This brief was researched and developed to provide medical and legal analysis and recommendations with regard to the pending Nagle v. Nagle case in the Rhode Island Supreme Court.
Why RI’s Supreme Court Should Set National Precedent that Healthy Young Children with Naturally Acquired SARS-CoV-2 Immunity Don’t Need the Covid-19 Vaccine
by Andrew Bostom, MD, MS and Gregory Piccirilli, Esq.
On February 9, 2023, the Rhode Island Supreme Court (RISC) granted divorced father Joshua Nagle’s emergency motion for a stay on covid-19 vaccination of his young daughters, as petitioned via a lawsuit filed by his former wife. The RISC case was filed as an appeal to a previous ruling from Rhode Island’s Family Court, which sided with the mother.
When the RISC convenes to hear formal arguments in this case (Nagle v. Nagle), April 13, 2023, it will mark perhaps the first time in the nation that the matter of parental disagreement over childhood covid-19 vaccination is decided by a state’s highest court.
We believe the case of the father, Joshua Nagle, who seeks to avoid triple covid-19 vaccination of his healthy, previously SARS-CoV-2 infected five- and eight-year-old daughters, is firmly rooted in both evidence-based medicine and sound law.
The Evidence-Based Medicine Case Against Covid-19 Vaccination of These Previously SARS-CoV-2-Infected Healthy Five- and Nine-Year-Old Girls
Joshua Nagle’s daughters have been SARS-CoV-2 infected twice in the past ~year during January, and July, of 2022. Each time the girls were infected, they experienced either minimal symptoms, of brief duration, or were entirely asymptomatic. We now know those mild, self-limited SARS-CoV-2 infections confer a natural immunity to the virus that is more robust and enduring vis-à-vis any which might result from covid-19 mRNA vaccination. Key evidence in support of that contention, includes:
–North Carolina data from ~890K children aged 5 to 11 years-old during a period of SARS-CoV-2 omicron variant predominance (published in the New England Journal of Medicine) which revealed (see figure, below) the clear superiority of natural immunity in preventing covid-19 hospitalizations. Specifically, at 10-months, prior infection/naturally acquired SARS-CoV-2 immunity conferred 86.9% protection against hospitalization which exceeded the 5-month protection (76.1%) afforded by vaccination, with the gap widening each successive month (i.e., months 1-5) where direct comparisons were available.
–A subsequent Lancet meta-analysis (figure follows) of adult populations confirmed and extended these findings demonstrating that prior infection afforded stronger, longer lasting immunity against “severe disease,” i.e., covid hospitalization and death.
–Subgroup data from Pfizer’s randomized, controlled trial (RCT) of covid-19 mRNA vaccination in 5 to 11 year-olds showed that among those children with prior SARS-CoV-2 infection, none even developed mild covid-19 infections in the either the active vaccine, or placebo vaccine groups.
Regardless of immune status, the SARS-CoV-2 infection fatality rate (covid-19 deaths/total infected) in children has been mercifully trifling, on the order of ~1/335,000 (0.0003%), globally, for those < 19 years-old.
More recent U.K. data evaluating the omicron variant period described a rate of 1/1,000,000 among 5 to 11 year-olds, while in children of all age groups, deaths were largely confined to those “with severe comorbidities, especially neurodisabilities.”
Rhode Island data provide local validation of these trends: there have been zero primary pediatric covid-19 deaths during 3 years of the pandemic
(here; here; The latter source also indicates there were 251 non-covid-19 pediatric deaths in Rhode Island from 1/1/2020-3/1/23). In contrast, three Rhode Island children died during a single pandemic H1N1 influenza season in 2009 to 2010.
Hospitalization rates, certainly for primary covid-19 hospitalizations (here; here), and in particular those with severe illness, have always been extremely low in children, since the advent of the pandemic. Moreover, concordant French and Canadian data reported pediatric influenza hospitalization rates for pandemic and/or select seasonal influenza years, were > 4-times those for covid-19. Again, data from Rhode Island are entirely consistent with these findings:
–During the 16-week period from February 13, 2022 through June 4, 2022 there were a total of only 15 primary covid-19 pediatric hospitalizations (for ages 0 to 17 years-old)—<1 per week—as determined by Rhode Island Department of Health (RIDOH) criteria;
–At the peak of this past “cold-flu season” in Rhode Island, i.e., October through December, 2022, there were 14 pediatric covid-19 hospitalizations, versus 67 pediatric influenza hospitalizations, and (at least) 304 hospitalizations for pediatric respiratory syncytial virus (RSV), per RIDOH (and Hasbro Children’s Hospital)
–For the past year (2/1/22 to 1/31/23), only six 5 to 9 year-old Rhode Island children have been hospitalized for primary Covid-19, irrespective of Covid-19 vaccination status (i.e., 2/ the 30-40% fully vaccinated; 4/ the 60-70% not fully vaccinated).
Rigorously and independently validating all these data, no child in either the placebo or actively vaccinated groups of Pfizer’s RCT of 5 to 11 year-olds was hospitalized.
These trial findings affirmed the very mild nature of covid-19 in children, and highlighted the complete absence of any RCT data—the highest standard of evidence (acknowledged in pediatric medicine as well)—demonstrating covid-19 vaccination of children “prevents” such rare covid-19 hospitalizations! Furthermore, there are literally no extant randomized, controlled trial data whatsoever evaluating “bivalent” covid-19 booster vaccination in children!!
Two peer reviewed assessments of covid-19 vaccination risk/benefit examining RCT data in low (i.e., confined to 18 to 29 year-olds) to moderate risk (i.e., all Pfizer and Moderna trial participants) have each demonstrated the risk of vaccine-associated serious adverse events (SAEs) outweighed any potential vaccine-associated reduction in covid-19 hospitalizations.
Given the extraordinarily low risk for covid-19 hospitalization in the pediatric population, relative to these adult populations, pediatric covid-19 vaccination risk/benefit stands, axiomatically, to be more adverse. Earlier we mentioned the paucity of covid-19 hospitalizations for Rhode Island children aged 5- to 9-years-old in the past year, only 6, divided in equal proportions, between those fully vaccinated and not fully vaccinated.
The Center For Disease Control and Prevention (CDC)’s passive vaccine injury surveillance mechanism, VAERS (Vaccine Adverse Event Reporting System), notoriously under-reports putative vaccine-associated adverse events (by ~30-fold in this peer reviewed study).
Two covid-19 vaccine-associated SAEs were recorded in VAERS among 5- to 9-year old Rhode Island girls during 2022, both requiring emergent care: a 5- year-old who presented with hives, and then a facial nerve palsy within 5-days of vaccination, and a 9-year-old who developed both chest pain/tightness, and hives, almost immediately after vaccination.
While the 9-year-old’s rapid-onset chest symptoms are clearly not consistent with covid-vaccine-associated myopericarditis (14 cases of which occurred during 2021 among healthy Rhode Island men under 35 years-old, and were published in a peer reviewed journal), we note the Taiwanese government just compensated the family of an unidentified 5- to 11-year-old girl who died from fulminant, autopsy-proven lymphocytic myocarditis 3-days after receiving the second dose of the Pfizer-BioNTech covid-19 mRNA vaccine.
Perhaps some of these unfavorable risk/benefit data have captured the attention of the vast preponderance of Rhode Island parents, only 36% of whom have chosen to vaccinate their 5-9-year-old children with the primary (2-shot) covid-19 vaccine series, while a mere 10% have “boosted” them with a third injection. Joshua Nagle shares the rational, evidence-based concerns of this super-majority 90% of Rhode Island parents who have decided they do not want their healthy 5- to 9-year-olds to receive three covid-19 vaccine injections.
Finally, the views of Mr. Nagle, and the lion’s share of Rhode Island parents, are externally validated by whole Western European nations, and America’s third largest state, Florida:
—France has just announced it is not recommending further covid vaccination for those under 65-years-old without comorbidity.
—Denmark does not recommend vaccination for any healthy persons under 50-years-old.
—Norway and Sweden do not recommend vaccinating healthy children under 18-years-old.
—The U.K. won’t even offer the vaccine to those < 12-years-old.
—Florida (already in March, 2022) recommended against vaccinating healthy children 5-to 17-years-old.
The Specific Legal Case Against Covid-19 Vaccination of These Previously SARS-CoV-2-Infected Healthy Five- and Nine-Year-Old Girls
We believe examination of the plaintiff’s pediatrician expert witness, Dr. Colleen Ann Powers, elucidated her non-evidence-based justification for vaccinating healthy, previously SARS-CoV-2 infected children, in our case, the Nagle children. We also maintain the Family Court trial judge’s decision in favor of the plaintiff was subject to contradictory legal reasoning.
Dr. Powers, the plaintiff’s pediatrician, recommended that the Nagle children, notwithstanding their naturally acquired immunity, receive the 2-shot original covid-19 vaccine series, and within 3-4-months afterward, also get a bivalent booster (third injection). She conceded that the sole purpose of the vaccine was to benefit the recipient by protecting against severe covid-19 illness, and death.
The only basis for her opinion that the Nagle children should receive the vaccine (X 3) was her incurious, uncritical acceptance of the generic recommendations of the CDC, and the American Academy of Pediatrics (AAP). She conducted no independent research; in fact, she was confused about when the Pfizer RCT in 5- to 11-year-old children was conducted, and what it had shown (i.e., no protection against covid-19 hospitalization could be demonstrated because there were no hospitalizations in the entire RCT, regardless of vaccination status, and not even the occurrence of mild infections amongst those children with prior natural immunity, also independent of vaccination status).
Dr. Powers was also unaware that the vaccine was only Emergency Use Authorized (EUA) but conceded that if POTUS Biden declared the emergency over, it might change her recommendation. (Note: On January 30, 2023, President Biden advised Congress that he will end the national emergency for COVID-19 on May 11, 2023. At present, it is unclear how that action will affect covid-19 vaccine availability, subsequently.)
Dr. Powers was further unaware that less than 40% of children in the US have had the vaccine (just 36% in Rhode Island have been vaccinated with 2-shots), even though those data are published in the AAP material she receives. She also did not know how many children in Rhode Island have died because of Covid, and was surprised to learn that number was zero.
As for whether the vaccine is required to attend school, Dr. Powers admitted it is not. She also agreed that in August, 2022, the Rhode Island Department of Education ended any distinction between covid-19 vaccinated or unvaccinated children in school.
Dr. Powers initially asserted that there was scientific consensus recommending the vaccine to children; but was unaware that at least one large state (Florida), and entire Western European countries (France, the U.K., Denmark, Sweden, Norway), did not.
She was unaware that the infection fatality rate for COVID in 0- to 19-year-olds is 0.0003%, or that of those 3 deaths per million, virtually all occurred in children with major, chronic co-morbidities. When confronted with such irrefragable information, Dr. Powers admitted she was “surprised.”
Similarly, Dr. Powers downplayed evidence of potential harm as reported in the Vaccine Adverse Event Reporting System (VAERS). In September of 2021, the RIDOH produced a report (published in The Rhode Island Medical Society Journal) which noted that within the first eight months of VAERS surveillance of Rhode Islanders after the covid-19 vaccine rollout, between January and September of 2021, there were nearly 1,500 reports of vaccine-associated adverse reactions, including 89 hospitalizations, and 16 deaths.
