Amicus Curiae Brief — Paul Thomas, Petitioner v. Kathleen Harder, et al.

NO. 24-752

In the

Supreme Court of the United States

PAUL THOMAS, M.D.,

Petitioner,

v.

KATHLEEN HARDER, M.D., ET AL.,

Respondents.

__________________________

On Petition for a Writ of Certiorari to the

United States Court of Appeals for the Ninth Circuit

BRIEF OF AMICUS CURIAE

THE NATIONAL HEALTH FEDERATION

IN SUPPORT OF PETITIONER

Scott C. Tips

Gregory J. Glaser

P.O. Box 288

Mossyrock, WA 98564

(626) 357-2181

sct@thenhf.com

Counsel of Record

4399 Buckboard Drive, #423

Copperopolis, CA 95228

(925) 642-6651

greg@gregglaser.com

February 13, 2025

SUPREME COURT PRESS

Counsel for Amicus Curiae

♦

(888) 958-5705

♦

BOSTON, MASSACHUSETTS

i

TABLE OF CONTENTS

Page

TABLE OF AUTHORITIES ....................................... ii

AMICUS BRIEF RE INFORMED REFUSAL ........... 1

IDENTITY AND INTEREST OF

AMICUS CURIAE ................................................ 1

SUMMARY OF ARGUMENT .................................... 1

ARGUMENT ............................................................... 2

A. Glorified Trade Guilds ..................................... 2

B. Paul Thomas is the Trillion Dollar Man ......... 3

C. If a Lawyer Wore the Shoes of Dr. Thomas .... 6

D. Fabric of American Society Depends Upon

This Fundamental Law and Ethic .................. 9

E. First Do No Harm .......................................... 10

CONCLUSION.......................................................... 11

ii

TABLE OF AUTHORITIES

Page

STATUTES

TABLE OF AUTHORITIES

21 U.S.C. § 360j......................................................... 10

28 U.S.C. § 2201........................................................... 6

Cal. Civ. Code § 3523 .................................................. 6

Cal. Health & Saf. Code § 24170 .............................. 10

Cal. Health & Saf. Code § 7186.5 ............................... 9

Cal. Probate Code § 4606............................................ 9

Minn. Stat. Ann. § 12.39............................................. 9

REGULATIONS

45 C.F.R. § 46.116 ...................................................... 10

OTHER AUTHORITIES

Alliance for Natural Health,

Secretive Trade Group Moving Against

Natural Medicine? (2016). https://anh-usa.

org/secretive-trade-group-moving-againstnatural-medicine/ ................................................ 2

Buescher AVS, et al.(2014),

Costs of Autism Spectrum Disorders in the

United Kingdom and the United States.

JAMA PEDIATR. 2014;168(8).

doi:10.1001/jamapediatrics.2014.210.

https://jamanetwork.com/journals/

jamapediatrics/fullarticle/1879723 ..................... 4

iii

TABLE OF AUTHORITIES – Continued

Page

CDC,

Data and Statistics on Autism Spectrum

Disorder. (May 16, 2024). https://www.cdc.

gov/autism/data-research/index.html ................. 4

Fava GA,

Preserving intellectual freedom in clinical

medicine. PSYCHOTHER PSYCHOSOM 78

(2009). https://pubmed.ncbi.nlm.nih.gov/

18852496/ ............................................................. 8

FDA,

Protection of Human Subjects; Informed

Consent. SCIENCE AND RESEARCH (2019).

https://www.fda.gov/science-research/

clinical-trials-and-human-subjectprotection/protection-human-subjectsinformed-consent ............................................... 10

Hooker, B. and Kennedy, R.,

Vax-Unvax: Let the Science Speak.

Children’s Health Defense (2023) ....................... 5

Hooker, B., et al. (2020),

Analysis of health outcomes in vaccinated

and unvaccinated children:

Developmental delays, asthma, ear

infections and gastrointestinal disorders.

SAGE Open Med. 2020 May 27;

8:2050312120925344. https://pubmed.

ncbi.nlm.nih.gov/32537156/ ................................ 5

iv

TABLE OF AUTHORITIES – Continued

Page

Kempen, PM (2016),

The Influence of the Federation of State

Medical Boards (FSMB) on State Medical

Boards. JOURNAL OF AMERICAN

PHYSICIANS AND SURGEONS, Volume 21,

Number 1, Spring 2016. https://www.

jpands.org/vol21no1/kempen.pdf ........................ 2

Lenzer J,

Centers for Disease Control and

Prevention: protecting the private good?

