The Control Group Litigation

Update December 6, 2022
Case closed

Federal Case Outcome

Rather than atone for Jacobson v. Massachusetts, on October 3, 2022 the US Supreme Court denied The Control Group’s petition for writ of certiorari. And on December 5, 2022 the Court denied rehearing. So this health freedom case is now closed, because four Supreme Court Justices were unwilling to come together to hear our case to provide a civil remedy for the American people against Big Pharma and government vaccine mandates.

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

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

Practical Solutions and Next Steps

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

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

Share The Evidence

Share Joy Garner’s peer-reviewed study proving the unvaccinated are exponentially healthier.

Share our video proving the unvaccinated are exponentially healthier.

Share our case documents proving the unvaccinated are exponentially healthier:

Case Documents

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

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

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

All Court Documents Filed

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

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

  1. Motion for Judicial Notice, with Memorandum of Points and Authorities
  2. Appendix One (detailing the national health pandemic of chronic illness)
  3. Appendix Two (detailing that vaccines are dangerous)
  4. Appendix Three (detailing the foreign supply of vaccines)
  5. Appendix Index
  6. Exhibits: Volume 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
  7. Proposed Order

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

  1. Notice of Motion
  2. Amended Notice of Motion
  3. Memorandum of Points and Authorities
  4. Expert Declarations: Dr. Pebsworth, Dr. Kimmel, Dr. Hulstedt, Dr. West, Dr. Hoang
  5. Petitioner Joy Garner Declaration
  6. Proposed Orders: Option One, Two, Three

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

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

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

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

F. District Court — Dismissal (February 2021)

  1. Court Order

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

  1. Appellate Brief
  2. Court Order

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

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

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

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

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

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

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

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

Litigation History

Health Freedom Litigators
Greg Glaser & Ray Flores
Meet the Lead Plaintiffs
3 Generations of Garners

Read Joy Garner’s survey reports here:
Summary Report, Full Report, National Security Report.


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

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

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

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

76 thoughts on “The Control Group Litigation”

    2. In 2005 I was multi vaccinated prior to a business trip to Sudan, stupidly believing vaccines did protect by boosting immunity. Within 10 days my fingers on my right hand started tingling, my doctor upon return told me I was border line diabetic and offered me medication. Metformin and Glipizide have been taken daily ever since. Only in 21 I put 2 and 2 together and realized this was a vaccine induced scenario, thank you Covid 19 I have never seen such a mass bombardment of the human mind promoting this not so normal vaccine and witnessed the world act in the way their political leaders and so say health care industry go full in, I resisted and have not went there. But I’m angry, with the realization our government were coerced into doing what they have done to us at this stage. Sign me up to support your cause, this money making sham industry must be halted for the sake of humanity and our future generations, thanking you for your efforts, DOJ is a very corrupt organization they fund33 bio labs in Ukraine and a further 330 + bio labs in many other countries outside the US, Black and Vietch are their operators. None of them are doing anything good.

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      1. My husband was borderline diabetic, he changed his diet drastically, got regular exercise and his Ha1C is totally normal now.

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  4. I got one as a father have never ever been presented with an informed consent form advising me of all the dangerous side effects of any vaccine a physician gave my children!
    I found out how dangerous they were after having 3 children that all experienced bad side effects from eczema allergies,asthma,
    Seizures etc.
    I did not let my children have anymore vaccines after I figured out I was hurting them.
    My grandson is 2 years 9 months old and has never had a vaccine and he is by far the healthiest child as well as the smartest child I have seen!
    All my children are very smart but my grandson has been having intelligent conversations for quite some time now!
    He knows all his abc’s he counts to twenty and he can damn near read already.

    Vaccines are toxic and should never ever be mandated!

    Our Constitution does not allow our government to mandate them period!
    We are gauranteed life Liberty and the pursuit of happiness without government interference in our lives !
    We are gauranteed the right to privacy the right to work!
    No employer has a right to require anyone take vaccines period but especially when the vaccine companies have Indemnity!!!

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  5. Thanks for your hard work. Great job. I’d stick to just medicine as a topic and drop all political terms and references: Trump, election, Communist, Chinese Communist Party, nefarious aims of China. I’d stick to Vax injuries, and vaxxed unvaxxed studies. You will lose support using these highly emotionally charged terms. Keep it research based science. Reliable methods. Valid outcomes. All the best. Thx for ur work! Dan McGraw, EdD.

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    1. Our evidence packages fully support the allegation that most vaccine ingredients are sourced from communist China, a hostile foreign power. It is the government’s present claim of communist control over “public health” (which they defend under the “general welfare” clause, and which the collectivists/Marxists support) that has led to vaccine mandates. If you support communism, you support vaccine mandates. It is not “political” to oppose communist dictatorship over our medical decisions. This is supposed to be a “free” Constitutional Republic. It would be simpler if people who prefer communism moved to a communist country. Attempting to turn this Republic into a communist country, via attempts to censor the speech of those who speak out against such a government model, is most unhelpful to our battle to end medical tyranny.

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      1. Thank you for your tenacity to save our COUNTRY FROM COMMUNISTS CONTROL! Too many people are in the dark about this even though it is all occurring in plain view, particularly in the last two years! That is why people are fleeing CA, NY IL to states where there is still some semblance of freedom from govt tyranny!!! Your work is greatly appreciated!!!

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  6. Thank you so much for putting this information together. What a great resource. Facing pressure to get the CV jab and it really helps to know as much evidence as possible.

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  7. I’m so grateful that you put all of this information together!! I’m sharing it with everyone I know!! Thank you!!

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  8. I am a registered nurse and they are coming for us hard in Delaware. I will not get the vaxx, but how do I protect myself from loosing my career?

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  9. I love my job. And I found out today that the company I work for might follow these stupid mandates from biden. I do not want to take this vaccine. And I DO NOT WANT TO LOSE MY JOB. I live in Hawaii, it is very expensive to live here. I can’t afford to lose my job. And I don’t have the money to hire a lawyer. What can I do to stop my company from forcing me to take this vaccine? Can anyone give me some information on how I should handle my situation?

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  10. Hi, having just read the ‘Survey Summary Report’, aka ‘Summary & Guide To: The Control Group Pilot Study’ found it well written and accessible, so upfront want to thank Joy Garner and all contributors.

    However on attempting to view some of the url links, discovered that whatever program was used to convert the originally formatted documents to pdf (as well as those of the ‘Survey Full Report’ and the ‘National Security Report’, being the only three checked) that it failed to generate an OCR layer, despite generating some form of pseudo characters recognition, allowing text to be highlighted, but not copied to clipboard, or otherwise searched.

    And attempting to resolve this by re-scanning the document to apply a new OCR layer (using https://tools.pdf24.org/en/ocr-pdf) also failed, so perhaps the best or only solution (other than having the original format documents reconverted to pdf using a different program, able to generate proper OCR layers) would be to convert the pdf’s to image files, recompile them into pdfs, then scan those to apply an OCR layer from scratch, which in any case, may be the only solution for end users (3rd parties) to resolve it.

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  11. We The People Hate Team Devil. Team Devil is going to put us in Concentration Camps in 2023 in America. Look up on Google. Type Concentration Camps in America 2019 List.

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  12. I am the father of a 3 and a half year old daughter. How do you recommend I convince her mother that we should abandon any futher vaccines. She was just diagnosed with autism and she’s also had a lot of ear infections, but her mother is under the spell still. HELP!!

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