When presented with this information, Dr. Powers tried to minimize it, although she did concede that “they (presumably, RIDOH) should investigate that.” (Unfortunately, despite repeated inquiries, we have not been able to uncover any evidence that RIDOH has followed up on that 2021 report.)
We argue, moreover, the Family Court trial judge, Associate Justice Sandra Lanni erred in two fundamental ways. First, she made a best interests of the child determination after finding that the father acted reasonably in accordance with the final divorce decree.
Second, even if the Family Court were permitted to ignore the language of the final decree, the Court (i.e., via Judge Lanni) failed to articulate how the 8 factors in the best interest of the child standard warranted a change in custody for the mother to make the sole decision regarding COVID-19 vaccination.
In addressing the final divorce decree and the issue of reasonableness, the Family Court found that “there is not uniformity of agreement in the medical community regarding whether children, in general, should receive the COVID vaccine and whether the benefits of the vaccine to children, in general, outweigh the risks or vice versa.” Further, she found that the parents generally agreed to all medical recommendations of the pediatrician, including other vaccines; the sole issue of dispute involved COVID-19. This led inextricably to the Family Court determining that the father had acted reasonably in rejecting the vaccine:
“In light of the evidence before the Court, the Court cannot conclude that the Defendant’s refusal to follow the recommendations of Dr. Powers, in this one instance, is objectively unreasonable.”
But then the Family Court overruled the father’s objection to the vaccine:
“To the extent that the Defendant argues that the language in the marital settlement agreement and in the final judgment means that if one parent has a reasonable objection to a recommendation of the children’s pediatrician, then that parent will automatically prevail, the Court rejects that argument. That language is not stated. It could have been stated, but it was not. Furthermore, the Court always has the jurisdiction to resolve issues relating to the minor children in a divorce if those children — if those issues relate to the children’s healthcare.”
The parties (i.e., the Nagle parents) used the language “neither party shall unreasonably withhold consent” in other sections in the final divorce decree, including, notably,medical and dental treatment. The Court should have ended its consideration of the case once it found the father acted reasonably. To do otherwise in essence rewrites the final divorce decree and overrules what the parties had agreed to.
When a party seeks to modify a custody order, there must be a showing of changed circumstances. Only then does the Court invoke the best interests of the child standard. Olson v. Olson, 701 A.2d 1030, 1031 (R.I. 1997). Since the Court here made no such determination of changed circumstance, Judge Lanni’s decision must be reversed.
Prior to conducting hearings on the matter, the Family Court asked the parties for any case law in other jurisdictions in which the issue here was presented. The parties were only able to find few mostly unpublished trial court cases. One, J.F. v. D.F., 160 N.Y.S.3d 551 (N.Y. Sup. Ct. 2021), is particularly inapt, in that the child there was old enough to express her desire to be vaccinated.
Dismissing the father’s concern as “wait and see what further research demonstrates on both the efficacy of the vaccine and the impact of both short and long-term side effects;” the Court there used hyperbole that the father’s position was, “untenable, when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl.” This statement ignores the fact that young people are at practically zero risk of serious illness or death from Covid. The covid-19 vaccines are also non-sterilizing, and do not prevent transmission.
Another case is unpublished: Richmond v. Natanson (No. FD-14-49-15, Superior Court of New Jersey, June 24, 2022). In that case, the Court heard from both parents, as well as expert witnesses for both. The trial judge made extensive findings of fact based upon the relevant 11 factors for the best interests of the child under New Jersey law. First, the Court found that many of the factors did not skew either way; both parents were fit and cooperative and in agreement with all medical decisions except the COVID-19 vaccine. In finding that the child should be vaccinated, the Court relied heavily on the following facts: that the “continuity and quality of the minor child’s education would be disrupted by virtual learning, which would be more likely to occur if the minor child is unvaccinated.” Also, the Court found the minor child’s daily life would be adversely affected if she remained unvaccinated. Most importantly, the Court found that the child had not been previously infected and had no natural immunity. In making that determination, the Court also relied on the testimony of the mother’s expert witness, a professor of pediatrics and infectious diseases, over that of the father’s expert who was in general pediatric practice.
At the close of this case, in Family Court, we noted to the Court that these factors, which led the New Jersey Judge to rule in favor of the vaccine, now skew heavily to the father’s position. First, the Family Court agreed that the father was a fit parent and cooperative and the COVID-19 vaccine issue is the only medical issue on which the parents disagreed. Second, the children here have both had covid and therefore have natural immunity. Moreover, there was no evidence that the children’s unvaccinated status had any effect on their daily living. And finally, the father’s expert demonstrated himself to be far more qualified to opine on the necessity of the vaccine than the children’s rather uninformed pediatrician.
Ultimately, Judge Lanni found none of the cases cited helpful, and ignored them. Yet, she then made no effort to even identify which of the best interests of the child factors favored overruling the father’s reasonable objection to the treatment. While the Rhode Island Supreme Court gives deference to best interests’ determinations made by a trial judge, a parent moving to change custody must, “show by a fair preponderance of the evidence that circumstances had changed such that the placement should be modified in the interest of the children’s welfare and that the change of placement was in the best interests of the children.” Souza v. Souza, 221 A. 3d 371, 377 (R.I. 2019). Where the Family Court fails to make a finding of substantial change in circumstances before considering the best interests of the children, the Supreme Court should reverse.
We maintain the automatic stay granted by the Rhode Island Supreme Court should remain in effect during the appeal where there is no finding that the children will suffer irreparable harm by remaining unvaccinated against COVID-19.
In March of 2022, a Court in Ontario, Canada ruled that a father who had final decision-making authority over medical decisions should not lose that right because he disagreed with the COVID vaccine for his daughter. The Judge noted:
“We are currently in a dynamic and rapidly changing situation in public health advisories concerning the COVID-19 situation, particularly concerning children.” A.M. v. C.D., 2022 ONSC 1516, p. 12 (March 9, 2022).
A year later this statement is truer. The covid-19 pandemic is over. The irrefragable evidence is that these children are at no risk of harm from severe covid-19 illness, that those with natural immunity are at least as protected as those who have had the vaccine, and that there are serious questions as to the harms that the covid-19 vaccine may cause. To the extent the Rhode Island Supreme Court wishes to continue this case to the full briefing calendar, the balancing of risks favors continuing the stay of any administration of the vaccine.
CONCLUSION:
Given the corpus of medico-legal evidence we have amassed, we recommend that the Rhode Island Supreme Court, to rule on behalf of the father, to reverse the decision of the Family Court and dismiss the mother’s motion, or at least place this matter down for full briefing, while maintaining the stay of the lower court decision.
About the authors:
Dr. Andrew Bostom is an academic internist, clinical trialist, & epidemiologist at Brown University Medical School for 24-years (now retired). As an adjunct scholar to the RI Center for Freedom & Prosperity Bostom has been at the forefront of the international effort to raise awareness about the truth of the medical data regarding Covid-19 mandates.
Gregory Piccirilli is a private practice attorney, affiliated with the Flanders Legal Center for Freedom, and has served as primary and local attorney for multiple Covid-19 related civil rights cases.
Rhode Island COVID-19 Crisis: 30 Public Policy Solutions to Restore Financial and Health Security
/in Blog, Featured, Policy, Recent Posts, Right To Earn/by RI Center for FreedomIn these trying times, with over one-hundred thousand Rhode Islanders recently laid-off, and unemployment rates that could soon reach 30%, common-sense public state-based policy can help mitigate the destructive economic impact of the Rhode Island Covid-19 crisis … and can help restore a sense of normalcy and financial security.
See the list below for the Center’s policy suggestions.
In response to this health crisis that is impacting our lives in so many ways, our state government’s actions to shut down commerce across many industries is inevitably having a crushing impact on small businesses, jobs, and family budgets… creating anxiety and fears among our populace.
On top of the major disruptions to our daily lives, our individual and societal peace of mind has deteriorated, with many Rhode Islanders concerned not just about their health, but also worried about their financial well-being.
However, leading national voices from across the political spectrum – The New York Times, the Wall Street Journal, the Governor of New York, and the President of the United States – have raised awareness about the need to restore economic activity as part of our nation’s recovery from the coronavirus crisis.
As the federal government considers various assistance programs, it is vital that Rhode Island’s political leaders also play a positive role in restoring prosperity. It is a historical fact that economic depressions kill people, too… we must not let our Ocean State’s circumstances come to that.
Governor Raimondo has asked the business community for more time and patience as our state’s health care system is strengthened, before the “temporary,” yet major, restrictions on the private sector are lifted.
The public policy solutions recommended in this paper include a number of smaller, “temporary” solutions that can be implemented – beginning now, while the larger state mandates remain in place – and that should remain in place until our state’s economy is fully recovered.
While the governor asks for the public’s trust, state leaders, likewise, must place trust in the power of the American people – business innovation and individual consumerism, guided by the free-market system – to be the driving force in lifting Rhode Island out of this severe economic crisis.
Specifically, the General Assembly must find a way to convene and govern – and to consider emergency rescue legislation that balances the need to address the state’s budget with the need to bolster the budgets of families and businesses.
Rhode Island COVID-19 Recovery by #GovernmentDistancing. To aid in Rhode Island’s economic survival and eventual recovery – and to restore confidence about our future among the populace – the Center suggests that there are many ways our state government can take important and symbolic actions in alleviating some of these concerns about our individual and overall financial security.
The common-sense ‘crisis recovery’ policy ideas recommended in this paper are designed to free-up individuals and employers in the private sector to be able to speed back to the peak employment and income-levels that we saw before the COVID-19 crisis. These solutions are especially beneficial to a state economy that is suffering catastrophic job losses as we have seen in Rhode Island.
Many states across America are aggressively taking or considering similar steps, and Rhode Island must not lag behind. By temporarily suspending certain taxes and regulations that hold back economic growth, by practicing what we call “government distancing,” political leaders can separate unnecessary government burdens from those suffering the most distress … and help clear the way for rapid economic recovery.
In late March, our Center published 10 initial pro-active policy recommendations. The Center continues to add to its list of policies, and we’re now up to 30. The newest suggestions are in bold, and policies that have been implemented are italicized. Explanations of the policies follow the list.
Business operations
Consumer assistance
Regulatory reform & occupational licensing
Labor
Civic
Budget
Infrastructure (Legacy and Future-Ready)
Education
Healthcare
Explanations
Already in Rhode Island, one of the Center’s early common-sense recommendations has been enacted:
For small businesses and their employees, it will be important to get as many people back to work at their normal shifts as soon as possible. However, the ramp-up to normal business conditions, and the associated revenues, may not be as fast the shut-down was. Therefore, as a short-term measure, the Center suggests:
Rhode Island consumers have been cooped up inside, often without their regular income. The state should help our families be as active as possible while giving businesses the benefit of their commerce:
Regulatory Reform & Occupational Licensing. For entrepreneurs or individuals looking to start a new career, or to engage in the “gig” economy, and to encourage them to re-enter the workforce as quickly as possible, it is vital that our Ocean State be a welcoming state in support of their desire to engage in meaningful work:
Labor Reforms. To decrease pressure on municipal and state budgets and to lessen the urge to increase taxes on Covid-19 devastated families and businesses:
The experience of the pandemic, and officials’ response to it, have put a spotlight on just how profound the decisions are that our society must make. Therefore, the state should encourage increased civic participation and development of voluntary civic organizations so neighbors can help their neighbors through these difficult times.