BMJ 350: h2362 (2015). https://www.bmj.

com/content/350/bmj.h2362 ................................ 8

Medical Board of California,

Disciplinary Actions/License Alerts.

(2025). https://www.mbc.ca.gov/Resources/

Publications/Alerts.aspx ..................................... 2

Murguia, M., Chief Judge,

Amended Order Regarding Masking,

Vaccination, and COVID-19 Self

Certification. (December 21, 2021). https://

cdn.ca9.uscourts.gov/datastore/general/

2021/09/14/Vaccination-Order.9-14-21.pdf ......... 7

Ogunwole, S, et al.,

Population Under Age 18 Declined Last

Decade. U.S. Census Bureau. (2021).

https://www.census.gov/library/stories/

2021/08/united-states-adult-populationgrew-faster-than-nations-totalpopulation-from-2010-to-2020.html ................... 4

v

TABLE OF AUTHORITIES – Continued

Page

Panagioti M, et al. (2018),

Association Between Physician Burnout

and Patient Safety, Professionalism, and

Patient Satisfaction: A Systematic Review

and Meta-analysis. JAMA INTERN MED.

2018; 178(10). doi: 10.1001/jamaintern

med.2018.3713. https://jamanetwork.com/

journals/jamainternalmedicine/fullarticle/

2698144. ............................................................. 10

Smith R,

Medical journals are an extension of the

marketing arm of pharmaceutical

companies. PLoS Med 2(5) (2005). https://

journals.plos.org/plosmedicine/article?id=

10.1371/journal.pmed.0020138 ........................... 9

Tereskerz PM, et al.,

Prevalence of industry support and its

relationship to research integrity. Account

Res 16(2) (2009). https://www.ncbi.nlm.

nih.gov/pmc/articles/PMC2758529/ .................... 8

Weiler: Lyons-Weiler, J. and Thomas, P.

(2020),

Relative Incidence of Office Visits and

Cumulative Rates of Billed Diagnoses

Along the Axis of Vaccination. INT. J.

ENVIRON. RES. PUBLIC HEALTH 2020,

17(22); https://pubmed.ncbi.nlm.nih.gov/

34360528/ ............................................................. 3

1

AMICUS BRIEF RE INFORMED REFUSAL

IDENTITY AND

INTEREST OF AMICUS CURIAE1

Amicus Curiae the NATIONAL HEALTH FEDERATION

(NHF) was established in 1955. The NHF is the oldest

health-freedom nonprofit organization in the world.

Based in California and Washington, the NHF works

to protect and enhance the health and health freedoms

of individuals around the world.

SUMMARY OF ARGUMENT

Petitioner Paul Thomas, MD is credible, likeable,

published, and has over 500,000,000 views on his

YouTube channel where he questions vaccines and

features non-pharma options for families. His influence

is the most likely reason his license was targeted by

Respondents.

The lower court rulings should have considered

that State Medical Boards target physicians (like

Petitioner) who credibly publish data regarding the

superior health of the unvaccinated. State Medical

Boards are notorious for promoting pharmaceutical

1 No counsel for a party authored this amicus brief in whole or

in part, and no person other than amicus, its members, or its

counsel made a monetary contribution to fund the production of

the brief. Both parties received timely notice of this filing.

2

interests, at the behest of a private group called the

Federation of State Medical Boards (FSMB).

The medical licensing system is broken for

holistically-aligned doctors like Paul Thomas, yet

financially lucrative for doctors who sell every vaccine.

This lawsuit is a symptom of the Medical Board’s drug

addiction that should be exposed in court (not dismissed on standing) so it can be redressed after discovery.

ARGUMENT

A.

Glorified Trade Guilds

Medical boards have effectively become glorified

trade guilds that wield State power to protect their

own2 — doctors committing ethical violations daily

(such as overprescribing drugs and sexual advances

toward patients) who routinely receive only probation.3

2 For an exemplary report from fellow amicus curiae, exposing

bias among State Medical Boards and the Federation of State

Medical Boards, see: Kempen, PM (2016) The Influence of the

Federation of State Medical Boards (FSMB) on State Medical

Boards. JOURNAL OF AMERICAN PHYSICIANS AND SURGEONS,

Volume 21, Number 1, Spring 2016. https://www.jpands.org/

vol21no1/kempen.pdf. See also, Alliance for Natural Health (2016),

Secretive Trade Group Moving Against Natural Medicine? https:

//anh-usa.org/secretive-trade-group-moving-against-naturalmedicine/ (“The organization has demonstrated its antipathy

toward natural health since the mid-1990s, when it discussed

altering the definition of health fraud to include alternative medical care!”)

