall be enforced or implemented by the state of Louisiana or any agency, department, board, commission, political subdivision, governmental entity of the state, parish, municipality, or any other political entity.”
In May 2023, Florida enacted a package of laws to protect state residents from the “biomedical security state.” The laws prohibit residents from being forced by a business, school, or government entity to undergo testing, wear a mask, or be vaccinated for COVID-19, and it bans global organizations like the WHO from dictating health policy in the state.
People walk along Ocean Drive during spring break in Miami Beach, Fla., on March 16, 2021. (Joe Raedle/Getty Images)
People walk along Ocean Drive during spring break in Miami Beach, Fla., on March 16, 2021. Joe Raedle/Getty Images
“We protected the rights of Floridians to make decisions for themselves and their children and rejected COVID theater, narratives, and hysteria in favor of truth and data,” Florida Gov. Ron DeSantis said after signing the law. “These expanded protections will help ensure that medical authoritarianism does not take root in Florida.”

Other states have tried to follow this path, but have been less successful.

Maine state Rep. Heidi Sampson attempted to get a “joint order” passed in support of personal autonomy and against compliance with the WHO agreements, but it garnered little interest in the Democrat supermajority legislature.

“You should have the right to direct what you put in your body, instead of having some entity, whether it’s the state, the federal government, or some international conglomerate telling you, you must take this,” she told The Epoch Times.

“They quickly dispatched my joint order, dismissed it. I talked to key people and they just shrugged their shoulders.”

Act of Nullification

Tennessee has taken a different tack, working to enact a “nullification law,” which would give residents the right to demand that state legislators vote on whether or not to enforce regulations or executive orders that violate citizens’ rights under the federal or state constitutions.
The bill, “Restoring State Sovereignty Through Nullification Act,” establishes several pathways, including a petition by 2,000 citizens, or 10 counties and municipalities that would compel state lawmakers to vote on a bill of nullification.

“Executive orders are only supposed to apply to the executive branch of government,” Mr. Hulsey said. “If they go beyond that and apply to the people, now it’s law, and of course, the president can’t make laws.

“But the country acts like it’s a law,” he said.

Many examples of this occurred during the COVID-19 pandemic, when numerous directives were handed down from both the Trump and Biden administrations.

During the Trump administration, an initial wave of lockdowns were launched, and landlords were banned from evicting residents who didn’t pay rent; this measure was renewed repeatedly by President Joe Biden.
A sign in a restaurant window informs customers that they will need to show proof of vaccination for COVID-19 to be allowed entry, in New York City on Aug. 20, 2021. (Spencer Platt/Getty Images)
A sign in a restaurant window informs customers that they will need to show proof of vaccination for COVID-19 to be allowed entry, in New York City on Aug. 20, 2021. Spencer Platt/Getty Images
President Biden also mandated that public and private employees could be fired for not taking the COVID-19 vaccine, mandated masks while traveling and entering federal buildings, forgave student loans repayments, and other measures.

While courts ultimately ruled that federal agencies don’t have this authority, the administration issued the orders anyway and they were generally enforced by public officials and employers. Nullification would give Tennessee citizens a way to push back if they believe their rights are being violated.

“Nullification is not revolt, all it is is ignoring,” Mr. Hulsey said. “We’re taking a position that we are going to ignore this edict.”

As with many of these efforts, however, the nullification bill is facing hurdles. This bill is currently stalled in Tennessee’s state senate, which tabled it for “summer study.”

Karen Bracken, founder of Tennessee Citizens for State Sovereignty and a former county commissioner, said it’s often a long term effort.

“We just passed legislation last year against the U.N. 2030 agenda and net zero,” Ms. Bracken told The Epoch Times.

“It took 10 years to get that bill passed, so you just have to keep plugging away.”

Ms. Bracken’s organization has been instrumental in drumming up public support for the nullification bill, but she said that passing laws only goes so far to protect civil liberties if citizens don’t stand up for themselves.

“We’re giving you the tools to stand up and fight for your rights,” Ms. Bracken said. “But I can’t make you stand up and fight.”

At the federal level, similar efforts are also running into roadblocks.

The U.S. Constitution requires two-thirds Senate approval to ratify treaties, however, the question of whether or not the U.S. Senate should have a say regarding the upcoming WHO treaty has become a partisan issue.

A bill introduced by Sen. Ron Johnson (R-Wis.) “to require any convention, agreement, or other international instrument … by the World Health Assembly to be subject to Senate ratification” has received 49 cosponsors, all of them Republican.
With a Democrat majority in the Senate, however, the prospects for this bill appear grim before the scheduled WHO agreement signing in May. The Biden administration is negotiating the WHO treaty and is in favor of it but hasn’t yet stated a definite commitment to sign.

Stirrings of Resistance in Europe

In Austria, a country that criminalized vaccine refusal in January 2022, there are efforts to resist centralization of authority.
A shopper wears a face mask at the cashier in a supermarket in Vienna, Austria, on April 1, 2020. (Thomas Kronsteiner/Getty Images)
A shopper wears a face mask at the cashier in a supermarket in Vienna, Austria, on April 1, 2020. Thomas Kronsteiner/Getty Images

Silvia Behrendt, a former legal consultant to the WHO and now the founder of Global Health Responsibility Agency (GHRA), called the Austrian vaccine law “a lockdown for the unvaccinated.”

“They were not allowed to buy shoes or clothes, only food and very essential things,” Ms. Behrendt told The Epoch Times. While the Austrian government didn’t strenuously enforce the law and has since revoked it, it succeeded in intimidating people to take the vaccine, she said.

Today, the GHRA is calling for new laws to protect personal autonomy in the wake of what she calls the “global health security agenda” pursued by governments during COVID-19.

Without protective laws, the group says governments, in partnership with the WHO, will assume authority and once again violate civil liberties by enacting lockdowns, forcing mass vaccinations, and taking other controlling measures.

“I thought from the very beginning that after this disaster, we need a treaty, but the content needs to be set by ourselves so something like this would never happen again,” Ms. Behrendt said.

“You need to think about the safeguards, and the first safeguard would be to have prior informed consent [for drugs and treatments] and to have the guarantee that you can refuse medical treatment,” she said. “This would be the first principle we have to legislate in a pandemic treaty.”

The GHRA is still small and staffed with volunteers, Ms. Behrendt said, and she has no illusions that success will be quick or easy.

“It has to be a long term goal, I’m very clear about that,” she said. “There are so many issues, but we figured out what would be the most important safeguard, and this would be with the people and with personal autonomy.”

Kevin Stocklin
Kevin Stocklin
Reporter
Kevin Stocklin is an Epoch Times business reporter who covers the ESG industry, global governance, and the intersection of politics and business.
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