Regarding the 2021 budget process, and given the unpredictability of how quickly our state economy and government tax receipts will recover, it is vital that government live within its means, without placing additional burdens on an already distressed private sector. As New York Governor, Andrew Cuomo, recently stated … his state government is not going to be able to deliver all of the services and programs it did before the crisis, and can only begin to do as actual government “receipts” dictate.
For people to be able to get back to work and to create an economy that will be more resilient the next time there is a crisis, Rhode Island needs to improve its infrastructure, both in the old sense of roads and bridges and in the emerging sense of digital connectivity.
With families’ learning the ins and outs of “distance learning,” our community has a new level of hands-on experience with education. We must take this opportunity to ensure that our struggling education system reforms to create an informed, job-ready, and resilient population.
On the health insurance front, many people who have lost their jobs may also have lost their private health care coverage. Currently, Rhode Island’s onerous insurance regulations makes it impossible for provider to offer “short term” insurance plans, either forcing newly uninsured people into much more expensive government-improved plans, onto Medicaid, or to risk living without insurance (and subsequently being penalizing with a fee.)
To help individuals who may be in employment transition during this crisis, Rhode Island should:
Other health related policy ideas include:
Governor’s 2019-20 Budget: The Rhode to Serfdom
/in Blog, Budget and Spending, Featured, Sales Tax/by RI Center for FreedomProvidence, RI — Instead of seeking to shape Rhode Island’s future with the proven ideals of a free-society, Governor Raimondo’s proposed 2019-2020 budget is a stunning departure from America’s core values and, instead, would put our state on a “Rhode to Serfdom,” according to the RI Center for Freedom & Prosperity.
With the Ocean State doomed to lose a US Congressional seat because of its hostile tax, educational, and business environment, which chases away wealth, families, and businesses, the policies presented in the Governor’s budget would make matters far worse.
“Just yesterday, I attended a thoughtful lecture by the chief economist for JP Morgan Chase at an event hosted by the RI Society of CPAs. His message was that economic growth is the best path to achieve prosperity and to manage deficits … not raising taxes and not necessarily cutting spending,” commented Mike Stenhouse, the Center’s CEO. “However, this Governor’s regressive budget points us 180 degrees in the opposite direction and would stifle any opportunity for growth. Ocean Staters are clearly being forced down a Rhode to serfdom.”
With new government-imposed health insurance mandates that will further burden already distressed families as well as employers who are already suffering from one of the worst business climates in the nation, and along with a bevy of new taxes and fees that will further restrain economic growth, the proposed budget takes a giant step backwards towards a centrally-planned society, where government controls more and more aspects of our lives. The entire country is thriving, economically, from reduced government intrusion into our lives, but these progressive-left policies would increase dependency on government.
The proposed Medicaid tax on businesses and the individual mandate are particularly egregious. Each would serve as yet another reason for large employers and families to stay away from Rhode Island. It is oppressive that the government would seek to punish employers for not compensating their workers how the government wants them to; or to punish individuals not being able to afford the high-cost insurance resulting from the government created Obamacare mandates.
“For the better part of a decade, the State has encouraged and bragged about the number of people enrolled in Medicaid with taxpayer funded ads, and now she wants to make businesses pay for it,” cynically question the Center’s research director, Justin Katz.
Equally disturbing, the budget contains no meaningful remedies to the many problems that plague our state, such as high taxes across the board, high energy and healthcare costs, and onerous regulatory burdens on job-producers.
“On top of her irresponsible new spending proposals, clearly designed to benefit special-interest unions, the reliance on SIN taxes to pay for these schemes will tear at the cultural fabric of our society,” continued Stenhouse. “The continued attacks against legal firearms owners and smokers, along with the unsustainable increase in overall government spending, with its immoral budget scoops, also points Rhode Island back towards a totalitarian form of government that I thought we were done with in America.”
For these reasons and more, Rhode Island suffers from an epidemic of people and businesses fleeing our state. “Maybe it’s time to build our own wall to keep people in,” joked Stenhouse earlier in the week.
The Center again calls on General Assembly leaders to reduce the state’s sales tax, citing existing law that requires such a rate-reduction if certain “internet” taxes are enacted. With the multitude of new sales taxes imposed in recent budgets, the Center maintains that we have essentially reached that legal threshold.
RI General Assembly Freedom Index
/in Blog, Featured, Political Philosophy, Recent Posts/by RI Center for FreedomDownload: Freedom Index 2012 Scorecard; legislator votes, bill explanations, and rankings ; Click here for the Media Release
Radio: Stenhouse discusses Index on Dan Yorke radio show ; and on the Helen Glover show (@ the 13:00 minute mark)
The first-annual General Assembly Freedom Index by the RI Center for Freedom & Prosperity scores Ocean State lawmakers on their level of support for principles of freedom as proven by their votes on the floors of the House and Senate.
The index examines legislators’ votes in terms of their likely effect on the free market, the size and scope of government, the balance of residents’ interests against those of public employees and beneficiaries, and the constitutional structure of a divided government with limited power over the people whom it represents. The Center reviewed every bill that received a roll-call vote by the full membership of either chamber and selected 96 that fit its understanding of these criteria. (Companion bills only count once.)
The resulting scores give a detailed sense of each legislator’s priorities beyond a few high-profile issues.
The Center further divided the bills into five categories:
Most legislation has implications for more than one of these categories. For the purposes of this index, we applied our subjective sense of the area of core effect and sorted the bills accordingly. If, for example, a bill having to do with education seemed to us intended to secure the role of public employees, we classified that bill as Public Sector Labor, not Education Reform.
Download: Freedom Index 2012 Scorecard; legislator votes, bill explanations, and rankings
2012 Freedom Index Findings
Ninety-six (96) different pieces of legislation (counting companion bills once) were evaluated. The Center judged 70 of them as having a negative effect on freedom.
The average legislator index score of -25.4 indicates that the General Assembly moved Rhode Island in the wrong direction, and that Rhode Islanders are less free than they were in 2011. This index underscores our Center’s view that the 2012 RI General Assembly did not positively address the dire business climate of our state.
Top and Bottom 10
Other findings include;
Tax & Budget Category, Top and Bottom 10
Regulatory Environment Category, Top and Bottom 10
Constitutional Government Category, Top and Bottom 10
Index Overview
The Center selected legislative bills for inclusion in the Freedom Index if they were deemed to have an effect on free-market, small-government, or constitutional principles, with each bill assigned a positive or negative weighting based on the criteria listed below. Weighted points for each bill were given to each legislator based on his or her roll-call vote on it.
Each legislator’s final Freedom Index was calculated as his or her score’s percentage of the total possible points. A positive score indicates a 2012 voting record that generally protected individual and economic freedoms, while a negative score reflects the opposite.
Disclaimer: It should be noted that the total Freedom Index score generated for each legislator is a direct reflection of the perspective of the RI Center for Freedom & Prosperity when it comes to the weighting of each bill. The Freedom Index is not an absolute measure of a legislator’s merit and does not constitute any endorsement or individual criticism. The Freedom Index is a tool designed for general research and for accountability, giving voters some quantitative metrics for their own assessments as to their elected legislators’ performance.
Methodology
1) Determine weighting: Each selected bill received a weight ranging from +3 to -3, as determined by the RI Center for Freedom & Prosperity. Negative weights indicate legislation that creates or expands an agency, government program/function, or tax; creates new regulatory burdens; is hostile to constitutional principles; or otherwise conflicts with the principles that guide the Center. Positive factors were assigned to bills in line with those principles. Companion bills in the House and Senate were weighted identically. To determine the weightings, the Center requested reviews of all chosen legislation from a half dozen engaged Rhode Islanders with similar principles and combined the range of results for a final weighting.
2) Determine vote: Each legislator received a +1 or -1 vote factor, depending on whether he or she voted FOR or AGAINST a particular bill, respectively. If a legislator did not vote on a bill, he or she received a +0.25 if the bill passed or a -0.25 if the bill failed. Legislators who abstained from voting received a +0.75 or a -0.75 vote factor depending on if the bill passed or failed.
3) Calculate weighted vote: Multiplying the weighting factor and the vote factor produced a weighted vote score for each legislator for each bill.
4) Calculate the legislator score: The cumulative score for all bills for each legislator determined that legislator’s overall score.
5) Calculate Freedom Index: Dividing each legislator’s total score by the maximum possible for the appropriate chamber provided his or her Freedom Index, or a percentage of the best possible score he or she could have achieved. In 2012, the “perfect” scores are 106 for the House and 116 for the Senate.
For example, consider a bill that would increase the regulatory burden significantly in Rhode Island and that the Center therefore weighted as a -2. Legislator A voted for the bill. His or her weighted vote would be calculated as follows: -2 x 1 = -2. Conversely, the weighted vote for Legislator B, who voted against the bill, would be: -2 x -1 = 2.
If Legislator A, in the House chamber, earned a total legislator score of -33, his or her Freedom Index would be calculated as: -33 ÷ 106 x 100 = -31.1. If Legislator B in the Senate had a total score of +23, his or her Freedom Index would be calculated as: 23 ÷ 116 x 100 = 19.8.
To rank the legislators, the Center sorted them by their Freedom Index scores and then, in the cases of ties, by their scores in each category, in the following order: Regulatory Environment, Tax & Budget, Constitutional Government, Public Sector Labor, and Education Reform. When legislators’ results were still identical, the Center adjusted them in order of their apparent stature and power within their chambers.
Criteria
In determining each bill’s weighting, the following questions were considered:
Other considerations were also brought into question:
It should be noted that the complexity not only of the law but of political theory in general can make assessments of the sort described above subjective and very difficult. People reviewing the index should consider the results to be the best judgment of the Center, given our collected experience and expertise.
Download: Freedom Index 2012 Scorecard; legislator votes, bill explanations, and rankings
R.I. Creating an Expressway to Dependency
/in Blog, Featured, Health Care, Policy, Recent Posts/by RI Center for FreedomThe Issue. Rhode Island is leading the nation in the advancement of a larger entitlement culture via its planned expansion of social services through a health benefits exchange, a component of the controversial federal healthcare law. When collecting detailed personal financial and household information from individuals seeking health insurance support, the state intends to proactively enroll participants in other state programs for which they are eligible. Will this create and expanded culture of dependency?
Statement from CEO, Mike Stenhouse. “This is an extreme case of misguided public policy. The expansion of government and special interest control over our personal healthcare decisions, along with the culture of dependency being freely advocated by this administration, should be viewed as an assault on our deeply held American value of self-reliance.
“Imagine turning to the RI health benefits portal because your employer cancelled your insurance and finding yourself on a government-created expressway to a life of dependency. Wouldn’t we all be better off, instead, if the state encouraged residents to become independent, productive members of society?”