3 Medical Board of California (2025). Disciplinary Actions/License

Alerts. https://www.mbc.ca.gov/Resources/Publications/Alerts.aspx.

3

Meanwhile, holistically-aligned doctors like Petitioner

are disproportionately targeted for license revocation.

The glorified trade guild in Oregon observed

Petitioner Paul Thomas MD credibly improved health

without vaccines because Dr. Thomas published his

results (implicating pharma) in a respectable journal

on PubMed.gov. In the guild’s secularized view of

medicine, it was an offense for Dr. Thomas to reject

vaccination. So the Oregon guild vindictively stripped

his license. This abuse of power only makes sense in a

failed system that rewards childhood trauma.

Discovery would also likely show who pushed for

retraction of Dr. Thomas’ paper on PubMed.gov that

coincided with the Oregon license revocation,4 as the

retraction has the hallmarks of political influence

rather than any scientific basis whatsoever. The court

is an appropriate forum for airing this scandal among

litigants and witnesses.

B.

Paul Thomas is the Trillion Dollar Man

Dr. Thomas is the first credible pediatrician to

ever publish a meticulously maintained medical record

data set for an entire health clinic (thousands of children)

comparing vaccinated and unvaccinated. Other physicians could do it, but Dr. Thomas is the only physician

who did do it.

Only days after publication, and without a due

process hearing, the medical board removed Dr. Thomas’

license to practice medicine, and demanded he stop

4 Weiler: Lyons-Weiler, J. and Thomas, P. (2020) Relative Incidence

of Office Visits and Cumulative Rates of Billed Diagnoses Along

the Axis of Vaccination. INT. J. ENVIRON. RES. PUBLIC HEALTH

2020, 17(22), 8674; https://pubmed.ncbi.nlm.nih.gov/34360528/.

4

publishing his data. Why? Because his clinic’s data

proves unvaccinated children are exponentially healthier. His clinic data even shows vaccines cause autism.

The data is so damning on medical causation it proves

American children should be due trillions of dollars in

damages.

Let’s crunch the numbers. Per the US Census,

there are currently 73.1 million minors (under age 18)

in the United States.5 The autism rate among them is

1 in 36, so that means 2,030,550 autistic children in

the US currently.6 The average cost to provide lifelong

healthcare and special services for an autistic child in

the United States is estimated to be around $2.4

million.7

$2,400,000 x 2,030,550 children

= $4,873,320,000,000 (over $4T).

And that’s just for the current children. And that’s just

one condition: autism.

Now, consider if we include the other spiked conditions of the vaccinated, such as cancer, heart disease,

autoimmune disease, diabetes, etc. See e.g., Hooker, B.,

et al. (2020). Analysis of health outcomes in vaccinated

5 Ogunwole, S, et al. (2021). Population Under Age 18 Declined

Last Decade. U.S. Census Bureau. https://www.census.gov/

library/stories/2021/08/united-states-adult-population-grewfaster-than-nations-total-population-from-2010-to-2020.html.

6 CDC (May 16, 2024). Data and Statistics on Autism Spectrum

Disorder. https://www.cdc.gov/autism/data-research/index.html.

7 Buescher AVS, et al. (2014). Costs of Autism Spectrum Disorders

in the United Kingdom and the United States. JAMA PEDIATR.

2014;168(8):721–728. doi:10.1001/jamapediatrics.2014.210. https:

//jamanetwork.com/journals/jamapediatrics/fullarticle/1879723

5

and unvaccinated children: Developmental delays,

asthma, ear infections and gastrointestinal disorders.

SAGE Open Med. 2020 May 27; 8:2050312120925344.

https://pubmed.ncbi.nlm.nih.gov/32537156/. See also

the book by the same author and Robert F. Kennedy,

Jr.8

If the truth is recognized that vaccines permanently injure so many people for life, then compensation becomes impossible unless systems are created to

redefine “compensation” and reduce the cost of healthcare by foregoing the current paradigm.

Thus, Dr. Thomas unknowingly became the Trillion

Dollar Man.

And that is the context here — Petitioner Paul

Thomas, MD is an existential threat to the current

paradigm of Big Pharma.

Dr. Thomas is a kind and gentle soul, in person

and online where he shares insights on medicine, folk

wisdom, and life. His popular YouTube videos show

parents how to understand common childhood issues,

like how to remove a ball of earwax (over 13M views

and counting!). The videos are helpful and engaging.