Related Links: Mike Stenhouse discusses the ‘Dependency Portal’ on the Helen Glover radio show … click here; Dependency Portal Pieces in Place;What the Center is calling a “dependency portal.” The dependency portal is a not-so-hidden goal of Rhode Island’s version of the health benefits exchanges described in the Patient Protection and Affordable Care Act (PPACA, commonly known as ObamaCare).
Although the final design has not been developed in specific detail, the idea of the exchanges is to enable healthcare consumers to use a government Web site to review their available options for insurance and to determine their eligibility for public subsidies. Most likely, a series of Web-based forms will ask the user for a variety of highly personal information regarding health, income, and family circumstances in order to determine what health plans and public assistance amounts he or she is eligible for.
Whether such information will be requested of all residents who seek to use the site or only of those explicitly seeking subsidies remains an open question.
The exchange will become a dependency portal when other forms of public assistance — from food stamps to cash-payment welfare to child-care subsidies — are integrated into the system and promoted to the exchange user based on information that he or she provides while seeking health coverage — perhaps automatically enrolling people with the merest expression of consent.
At a recent press conference, Rhode Island Health and Human Services Secretary Steven Costantino referred to this “hidden element” of the exchanges as “one-stop shopping.”
Why is that bad? As a free market think tank, the Center is certainly not opposed to practices that encourage efficiency and the use of technology to improve the access that customers and clients have to services. Information technology, in particular, has empowered individuals to accomplish easily and inexpensively tasks that once required expert consultants.
From a business perspective, the Internet and the proliferating technologies that use it, now including smartphones and tablets, smooth the path from a potential customer’s initial interest all the way to final purchase. Technology enhances businesses’ ability to market and sell their products and services, and they seek to accomplish those ends in order to grow their revenue and expand their market share.
That model is not appropriate to government in dispensing taxpayer-funded services.
In the private sector, bundling of services has become commonplace, and it is easy to understand why companies would pursue the strategy. Think of the merging technologies of television, Internet, and telephone; it makes sense for a company with an advantage in, say, television, to use various marketing techniques, such as reduced-price packages, cross advertising, and one-stop shopping, to gain an edge in other markets.
However, the public clearly has a sense that these methods can go too far. Indeed, at the turn of the millennium, the federal government sued Microsoft on the grounds that it was hindering competition by using its operating system dominance (with Windows) to gain an insurmountable advantage in the Web browser market (with Internet Explorer).
In the case of government, all of the same incentives exist for the organization to expand its reach. The difference is that government has three inherent competitive advantages:
Over time, government programs are therefore less and less “public services” that taxpayers agree to support through the people whom they elect and more and more bureaucratic offerings that use the enrollment of some citizens as justification for claiming more authority and confiscating more money from others.
One can see evidence of this intention in the process by which Rhode Island’s exchange was initiated. In the face of (to be mild) public uncertainty about the PPACA, the Democrat president and Congress pushed it through. It creates financial incentive for states to build the exchanges (by making taxpayers from other states pay for it), and it hands an astonishing amount of policy discretion to the unelected Secretary of Health and Human Services.
In Rhode Island, Governor Lincoln Chafee broke with common understanding of separation of powers in order to create the exchange by means of executive order, committing the state to pay for the site’s maintenance once it is operational. Similarly, the state executive branch has simply determined to agree to a related Medicaid waiver, expanding free healthcare services in the state and adding to its expenses. No legislative input; no public hearings; in short, no public statement of agreement with the programs being developed in the people’s name.
As the government exchanges claim increasing shares of the market nationally, unelected state and federal officers will be authorized to determine everything from minimum benefits to price controls to payment schedules. The board that Governor Chafee appointed to initiate the exchange illustrates that special interests will have an outsized role, as well.
With the addition of other welfare programs to the mix, it will be even more difficult for the people of the state to change course.
What it means for you. Losing control of activities done in the public’s name may not be the most dire consequence of the dependency portal approach. Rather, the fatal part of the trap is the fast lane to a culture of universal reliance on government and a pervasive sense of entitlement.
Whenever the topic of welfare arises, conversation turns toward those who “know how to work the system” and thus become the fabled “welfare queens.” For them, incentives toward good behavior have been reduced or reversed, and democracy has devolved into an exchange of political power for handouts.
The real danger of the dependency portal is that it sets up a chute so that previously self-reliant Rhode Islanders will increasingly fall into an entitlement existence. Why else would the exchanges offer health care subsidies to a family of four with income of $92,200?
Just as technology has simplified tasks that once required expert consultants, the dependency portal will make “working the system” a simple matter of clicking a few buttons.
Tracing the progress of the portal in Rhode Island. RI Health & Human Services Secretary Steven Costantino, Health Benefits Exchange Director Christine Ferguson, and Lt. Governor Elizabeth Roberts describe Rhode Island’s nation-leading steps toward the dependency portal (June 28, 2012):
Elaboration on why Rhode Island and the United States should resist the pull toward dependency portals:
RI Center for Freedom & Prosperity first identifies the dependency-portal dynamic as one reason to reject the health benefit exchange and the Medicaid expansion:
The pieces needed to turn the exchange into a dependency portal are being put into place:
RI officials acknowledge intention to implement Medicaid expansion, without any indication of legislative or public input:
Documents related to the dependency portal begin to reveal the direct connection between those pushing the concept and those involved with Rhode Island’s health benefits exchange:
The dependency portal in concert with eliminated work requirements for welfare may mark the return of the “welfare queen” and a “majority coalition” for big-government activists:
Documents. The federal government and national non-profits describe the dependency portal and the related “express lane eligibility”:
County Out-Migration Should Be Alarm to Municipalities
/in Education, Featured, Infrastructure, Migration, Pension Reform, Recent Posts, Studies and Reports, Taxes/by RI Center for FreedomFor nearly a decade, taxpayers have been leaving Rhode Island. With cities and towns facing wave after wave of difficult decisions, a change of policy course is critical. Between 2003 and 2010, the net migration out of the state has left Rhode Island with 24,455 fewer income-tax-paying households with a total of $1.2 billion of annual income.
Governor Should Tread Slowly on Health Care Exchanges
/in Blog, Recent Posts/by Mike Stenhouse(see the ProJo OpEd version here)
The Governor’s office should exercise caution and search for answers to important questions before rubber-stamping the health insurance exchange ‘executive order’ recommended by a special panel. President Obama’s controversial Patient Protection and Affordable Care Act (PPACA) “Exchanges” may simply be too risky for RI.
We encourage a serious public debate on this very important issue before bypassing the normal legislative process, which failed to pass related legislation. The debate should focus on whether or not now is the appropriate time to move forward with a PPACA exchange, especially considering the high associated risks and potential alternative paths. Our state has time, and should take the time to act prudently.
The PPACA federal law is unstable, politically and legally. In August, the 11th Circuit Court of Appeals ruled that PPACA exchanges, which would create an individual mandate to purchase health insurance, is unconstitutional. Also, one implication of the recent national debt-ceiling debate may mean that millions or even billions of dollars designated to support PPACA would be at risk if the debt super-committee can’t come up with the required spending cuts.
There are many arguments and questions about why RI should not rush into implementing this controversial system at this time:
Since states are not required to implement an exchange until 2014, why shouldn’t we hold off making these decisions until after the uncertainty around PPACA has played itself out? Dozens of other states have held off.
We all want lower prices for good health insurance. Instead of conforming to a federally controlled system, Rhode Island should consider regional Health Insurance Compacts and expanded Health Savings Accounts, which would allow free-market competition to reduce prices and to provide consumers with more choices. Such compacts would authorize out-of-state insurers to compete for business, in much the same way that we purchase auto and property insurance. These free-market models would create larger markets, more competition, more choices, and lower prices.
Right now, PPACA is a major headache for the Obama administration. Why should we make it Rhode Island’s headache as well?
Mike Stenhouse is CEO of the RI Center for Freedom and Prosperity.
State Pension Reform – RI has a way to go to catch up with other states
/in Blog, Pension Reform/by RI Center for FreedomIn 2010 and 2011 (39) US states enacted some form of public pension reform. Rhode Island is one of those states, but we acted in only one of the measured categories in this report.
Restoring Competitiveness to Rhode Island
/in Blog/by Mike StenhouseOur RI Center for Freedom & Prosperity has a bold, new vision to restore greatness to the Ocean State by making it the most dramatic turn-around state in the nation. In the coming months, our Center for Freedom will release a detailed “Prosperity Agenda” for Rhode Island: a game-changing, new agenda that will return competitiveness to our economic and educational institutions, backed by insightful research.
Commentary by Mike Stenhouse
Rhode Island is a last place team. Remember earlier this year when the Red Sox were in the cellar? In Rhode Island many of our citizens are resigned to doom. In contrast, Red Sox nation was outraged.
If only RI citizens were like Red Sox fans.In the competition for people, wealth and business, our Ocean State simply is not competitive with other states. Yet we find little leadership from our public officials to try to improve our lot and far too few jeers from the public. Many reform advocates debate less important issues. Nobody seems to be focused on winning!
With the recent budget debate and with the current pension debate, we can clearly see why RI never improves its standing.
The recently passed state budget and the pension solutions currently being discussed will only serve to make Rhode Island LESS competitive. We debated balancing our budget and how to raise enough revenues to do so. Now we are debating how to raise enough revenues to pay off our massive unfunded pension liabilities. We debate the merits of trading this tax for that tax. We debate how to keep funding our past promises or how to pass on costs to this group or that group. We keep debating each issue as a one-off item, yet no one is talking about improving our state’s competitiveness, and actually winning again.
And, predictably, we always seem to end up in the same place … last place. Yet there are many who defend the status quo and resist reform.
WE NEED A WINNING STRATEGY. For Rhode Island, that strategy must include a dramatic reduction in taxes along with dramatic reductions in spending. There is no other way to remain competitive.
We all know that RI ranks at or near the bottom in far too many areas when it comes to education and the economy. Our perpetually poor rankings prove the utter failure of the status quo. Yet, we cling to what we know, we put the same players back on the field with the same rules, and we seem pleased with ourselves if we can just figure out how not to appear to worsen the situation.
But we are indeed worsening the situation. We know now that our current oppressive tax and regulatory structure is driving people and wealth out of our state. Recent headlines about our education are equally disturbing. To build a sustainable economy, we need educated, productive citizens and capital. To successfully compete with other states, we need more of both. Maintaining the status quo only means we will continue to hemorrhage even more of these valuable resources.
How would raising taxes on the rich, or on property owners, as many suggest, grow our struggling economy?Even the Governor half-agreed, stating that raising taxes on the wealthy would cause them to move. True. But we also know that middle-class Rhode Islanders will also migrate to other states if they are over taxed. It’s the same, I would guess, with businesses and consumer purchasing.
Raising taxes – any taxes – in order to balance our budget or pay off unfunded debts will only serve to make us LESS competitive! We will continue to lose citizens and money; and we will squander yet another opportunity to improve our chance of winning. Balancing the budget and paying off debt is the wrong game.