He is a family man and his patient families and community love him. His parents were American Christian

missionaries. He grew up in Africa as the only White

boy in his classes. After returning to America, he

attended a top medical school and published a medical

book with Random House. He is a legitimate expert,

and his story reaches hearts and minds.

8 Hooker, B. and Kennedy, R. (2023). Vax-Unvax: Let the Science

Speak. Children’s Health Defense.

6

As discovery in this case would have addressed,

Dr. Thomas’ credibility is why he was targeted by the

Oregon Medical Board, at the behest of the private

trade group FSMB.

Observe this good doctor and you will see why the

pharma-aligned institutions targeted him for removal. He is dangerous to the enemies of children.

C.

If a Lawyer Wore the Shoes of Dr. Thomas

If what happened here to Paul Thomas, MD

happened to an esteemed lawyer, the judiciary would

diligently provide a remedy.

For example, imagine our esteemed lawyer labors

daily to safeguard children from gender transition

surgery. He publishes his observation in a law review

journal with vetted data showing his clients who

forego surgery enjoy better lives according to objective

standards. Simply because certain State Bar members

believe in gender transition, the lawyer is immediately

disbarred by emergency decree. No hearing. The lawyer (now disbarred) petitions his State Bar (in the

bar’s administrative forum) for return of his license

(his property interest). The lawyer states his objective

observation that his clients who forego the surgery are

healthier than his clients who reject it. The Bar rejects

him, the lower courts defer to the Bar. But our esteemed

lawyer doesn’t give up hope. He was taught in law

school, “For every wrong there is a remedy.” California

Civil Code section 3523. And he remembered 28 U.S.C.

section 2201 (“Creation of a remedy”), along with knowing his many constitutional rights, so he sues the Bar

members individually. The case is dismissed quickly on

the grounds of “immunity.”

7

Is our system of justice really so constructed that

a professional who successfully improves the lives of

natural children must be sacrificed for bucking Big

Pharma?

Already, things do not look good for the judiciary

in the wake of Covid. Despite many civil petitions and

opportunities, the federal judiciary failed to protect

countless Americans from vaccine mandates and

other slavish Covid rules such as mandatory testing

and masks. Some federal courts (such as the Ninth

Circuit)9 even mandated vaccines for employees and

in person litigants. All the while, the federal courts

were denying constitutional cases on the grounds of

“lack of standing”. If any lessons have been learned

here by the judiciary, the instant case is a fine one to

apply those lessons in a constitutional context.

While the federal courts do great work to protect

some of our most cherished constitutional rights

(especially recently with free speech), the unvaccinated

have the right to ask, respectfully: what is it that you

actually do here SCOTUS? Or, what have you done

for the unvaccinated other than approve unbridled

authority of bureaucrats to mandate drugs? This Court

has not protected the unvaccinated directly, nor protected the doctors who protect the unvaccinated from

government overreach. So, is there really no remedy

for Dr. Thomas?

Just like symptoms recur in a sick patient until

the root is healed, certiorari should be granted here

9 Murguia, M., Chief Judge (December 21, 2021). Amended Order

Regarding Masking, Vaccination, and COVID-19 Self Certification.

https://cdn.ca9.uscourts.gov/datastore/general/2021/09/14/

Vaccination-Order.9-14-21.pdf.

8

because this case is a symptom that exposes a root

cause, and that is what should be addressed. The

FSMB ultimately works to advance Big Pharma. If

our State Bars for lawyers were so captured by a trade

group, we lawyers would sue (for the hammer ever

sees the nail) and drive our case through. Here, Paul

Thomas MD was denied that opportunity to conduct

discovery and utilize the judicial process. His lack of

access to the courts weakens the country, as we are

besieged with threats from Big Pharma (from biased

journals10 to the next vaccine scheme layered atop the

last one).

10 See e.g., Lenzer J (2015). Centers for Disease Control and

Prevention: protecting the private good? BMJ 350: h2362. https:/

/www.bmj.com/content/350/bmj.h2362 (“The CDC’s image as an

independent watchdog over the public health has given it

enormous prestige, and its recommendations are occasionally

enforced by law. Despite the agency’s disclaimer, the CDC does

receive millions of dollars in industry gifts and funding, both

directly and indirectly, and several recent CDC actions and recommendations have raised questions about the science it cites,

the clinical guidelines it promotes, and the money it is taking.”);

Tereskerz PM, et al. (2009). Prevalence of industry support and

its relationship to research integrity. Account Res 16(2); 78-105.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2758529/ (“Our

data demonstrate that senior-level investigators who responded

to the survey received a wide variety of industry-sponsored support which is important for their careers, and that industry support of research and researchers is pervasive in the clinical and

research departments of top U.S. research institutions.”); Fava

GA (2009). Preserving intellectual freedom in clinical medicine.