THE GAME SHOULD BE ABOUT HOW TO IMPROVE OUR STATE’S COMPETIVENESS AND HOW TO WIN BACK PEOPLE AND WEALTH!Were Red Sox fans silent when their team was in last place? Would they be mollified if the team bragged that it balanced its books? Would they really care how much players were paid? Would they be satisfied if we merely shuffled the same old lineup? Would they accept increased ticket prices for a perpetual last place team? These wouldn’t matter much if the team was winning. But this is exactly what our public officials want us to accept … pay more money to remain in the cellar.
In RI, little else should matter unless we grow the economy and reform education for the prosperity of our citizens and the future of our children. The primary standard should be whether or not we are improving our competiveness with other states … not balancing the budget.
As long as we continue to play by rules that decrease our competitiveness and without a clear winning vision from our leadership, RI will continue to be a cellar-dweller. Even if our economy recovers to some small degree, it is likely that other states’ economies will improve even more.
In the sports world, where competition and free market principles mainly prevail, a last place team will embark on a “rebuilding” strategy, where it’s “out with the old” and “in with the new”. This may mean a few years of potential struggle while the “new” strategy takes hold, but when it does, if the plan is designed properly, the situation will improve dramatically.
Trouble is, in Rhode Island, we don’t seem to have many strategic thinkers with the courage to admit that long term reform can only happen with some near term pain. And you won’t hear much from our state’s fans (we the citizens). Nor do we find cutting commentary from the media demanding a better team or an improved standing. Imagine the Boston Globe endorsing a perennial last place Red Sox team that refused make wholesale changes.
Red Sox nation demanded a winner and the Red Sox successfully broke its “curse” by winning two world championships! It took the vision of a young and talented GM. The state of RI must do the same … but we are left to wonder where we will find that kind leadership and that kind of public outrage.
If only we could bring out the Red Sox fan inside each of us!
Our RI Center for Freedom and Prosperity is a “fan” of the state of Rhode Island. We hope you will join in us in refusing to remain silent. Not only do we demand a bold, new ‘winning’ strategy for our state, but we intend to map out the initial cornerstone reforms that should be part of that strategy.
Stenhouse submits testimony in support of (H5498) to repeal RIDE’s curricula mandate powers
/in Featured, Recent Posts/by LarryStenhouse Testimony Includes Remarks from Over 100 Citizens
H5498 Would Repeal RIDE’s Curricula Mandate Powers
Providence, RI – Mike Stenhouse, CEO of the RI Center for Freedom & Prosperity, today submitted testimony to the RI House Committee on Education in support of House bill H5498, which will be heard today in committee at 4:00PM in Room 101 at the State House.
The legislation would repeal the 2019 law that empowered the RI Department of Education to mandate standardized curricula to every school district and public school student in the state.
“It is the view of many parents in our state, and mine, that RIDE and its Commissioner, Angelica Infante-Green, have proven to be wholly ineffective, irresponsible, and unworthy of the authority granted to it by state lawmakers in 2019,” said Stenhouse. “RIDE continually infuses controversial political theories and age-inappropriate content into K-12 curricula … advancing political agendas instead of academic achievement … and to infringe on parental rights and on the authority of locally-elected school committee members. It’s clear that it’s time to reverse course.”
Stenhouse’s testimony, which can be accessed here, includes the personal remarks of over 100 citizens who submitted written testimony to the committee via email via an online tool provided by the Center. In just the past three days, over 125 Rhode Islanders utilized the tool to submit written testimony “for” H5498, while over 250 people had previously signed on online petition in support of the legislation.
As an example of RIDE’s politicized approach to education, the Center published a 54-page report in February, titled, “Taken for a RIDE; How Rhode Island’s Social Studies Standards Shortchange Students.” The report highlighted RIDE’s historically inaccurate and divisive social studies standards, which were rubber-stamped by the Board of Education. The report also made an argument for substantially modifying or entirely replacing the Standards with a more historically accurate and widely acceptable set of standards.
Bi-partisan companion legislation (S0187) has also been submitted in the RI Senate, although a hearing date has not yet been set.
CEO Stenhouse Testimony In Support of H5498
/in Featured, Recent Posts/by LarryExcerpt from CEO Mike Stenhouse’s testimony: “In my view, RIDE and its Commissioner, Angelica Infante-Green, have proven to be wholly ineffective, irresponsible, and unworthy of the authority granted to it by state lawmakers. RIDE has continually sought to infuse agenda-driven and controversial political theories into K-12 curricula … and to infringe on parental rights and on the authority of locally-elected school committee members.
RIDE should develop and recommend curricula standards, but they should not be able to mandate, force, or coerce local school districts to adopt them.”
Legal & Medical Brief: Why RI Courts Should Affirm that Natural Immunity in Youths Pre-empts Need for Vaccines
/in Covid, Featured, Legal/by Mike StenhouseThis brief was researched and developed to provide medical and legal analysis and recommendations with regard to the pending Nagle v. Nagle case in the Rhode Island Supreme Court.
Why RI’s Supreme Court Should Set National Precedent that Healthy Young Children with Naturally Acquired SARS-CoV-2 Immunity Don’t Need the Covid-19 Vaccine
by Andrew Bostom, MD, MS and Gregory Piccirilli, Esq.
On February 9, 2023, the Rhode Island Supreme Court (RISC) granted divorced father Joshua Nagle’s emergency motion for a stay on covid-19 vaccination of his young daughters, as petitioned via a lawsuit filed by his former wife. The RISC case was filed as an appeal to a previous ruling from Rhode Island’s Family Court, which sided with the mother.
When the RISC convenes to hear formal arguments in this case (Nagle v. Nagle), April 13, 2023, it will mark perhaps the first time in the nation that the matter of parental disagreement over childhood covid-19 vaccination is decided by a state’s highest court.
We believe the case of the father, Joshua Nagle, who seeks to avoid triple covid-19 vaccination of his healthy, previously SARS-CoV-2 infected five- and eight-year-old daughters, is firmly rooted in both evidence-based medicine and sound law.
The Evidence-Based Medicine Case Against Covid-19 Vaccination of These Previously SARS-CoV-2-Infected Healthy Five- and Nine-Year-Old Girls
Joshua Nagle’s daughters have been SARS-CoV-2 infected twice in the past ~year during January, and July, of 2022. Each time the girls were infected, they experienced either minimal symptoms, of brief duration, or were entirely asymptomatic. We now know those mild, self-limited SARS-CoV-2 infections confer a natural immunity to the virus that is more robust and enduring vis-à-vis any which might result from covid-19 mRNA vaccination. Key evidence in support of that contention, includes:
–North Carolina data from ~890K children aged 5 to 11 years-old during a period of SARS-CoV-2 omicron variant predominance (published in the New England Journal of Medicine) which revealed (see figure, below) the clear superiority of natural immunity in preventing covid-19 hospitalizations. Specifically, at 10-months, prior infection/naturally acquired SARS-CoV-2 immunity conferred 86.9% protection against hospitalization which exceeded the 5-month protection (76.1%) afforded by vaccination, with the gap widening each successive month (i.e., months 1-5) where direct comparisons were available.
–A subsequent Lancet meta-analysis (figure follows) of adult populations confirmed and extended these findings demonstrating that prior infection afforded stronger, longer lasting immunity against “severe disease,” i.e., covid hospitalization and death.
–Subgroup data from Pfizer’s randomized, controlled trial (RCT) of covid-19 mRNA vaccination in 5 to 11 year-olds showed that among those children with prior SARS-CoV-2 infection, none even developed mild covid-19 infections in the either the active vaccine, or placebo vaccine groups.
Regardless of immune status, the SARS-CoV-2 infection fatality rate (covid-19 deaths/total infected) in children has been mercifully trifling, on the order of ~1/335,000 (0.0003%), globally, for those < 19 years-old.
More recent U.K. data evaluating the omicron variant period described a rate of 1/1,000,000 among 5 to 11 year-olds, while in children of all age groups, deaths were largely confined to those “with severe comorbidities, especially neurodisabilities.”
Rhode Island data provide local validation of these trends: there have been zero primary pediatric covid-19 deaths during 3 years of the pandemic
(here; here; The latter source also indicates there were 251 non-covid-19 pediatric deaths in Rhode Island from 1/1/2020-3/1/23). In contrast, three Rhode Island children died during a single pandemic H1N1 influenza season in 2009 to 2010.
Hospitalization rates, certainly for primary covid-19 hospitalizations (here; here), and in particular those with severe illness, have always been extremely low in children, since the advent of the pandemic. Moreover, concordant French and Canadian data reported pediatric influenza hospitalization rates for pandemic and/or select seasonal influenza years, were > 4-times those for covid-19. Again, data from Rhode Island are entirely consistent with these findings:
–During the 16-week period from February 13, 2022 through June 4, 2022 there were a total of only 15 primary covid-19 pediatric hospitalizations (for ages 0 to 17 years-old)—<1 per week—as determined by Rhode Island Department of Health (RIDOH) criteria;
–At the peak of this past “cold-flu season” in Rhode Island, i.e., October through December, 2022, there were 14 pediatric covid-19 hospitalizations, versus 67 pediatric influenza hospitalizations, and (at least) 304 hospitalizations for pediatric respiratory syncytial virus (RSV), per RIDOH (and Hasbro Children’s Hospital)
–For the past year (2/1/22 to 1/31/23), only six 5 to 9 year-old Rhode Island children have been hospitalized for primary Covid-19, irrespective of Covid-19 vaccination status (i.e., 2/ the 30-40% fully vaccinated; 4/ the 60-70% not fully vaccinated).
Rigorously and independently validating all these data, no child in either the placebo or actively vaccinated groups of Pfizer’s RCT of 5 to 11 year-olds was hospitalized.
These trial findings affirmed the very mild nature of covid-19 in children, and highlighted the complete absence of any RCT data—the highest standard of evidence (acknowledged in pediatric medicine as well)—demonstrating covid-19 vaccination of children “prevents” such rare covid-19 hospitalizations! Furthermore, there are literally no extant randomized, controlled trial data whatsoever evaluating “bivalent” covid-19 booster vaccination in children!!
Two peer reviewed assessments of covid-19 vaccination risk/benefit examining RCT data in low (i.e., confined to 18 to 29 year-olds) to moderate risk (i.e., all Pfizer and Moderna trial participants) have each demonstrated the risk of vaccine-associated serious adverse events (SAEs) outweighed any potential vaccine-associated reduction in covid-19 hospitalizations.
Given the extraordinarily low risk for covid-19 hospitalization in the pediatric population, relative to these adult populations, pediatric covid-19 vaccination risk/benefit stands, axiomatically, to be more adverse. Earlier we mentioned the paucity of covid-19 hospitalizations for Rhode Island children aged 5- to 9-years-old in the past year, only 6, divided in equal proportions, between those fully vaccinated and not fully vaccinated.
The Center For Disease Control and Prevention (CDC)’s passive vaccine injury surveillance mechanism, VAERS (Vaccine Adverse Event Reporting System), notoriously under-reports putative vaccine-associated adverse events (by ~30-fold in this peer reviewed study).
Two covid-19 vaccine-associated SAEs were recorded in VAERS among 5- to 9-year old Rhode Island girls during 2022, both requiring emergent care: a 5- year-old who presented with hives, and then a facial nerve palsy within 5-days of vaccination, and a 9-year-old who developed both chest pain/tightness, and hives, almost immediately after vaccination.
While the 9-year-old’s rapid-onset chest symptoms are clearly not consistent with covid-vaccine-associated myopericarditis (14 cases of which occurred during 2021 among healthy Rhode Island men under 35 years-old, and were published in a peer reviewed journal), we note the Taiwanese government just compensated the family of an unidentified 5- to 11-year-old girl who died from fulminant, autopsy-proven lymphocytic myocarditis 3-days after receiving the second dose of the Pfizer-BioNTech covid-19 mRNA vaccine.
Perhaps some of these unfavorable risk/benefit data have captured the attention of the vast preponderance of Rhode Island parents, only 36% of whom have chosen to vaccinate their 5-9-year-old children with the primary (2-shot) covid-19 vaccine series, while a mere 10% have “boosted” them with a third injection. Joshua Nagle shares the rational, evidence-based concerns of this super-majority 90% of Rhode Island parents who have decided they do not want their healthy 5- to 9-year-olds to receive three covid-19 vaccine injections.
Finally, the views of Mr. Nagle, and the lion’s share of Rhode Island parents, are externally validated by whole Western European nations, and America’s third largest state, Florida:
—France has just announced it is not recommending further covid vaccination for those under 65-years-old without comorbidity.
—Denmark does not recommend vaccination for any healthy persons under 50-years-old.
—Norway and Sweden do not recommend vaccinating healthy children under 18-years-old.
—The U.K. won’t even offer the vaccine to those < 12-years-old.
—Florida (already in March, 2022) recommended against vaccinating healthy children 5-to 17-years-old.
The Specific Legal Case Against Covid-19 Vaccination of These Previously SARS-CoV-2-Infected Healthy Five- and Nine-Year-Old Girls
We believe examination of the plaintiff’s pediatrician expert witness, Dr. Colleen Ann Powers, elucidated her non-evidence-based justification for vaccinating healthy, previously SARS-CoV-2 infected children, in our case, the Nagle children. We also maintain the Family Court trial judge’s decision in favor of the plaintiff was subject to contradictory legal reasoning.
Dr. Powers, the plaintiff’s pediatrician, recommended that the Nagle children, notwithstanding their naturally acquired immunity, receive the 2-shot original covid-19 vaccine series, and within 3-4-months afterward, also get a bivalent booster (third injection). She conceded that the sole purpose of the vaccine was to benefit the recipient by protecting against severe covid-19 illness, and death.
The only basis for her opinion that the Nagle children should receive the vaccine (X 3) was her incurious, uncritical acceptance of the generic recommendations of the CDC, and the American Academy of Pediatrics (AAP). She conducted no independent research; in fact, she was confused about when the Pfizer RCT in 5- to 11-year-old children was conducted, and what it had shown (i.e., no protection against covid-19 hospitalization could be demonstrated because there were no hospitalizations in the entire RCT, regardless of vaccination status, and not even the occurrence of mild infections amongst those children with prior natural immunity, also independent of vaccination status).
Dr. Powers was also unaware that the vaccine was only Emergency Use Authorized (EUA) but conceded that if POTUS Biden declared the emergency over, it might change her recommendation. (Note: On January 30, 2023, President Biden advised Congress that he will end the national emergency for COVID-19 on May 11, 2023. At present, it is unclear how that action will affect covid-19 vaccine availability, subsequently.)
Dr. Powers was further unaware that less than 40% of children in the US have had the vaccine (just 36% in Rhode Island have been vaccinated with 2-shots), even though those data are published in the AAP material she receives. She also did not know how many children in Rhode Island have died because of Covid, and was surprised to learn that number was zero.
As for whether the vaccine is required to attend school, Dr. Powers admitted it is not. She also agreed that in August, 2022, the Rhode Island Department of Education ended any distinction between covid-19 vaccinated or unvaccinated children in school.
Dr. Powers initially asserted that there was scientific consensus recommending the vaccine to children; but was unaware that at least one large state (Florida), and entire Western European countries (France, the U.K., Denmark, Sweden, Norway), did not.
She was unaware that the infection fatality rate for COVID in 0- to 19-year-olds is 0.0003%, or that of those 3 deaths per million, virtually all occurred in children with major, chronic co-morbidities. When confronted with such irrefragable information, Dr. Powers admitted she was “surprised.”
Similarly, Dr. Powers downplayed evidence of potential harm as reported in the Vaccine Adverse Event Reporting System (VAERS). In September of 2021, the RIDOH produced a report (published in The Rhode Island Medical Society Journal) which noted that within the first eight months of VAERS surveillance of Rhode Islanders after the covid-19 vaccine rollout, between January and September of 2021, there were nearly 1,500 reports of vaccine-associated adverse reactions, including 89 hospitalizations, and 16 deaths.
When presented with this information, Dr. Powers tried to minimize it, although she did concede that “they (presumably, RIDOH) should investigate that.” (Unfortunately, despite repeated inquiries, we have not been able to uncover any evidence that RIDOH has followed up on that 2021 report.)
We argue, moreover, the Family Court trial judge, Associate Justice Sandra Lanni erred in two fundamental ways. First, she made a best interests of the child determination after finding that the father acted reasonably in accordance with the final divorce decree.
Second, even if the Family Court were permitted to ignore the language of the final decree, the Court (i.e., via Judge Lanni) failed to articulate how the 8 factors in the best interest of the child standard warranted a change in custody for the mother to make the sole decision regarding COVID-19 vaccination.
In addressing the final divorce decree and the issue of reasonableness, the Family Court found that “there is not uniformity of agreement in the medical community regarding whether children, in general, should receive the COVID vaccine and whether the benefits of the vaccine to children, in general, outweigh the risks or vice versa.” Further, she found that the parents generally agreed to all medical recommendations of the pediatrician, including other vaccines; the sole issue of dispute involved COVID-19. This led inextricably to the Family Court determining that the father had acted reasonably in rejecting the vaccine:
“In light of the evidence before the Court, the Court cannot conclude that the Defendant’s refusal to follow the recommendations of Dr. Powers, in this one instance, is objectively unreasonable.”
But then the Family Court overruled the father’s objection to the vaccine:
“To the extent that the Defendant argues that the language in the marital settlement agreement and in the final judgment means that if one parent has a reasonable objection to a recommendation of the children’s pediatrician, then that parent will automatically prevail, the Court rejects that argument. That language is not stated. It could have been stated, but it was not. Furthermore, the Court always has the jurisdiction to resolve issues relating to the minor children in a divorce if those children — if those issues relate to the children’s healthcare.”
The parties (i.e., the Nagle parents) used the language “neither party shall unreasonably withhold consent” in other sections in the final divorce decree, including, notably,medical and dental treatment. The Court should have ended its consideration of the case once it found the father acted reasonably. To do otherwise in essence rewrites the final divorce decree and overrules what the parties had agreed to.
When a party seeks to modify a custody order, there must be a showing of changed circumstances. Only then does the Court invoke the best interests of the child standard. Olson v. Olson, 701 A.2d 1030, 1031 (R.I. 1997). Since the Court here made no such determination of changed circumstance, Judge Lanni’s decision must be reversed.
Prior to conducting hearings on the matter, the Family Court asked the parties for any case law in other jurisdictions in which the issue here was presented. The parties were only able to find few mostly unpublished trial court cases. One, J.F. v. D.F., 160 N.Y.S.3d 551 (N.Y. Sup. Ct. 2021), is particularly inapt, in that the child there was old enough to express her desire to be vaccinated.
Dismissing the father’s concern as “wait and see what further research demonstrates on both the efficacy of the vaccine and the impact of both short and long-term side effects;” the Court there used hyperbole that the father’s position was, “untenable, when the specter of a killing or incapacitating disease is swirling in the environment surrounding this young girl.” This statement ignores the fact that young people are at practically zero risk of serious illness or death from Covid. The covid-19 vaccines are also non-sterilizing, and do not prevent transmission.
Another case is unpublished: Richmond v. Natanson (No. FD-14-49-15, Superior Court of New Jersey, June 24, 2022). In that case, the Court heard from both parents, as well as expert witnesses for both. The trial judge made extensive findings of fact based upon the relevant 11 factors for the best interests of the child under New Jersey law. First, the Court found that many of the factors did not skew either way; both parents were fit and cooperative and in agreement with all medical decisions except the COVID-19 vaccine. In finding that the child should be vaccinated, the Court relied heavily on the following facts: that the “continuity and quality of the minor child’s education would be disrupted by virtual learning, which would be more likely to occur if the minor child is unvaccinated.” Also, the Court found the minor child’s daily life would be adversely affected if she remained unvaccinated. Most importantly, the Court found that the child had not been previously infected and had no natural immunity. In making that determination, the Court also relied on the testimony of the mother’s expert witness, a professor of pediatrics and infectious diseases, over that of the father’s expert who was in general pediatric practice.
At the close of this case, in Family Court, we noted to the Court that these factors, which led the New Jersey Judge to rule in favor of the vaccine, now skew heavily to the father’s position. First, the Family Court agreed that the father was a fit parent and cooperative and the COVID-19 vaccine issue is the only medical issue on which the parents disagreed. Second, the children here have both had covid and therefore have natural immunity. Moreover, there was no evidence that the children’s unvaccinated status had any effect on their daily living. And finally, the father’s expert demonstrated himself to be far more qualified to opine on the necessity of the vaccine than the children’s rather uninformed pediatrician.
Ultimately, Judge Lanni found none of the cases cited helpful, and ignored them. Yet, she then made no effort to even identify which of the best interests of the child factors favored overruling the father’s reasonable objection to the treatment. While the Rhode Island Supreme Court gives deference to best interests’ determinations made by a trial judge, a parent moving to change custody must, “show by a fair preponderance of the evidence that circumstances had changed such that the placement should be modified in the interest of the children’s welfare and that the change of placement was in the best interests of the children.” Souza v. Souza, 221 A. 3d 371, 377 (R.I. 2019). Where the Family Court fails to make a finding of substantial change in circumstances before considering the best interests of the children, the Supreme Court should reverse.
We maintain the automatic stay granted by the Rhode Island Supreme Court should remain in effect during the appeal where there is no finding that the children will suffer irreparable harm by remaining unvaccinated against COVID-19.
In March of 2022, a Court in Ontario, Canada ruled that a father who had final decision-making authority over medical decisions should not lose that right because he disagreed with the COVID vaccine for his daughter. The Judge noted:
“We are currently in a dynamic and rapidly changing situation in public health advisories concerning the COVID-19 situation, particularly concerning children.” A.M. v. C.D., 2022 ONSC 1516, p. 12 (March 9, 2022).
A year later this statement is truer. The covid-19 pandemic is over. The irrefragable evidence is that these children are at no risk of harm from severe covid-19 illness, that those with natural immunity are at least as protected as those who have had the vaccine, and that there are serious questions as to the harms that the covid-19 vaccine may cause. To the extent the Rhode Island Supreme Court wishes to continue this case to the full briefing calendar, the balancing of risks favors continuing the stay of any administration of the vaccine.