PSYCHOTHER PSYCHOSOM 78: 1-5. https://pubmed.ncbi.nlm.nih.

gov/18852496/ (“For a pharmaceutical company, delaying or

minimizing knowledge of a side effect of a medication has cash

value. Similarly, not publishing negative studies may shift the

balance of subsequent meta-analysis.”); Smith R (2005). Medical

journals are an extension of the marketing arm of pharmaceutical

companies. PLoS Med 2(5): e138. https://journals.plos.org/

9

Perhaps the remedy for a doctor like Paul Thomas

is to use his voice to change the system. But his voice

is scientific and for certain matters requires a medical

license (for his data is patient files within a medical

clinic).

D. Fabric of American Society Depends Upon

This Fundamental Law and Ethic

Petitioner should be allowed discovery into his

allegation that the Oregon Medical Board (and FSMB)

are working directly to undermine informed refusal of

vaccination.

Informed refusal law is fundamental and necessary.

It is integrated across scientific and legal disciplines,

such that the fabric of American society depends upon

this fundamental law and ethic.

All States have statutorily codified informed refusal

in some manner.11 Some states have codified the right

to be free of human experimentation.12 And Federal

plosmedicine/article?id=10.1371/journal.pmed.0020138 (“Journals

have devolved into information laundering operations for the

pharmaceutical industry”.)

11 California Health and Safety Code recognizes the individual’s

right to refuse medical treatment via written declaration under

the Natural Death Act. See CAL. HEALTH AND SAFETY CODE

§ 7186.5. The California Probate Code also recognizes this right

through a written Durable Power of Attorney. See CAL. PROBATE

CODE § 4606. 11 The State of Minnesota codified that even in a

public health emergency, “individuals have a fundamental right

to refuse medical treatment, testing, physical or mental examination [and] vaccination.” See MINN. STAT. ANN. § 12.39 (West

Supp. 2010–11).

12 See, e.g., California’s Protection of Human Subjects in Medical

Experimentation Act, which refers to The Nuremberg Code of

10

statutory and regulatory requirements for clinical trials

uphold the ethic.13

Scientific studies require informed refusal as well.

Prior to conducting a scientific study, the standard

scientific process is to provide a written procedure for

informed consent, which is a recognized requirement

in the IRB approval process.14

E.

First Do No Harm

The physician’s oath to ‘first do no harm’ is fundamental. As the truth about vaccination injury becomes

increasingly known, society will likely see an increase

in physician suicide, because that is a predictable

consequence statistically when doctors realize they have

committed medical error.15

This situation can be remedied. Healing can

happen, but first we have to want to heal.

Ethics in Medical Research at CAL. HEALTH AND SAFETY CODE

§ 24170 et seq.

13 See, e.g., 21 U.S.C. § 360j (“assure that informed consent will

be obtained from each human subject (or his representative) of

proposed clinical testing involving such device”); FDA, Protection

of Human Subjects; Informed Consent. SCIENCE AND RESEARCH

(2019). https://www.fda.gov/science-research/clinical-trials-andhuman-subject-protection/protection-human-subjects-informedconsent

14 See, e.g., 45 C.F.R. § 46.116 (“General requirements for informed

consent”).

15 See e.g., Panagioti M, et al. (2018), Association Between

Physician Burnout and Patient Safety, Professionalism, and

Patient Satisfaction: A Systematic Review and Meta-analysis.

JAMA I NTERN M ED. 2018; 178(10):1317–1331. doi:10.1001

/jamainternmed.2018.3713. https://jamanetwork.com/journals/

jamainternalmedicine/fullarticle/2698144.

11

CONCLUSION

Vaccines are dangerous. Institutions are complicit

in concealing the danger, and enriching the perpetrators. Dr. Thomas should be afforded the opportunity to expose in court the corruption, and in the process

regain his license necessary to the proper functioning

of his data collection and scientific publication.

Respectfully submitted,

Gregory J. Glaser

Counsel of Record

4399 Buckboard Drive #423

Copperopolis, CA 95228

(925) 642-6651

greg@gregglaser.com

Scott C. Tips

P.O. Box 288

Mossyrock, WA 98564

(626) 357-2181

sct@thenhf.com

Counsel for Amicus Curiae

National Health Federation

February 13, 2025