CONCLUSION:
Given the corpus of medico-legal evidence we have amassed, we recommend that the Rhode Island Supreme Court, to rule on behalf of the father, to reverse the decision of the Family Court and dismiss the mother’s motion, or at least place this matter down for full briefing, while maintaining the stay of the lower court decision.
About the authors:
Dr. Andrew Bostom is an academic internist, clinical trialist, & epidemiologist at Brown University Medical School for 24-years (now retired). As an adjunct scholar to the RI Center for Freedom & Prosperity Bostom has been at the forefront of the international effort to raise awareness about the truth of the medical data regarding Covid-19 mandates.
Gregory Piccirilli is a private practice attorney, affiliated with the Flanders Legal Center for Freedom, and has served as primary and local attorney for multiple Covid-19 related civil rights cases.
New Report Blasts Social Studies Standards Proposed by RI Department of Education
/in Blog, Recent Posts/by RI Center for FreedomHow Rhode Island’s Social Studies Standards Teach Radical Activism Instead of America’s Birthright of Liberty
Providence, RI – The Rhode Island Center for Freedom & Prosperity, in partnership with the Civics Alliance, today released a report entitled, “Taken For a RIDE”, which presents a detailed critique of Rhode Island’s Social Studies Standards (Standards) as proposed this past December by the RI Department of Education (RIDE).
The 54-page report, subtitled, “How Rhode Island’s Social Studies Standards Shortchange Students,” documents in detail how Rhode Island’s educational establishment plans to systematically “teach students to hate their country, its history, and its ideals, and to know only distorted tatters of the history of the world,” while also making an argument for substantially modifying or entirely replacing the Standards with a more historically accurate and widely acceptable set of standards.
“The Standards is neither by the people of Rhode Island, nor of the people of Rhode Island—but it nevertheless will be imposed on the people of Rhode Island.”
Released just one day after the Center exposed how RIDE is also pushing an age-inappropriate and over-sexualized K-12 student health curricula, “these incompetent and misguided social studies standards are further evidence that RIDE has proven itself wholly irresponsible and unworthy of the authority granted to it by the General Assembly in 2019,” said the Center’s CEO, Mike Stenhouse. “Lawmakers must repeal that statute, which has been grossly exploited by commissioner Angelica Infante-Greene and her staff.”
The well-documented report, which can be viewed at RIFreedom.org/RIDE, includes dozens of source footnotes, appendices, and links to source documents.
Taken For a RIDE contends that the Standards being proposed to establish Social Studies curriculum for all K-12 public schools in RI improperly de-emphasize historical truths about the founding and development of our country and emphasize instead radical, negative aspects of our history, which could result in students having an incomplete and distorted perception of the United States.
“In the long run, of course, Rhode Island will suffer most because its children will have been educated to hate their country. But the Standards will be quite effective in the short run in degrading every aspect of Rhode Island’s K-12 social studies instruction.”
The report is critical of the content, methodology, and process used by RIDE to create the proposed curriculum guidelines, stating “they have produced a document that is bloated, vague, riddled with errors, distortions, and absences” without the legally required public comment or legislative review.
“Rhode Island’s citizens deserve excellent social studies standards,” said David Randall, report author and Executive Director of the Civics Alliance. “Rhode Island citizens and policymakers should work at once to make all the statutory and administrative changes necessary to make sure that RIDE crafts proper social studies standards for their children – standards that educate Rhode Island’s children to know and to love their American birthright of liberty.”
Alternately, Randall and the Rhode Island Center for Freedom & Prosperity advise that an already established set of curriculum guidelines created and vetted by the Civics Alliance and the National Association of Scholars – American Birthright – should be used as the basis for Social Studies curricula in Rhode Island.
Stenhouse calls upon state legislators to repeal the 2019 law; upon school districts to reject the Standards; and for Rhode Island citizens to insist that RIDE overhaul the guidelines in compliance with the legislation that mandates how the process must be done, including a proper period for public review and comment, before it’s too late.
“Rhode Island parents are encouraged to pressure their local school districts to find a legal way to reject RIDE’s bogus social studies standards and, instead, adopt the well-balanced and historically accurate American Birthright standards, which will appeal to a broad majority of parents and Americans,” concluded Stenhouse.
Joint Publication: The Rhode Island Center for Freedom & Prosperity and the Civics Alliance have issued this report jointly. The Rhode Island Center for Freedom and Prosperity, which is a member of the American Birthright coalition, works to forward the best public policy within the state of Rhode Island. The Civics Alliance works to improve K-12 social studies education nationwide, especially along the model of American Birthright: The Civics’ Alliance’s Model K-12 Social Studies Standards. The two organizations have joined together to produce this report, both to improve social studies standards in Rhode Island and as part of a larger campaign to improve American K-12 social studies education.
Author Biography: David Randall is Director of Research at the National Association of Scholars and Executive Director of the Civics Alliance. He served as Publication Coordinator for American Birthright: The Civics Alliance’s Model K-12 Social Studies Standards (2022). His academic publications include The Concept of Conversation: From Cicero’s Sermo to the Grand Siècle’s Conversation (2018) and The Conversational Enlightenment: The Reconception of Rhetoric in Eighteenth-Century Thought (2019).
Taken For a RIDE
/in Featured/by LarryCenter To Attend Regional Summit on Approaches to Educating the Public and Holding State Government Accountable
/in Blog, Featured, Recent Posts/by RI Center for FreedomCenter to Attend Regional Summit on Approaches to Educating the Public and Holding State Government Accountable Hosted by MassFiscal
Press Conference with Other New England States Scheduled for Tuesday
BOSTON – On Tuesday, January 17, the Massachusetts Fiscal Alliance will host an in person press conference in Boston with Paul Craney of the Massachusetts Fiscal Alliance, Dan Winslow of the New England Legal Foundation, Greg Moore of Americans for Prosperity in New Hampshire, Drew Cline of the Josiah Bartlett Center, Nick Murray of Maine Heritage Policy, Rob Roper and Meg Hanson of the Ethan Allen Institute in Vermont, Mike Stenhouse of Rhode Island Center for Freedom and Prosperity, and Bryce Chinault of the Yankee Institute in Connecticut. Although each of the New England states are very different, the non-partisan organizations are coming together to discuss what unites them, and how they can work together
to advocate for their members and the public.
“After successfully defeating the TCI Gas Tax, which, like the covid vaccine and mask mandates, was a destructive prescription for an over-hyped problem, our regional coalition is set to take on the next agenda-driven, government-contrived, and media-advanced false narrative,” said Mike Stenhouse, CEO of the Rhode Island Center for Freedom & Prosperity. “In Rhode Island, expanding natural gas pipeline capacity, and decoupling our state from RGGI and from California’s coslty and harsh CARB regulations are our Center’s number one energy-related priorities.”
The press conference will begin on Tuesday, January 17 at 11:30 a.m. at a location on Beacon Hill. If you wish to attend, please email pfgangi@massfiscal.org and the location will be provided.
The MassFiscal Alliance advocates for fiscal responsibility, transparency, and accountability in state government and increased economic opportunity for the people of the Commonwealth.
RI Center for Freedom & Prosperity Signs Letter to US House Judiciary to Oppose Title IX Rule Changes
/in Featured/by RI Center for FreedomThe national coalition letter below, which was emailed yesterday to Rep. Jim Jordan, was co-signed by the RI Center for Freedom & Prosperity along with 69 other national and state organizations.
The letter requests that Report Language be added to the Department of Education Appropriations Bill that would bar the DOE from making proposed changes to the 2020 Title IX regulation.
***
Sent via Fax and Email
RE: Request for Report Language in Department of Education Appropriations Bill
December 5, 2022
Representative Jim Jordan
Ranking Member, House Judiciary Committee
2056 Rayburn House Office Building
Washington, DC 20515
Dear Representative Jordan,
The undersigned organizations are writing in support of your letter of November 18, 2022 to the U.S. Department of Education (DOE), requesting that the DOE provide “information and documents concerning the Biden Administration’s misuse of federal criminal and counterterrorism resources to target concerned parents at school board meetings.”
But the misconduct of the Department of Education goes far beyond its efforts to stifle parental involvement in school board meetings.
On June 23, 2022 the DOE issued its proposed Title IX regulation.[1] Among other changes, the DOE seeks to remove numerous due process protections for students accused of Title IX infractions, to curtail free speech on college campuses, to change the definition of “sex” to include “gender identity,” and other changes. In response, 202 organizations, collectively referred to as the Title IX Network, have gone on record in opposition to these changes.[2]
Numerous elected officials have expressed their strong opposition to the proposed regulation, including 21 Representatives and 13 Senators,[3] Senators Roger Wicker, Cindy Hyde-Smith, and 19 others,[4] Rep. Virginia Foxx,[5] Representatives Steve Scalise and Debbie Lesko,[6] Rep. Tulsi Gabbard,[7] 15 Republican governors,[8] and other members of Congress.[9] In addition, the House Republican leadership has gone on record to “Advance the Parents’ Bill of Rights” and “Defend fairness by ensuring that only women can compete in women’s sports.”[10]
The Attorneys General from various states have submitted letters opposing the proposed Title IX regulation, as well:
In addition, the Attorneys General of AL, AK, AZ, AR, GA, ID, IN, KS, KY, LA, MS, MO, MT, NE, OH, OK, SC, SD, TN, and WV have filed an amended lawsuit against the Department of Education to impose a Preliminary Injunction on the draft Title IX regulation.[14]
Because these legal challenges may require several years for complete resolution, Congress needs to restrict the funding for the development of any new Title IX regulation. Therefore, the undersigned 70 organizations are requesting your support to assure that the Appropriations bill for the remainder of the FY2023, as well as the Appropriations bill for FY2024, include this Report Language:
“No funds shall be used for the development or implementation of alterations to the 2020 Title IX regulation, except as necessary to implement court orders.”
We will be happy to meet with you further to discuss our concerns.
Sincerely,
SAVE (Stop Abusive and Violent Environments)
Alexander Hamilton Institute for the Study of Western Civilization
AMAC Action
American Association of Evangelicals (AAE)
American Council for Health Care Reform
American Family Association (AFA)
Americans for Limited Government
America’s Black Robe Regiment
Army of Parents
Awake IL
California Association of Scholars
Catholics Count
Center for Military Readiness
Center for Urban Renewal and Education (CURE)
Child Protection League
Children First Foundation
Christian Leadership Council
Coalition of African American Pastors (CAAP)
Conservative Caucus
Conservatives of Faith
Concerned Women for America Legislative Action Committee
ConservativeHQ.com
Delaware Family Policy Council
Dr. James Dobson Family Institute
Eagle Forum
Eagle Forum of Georgia
Equality for Boys and Men
Family Action Council of Tennessee, Inc.
Fed Up PAC
Frontline Policy Action
Girls Deserve Privacy
Greenwich Patriots
Heritage Action
Katartismos Global
Law Firm of Barry S. Jacobson, Esq
Less Government
Louisiana Family Forum
Louisiana Save Our Schools
Men and Women for a Representative Democracy
Mission America
Moms for Liberty, Loudoun County, Virginia
National Association of Scholars
Nationsnet.org
Nesenoff & Miltenberg LLP
Oklahoma Council of Public Affairs (OCPA)
Ohio Value Voters
Palm Beach Freedom Institute
Project 21 Black Leadership Network
Protect Ohio Children
Push Back Idaho
Radiance Foundation
Rhode Island Center for Freedom and Prosperity
Roughrider Policy Center
Rule of Law Committee
60 Plus Association
Southwest Policy Group
Speech First
Tennessee Eagle Forum
Texas Eagle Forum
Texas Freedom Coalition
Thin Blue Line Caucus
Tradition, Family and Property, Inc
United Against Racism in Education (UARE)
United Families International
Utah Eagle Forum
Utah Freedom Coalition
Virginia Eagle Forum
Wisconsin Family Action
Women for Democracy in America
Worldwide Organization for Women (WOW)
***
CC: House Republican Leader Kevin McCarthy
Republican Whip Steve Scalise
Rep. Kay Granger, Ranking Member, House Appropriations Committee
Rep. Tom Cole, Ranking Member, Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies
[1] https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm.pdf
[2] https://www.saveservices.org/2022-Policy/
[3]https://www.lankford.senate.gov/imo/media/doc/Lankford%20Title%20IX%20Comment%20Letter.pdf
[4] https://www.wicker.senate.gov/2022/7/wicker-hyde-smith-oppose-biden-s-flawed-title-ix-proposal-urge-extension-of-public-comment-period
[5] https://republicans-edlabor.house.gov/news/documentsingle.aspx?DocumentID=408384
[6] https://www.foxnews.com/opinion/fifty-years-title-ix-protect-womens-sports
[7] https://www.iwf.org/2022/06/23/tulsi-gabbard-congress-must-stop-biden-from-undermining-title-ix/
[8] https://www.rga.org/wp-content/uploads/2022/07/Joint-Letter-to-President-Biden-opposing-reinterpretation-of-Title-IX-7.27.2022-new.pdf
[9] https://www.saveservices.org/2022-Policy/
[10] https://www.republicanleader.gov/commitment/a-future-thats-built-on-freedom/#reveal_education
[11] https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Montana%20Coalition%20Title%20IX%20Comment%20FINAL%209.12.22.pdf
[12] https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Title%20IX%20NPRM%20Indiana%20Comment%20Letter%20FINAL.pdf
[13] https://www.saveservices.org/wp-content/uploads/2022/11/AG-Dave-Yost-Comment-Letter-Title-IX-Proposed-Rule.pdf
[14] https://www.k12dive.com/news/20-states-again-ask-court-to-block-ed-depts-policy-that-title-ix-protects/626257/
SAVE TITLE IX: Center Joins National Movement to Protest Biden’s Proposed Rule Changes
/in Featured, Recent Posts/by RI Center for FreedomCenter Joins 130+ Orgs Across America to SAVE Title IX
National movement protests Biden administration’s attempt to re-write federal regulations to punish schools and people that do not affirmatively further transgender ideologies
Cranston, RI – The Rhode Island Center for Freedom & Prosperity has joined with over 130 organizations across the United States in support of the SAVE Title IX national movement to protest new and unpopular mandates on K-12 schools and colleges.
“The Biden Administration’s Proposed Title IX Rule Undermines the Rights of Parents,” said Mike Stenhouse, CEO for the Center. “The Biden Education Department is rewriting federal regulations to require any school that receives federal funds to affirm a child’s gender identity without the approval or knowledge of his or her parents. We believe that parents, not school officials, have the right to teach their children about issues of sex and gender identity.”
For parents and citizens who agree, there is an easy way to make your voices heard by sending an official comment to the US Department of Education; the link to this simple “Title IX Comment Form” can be accessed at the Center’s Action Center, (click here).
The Biden Administration’s Department of Education released on June 23, 2022, their new Title IX regulations which expand its long-standing definition of sex to include “gender identity,” making obsolete the gains made during the Trump Administration.
“The new Title IX policy proposes to expand the biological definition of “sex” to also include “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, said Edward Bartlett, founder of the national SAVE organization, which is leading the national movement. “The proposed Biden Title IX plan also violates many provisions found in state-level campus due process laws.”
PROGRAMMING NOTE: Ed Bartlett was the featured guest Wednesday, July 27, on the video podcast, #InTheDugout with Mike Stenhouse; and can be viewed here on The Ocean State Current website.
A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to not move forward with its Title IX proposal.
According to SAVE, there are 6 major areas where the proposed new rules would violate rights or moral norms:
Center Joins National Civics Alliance to Inspire Reform at State Education Departments
/in Featured, Recent Posts/by LarryIn Honor of July 4 Independence Day and the Upcoming 250th Anniversary of America’s Birthright of Freedom
Cranston, RI – The RI Center for Freedom & Prosperity has joined the The Civics Alliance, a national coalition of organizations and individuals dedicated to improving America’s civics education: The Civics Alliance’s model K-12 social studies standards, American Birthright, was launched yesterday, one week before July 4, to honor Independence Day.
The Civics Alliance wants to inspire America’s state education leaders to provide social studies standards that teach American students their birthright of liberty.
Per Civics Alliance Executive Director David Randall, “Every American student should be educated to be another Harry Truman—a high-school graduate who, without ever graduating from college, has a solid grasp of history and is capable of serving as an officer, a judge, a senator, and president.”
“Here in Rhode Island, our state department of education (RIDE), empowered by enabling legislation in 2019, is forcing local school districts to adopt social studies standards that combine misguided pedagogical theory, low academic standards, and anti-American teachings,” commented Mike Stenhouse, CEO for the Center. “Conversely, American Birthright is an equal opportunity program in that both disadvantaged and better-off students will be exposed to diverse and intensive content standards that fulfill America’s promise of equal educational opportunities for everyone.”
PROGRAMMING NOTE: David Randall will be the featured guest this Thursday, June 30, at 4:00PM EST for an in depth interview on the video podcast, #InTheDugout with Mike Stenhouse and can be viewed at OceanStateCurrent.com/AmericanBirthright.
Too many Americans emerge from our schools ignorant of America’s history, indifferent to liberty, and estranged from their country. We must restore American social studies instruction centered on liberty if we are to restore the American republic to good health.
“Americans of all parties want to take back their schools,” Randall explained. “The Civics Alliance wrote American Birthright to equip governors, state legislators, school boards, and grassroots activists for that fight. Every American needs to know what a proper social studies instruction should be.”
The Civics Alliance crafted American Birthright to teach America’s foundational history of liberty. American Birthright provides the comprehensive content knowledge in history, geography, civics, and economics that schools should teach in each grade from pre-kindergarten through high school, and teaches students to identify the ideals, institutions, and individual examples of human liberty, individualism, religious freedom, and republican self-government; assess the extent to which civilizations have fulfilled these ideals; and describe how the evolution of these ideals in different times and places has contributed to the formation of modern American ideals.
Above all, American Birthright teaches about the expansion of American liberty to include all Americans, the contributions that Americans from every walk of life have made to our shared history of liberty, and America’s championship of liberty throughout the world. Students will learn of heroes of liberty such as Abraham Lincoln, Susan B. Anthony, Martin Luther King, Jr., and Ronald Reagan.
American Birthright adapts material from several sources that did a particularly good job of providing structure and content for social studies instruction. The largest source of American Birthright is the 2003 Massachusetts History and Social Sciences Curriculum Framework.
A distinguished panel of Expert Consultants worked on American Birthright; and the American Birthright coalition includes a large number of organizations and individuals, including many state policymakers. (See Who We Are.) The policymakers who have joined the American Birthright coalition include Lieutenant Governor Mark Robinson of North Carolina, Senator Rob Sampson of Connecticut (Assistant Minority Leader), Representative Don Jones of Ohio (Majority Whip), and Representative Garry R. Smith of South Carolina (Chairman, House Operations and Management Committee). Among the organizations who have joined the coalition are the Claremont Institute and the Eagle Forum, individuals include Victor Davis Hanson and Christopher Rufo.
Randall added, “The Civics Alliance crafted rigorous standards to make it straightforward for policymakers to create equally rigorous equivalents with different priorities, whether by abbreviating some topics, expanding others, or adjusting the course sequences. States and school districts should and will modify American Birthright in detail.”
State policymakers should accompany K-12 social studies standards modeled on American Birthright with legislation to ensure that public K-12 schools provide proper social studies instruction, such as the bills in the Civic Alliance’s Model K-12 Civics Code. Americans need to make sure the content in reformed social studies standards reaches students in the classroom.
Proper social studies standards are a linchpin in the work to educate a new generation of Americans who understand and appreciate their nation’s past and who respect and are prepared to sacrifice for their country. American children should be equipped to continue the work bequeathed to them by the Founders—to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. The Civics Alliance offers American Birthright to help its fellow Americans to craft the standards, the curricula, the textbooks, and the lessons that will sustain our republic and our nation.
The Ocean State Current Launches its “Election Waves” Interview and Debate Series
/in Featured, Recent Posts/by RI Center for FreedomLaunch of “Election Waves” Interview and Debate Series
Candidates for Coventry School Committee Special Election Featured
Ron St. Pierre and Ken Block headline debate moderators
Cranston, RI – Which candidates are making waves in the Ocean State? The nonpartisan Ocean State Current announced today that it will broadcast the first of its series of Election Waves interviews and debates tonight at 7:00 PM EST at OceanStateCurrent.com/CoventryD1.
Featured this evening will be the Coventry District-1 School Committee May 3 Special Election. Candidates Ana Isabel dos Reis-Couto and Bethany Chatterley join Mike Stenhouse for back-to-back 1-on-1 interviews on a special election-year version of his popular In The Dugout podcast.
The goal of Election Waves is to encourage more informed participation by citizens in the upcoming election process.
Former radio personality and station executive Ron St. Pierre will anchor the debate moderator team and will be regularly joined by:
Mike Stenhouse will conduct 1-on-1 interviews on his In The Dugout video podcast.
The Current believes candidates for public office deserve an opportunity to inform voters of their policy positions. An open invitation is extended to all federal, state, General Assembly, and school committee candidates; interested candidates can request an interview by sending an email to OceanStateCurrent@RIFreedom.org from the email address listed on their official Board of Elections filing.
In order to comply with IRS tax-exempt nonprofit guidelines, the RI Center for Freedom & Prosperity (operator of The Ocean State Current) will remain impartial and nonpartisan when it comes to candidates and elections. The Center and The Current never support or oppose any political candidate.
For more information on The Current’s Election Waves policies, go to OceanStateCurrent.com/ElectionWaves.
Only on The Current. The Ocean State Current is rapidly becoming the trusted source for issues that are important to Rhode Island families at OceanStateCurrent.com
With one of the most technologically advanced websites in the industry, The Current offers text-to-audio translation for posts for easy mobile listening, automatically pulls posts from select content partners, features an advanced and easy search capacity, and displays a unique Watch, Read, and Listen layout.