September 9, 2021, in a sweeping government order,1 president Joe Biden mandated all U.S. corporations with 100 or extra workers to require COVID vaccination or weekly testing, or face federal fines of as much as $14,000 per violation. Biden additionally ordered companies to present day off to workers to obtain the injections.
Biden can also be requiring all federal workers and federal contractors to get the photographs. For unspecified causes, postal employees and members of Congress and their employees are exempt from the vaccine mandate. Biden didn’t make any exceptions for individuals who’ve already had COVID and recovered, and subsequently have antibodies to the virus.
He additionally mentioned he’d use his “energy as president” towards any governor unwilling to observe the order “to get them out of the best way.”2 Biden could also be biting off greater than he can chew, nevertheless, as a result of as of September 11, 2021, 28 states have been already pushing again towards federal vaccine mandates.3
Many States Vow to Struggle Again Unconstitutional Mandate
The backlash was swift. The Republican Nationwide Committee rapidly introduced they’d sue the Biden administration for issuing an “unconstitutional mandate.” GOP Chairwoman Ronna McDaniel issued an announcement:4
“Joe Biden advised People when he was elected that he wouldn’t impose vaccine mandates. He lied. Now small companies, employees, and households throughout the nation can pay the worth.
Like many People, I’m pro-vaccine and anti-mandate. Many small companies and employees wouldn’t have the cash or authorized sources to battle Biden’s unconstitutional actions and authoritarian decrees, however when his decree goes into impact, the RNC will sue the administration to guard People and their liberties.”
Nebraska Republican Sen. Ben Sasse advised the Day by day Caller:5
“President Biden is so determined to distract from his shameful, incompetent Afghanistan exit that he’s saying loopy issues and pushing constitutionally flawed government orders.
This can be a cynical try to choose a battle and distract from the President’s morally disgraceful choice to go away People behind Taliban traces on the twentieth anniversary of 9/11. This isn’t the way you beat COVID, however it’s the way you run a distraction marketing campaign — it’s gross and the American individuals shouldn’t fall for it.”
In a sequence of tweets, South Dakota Gov. Kristi Noem acknowledged:6,7
“South Dakota will stand as much as defend freedom @JoeBiden see you in courtroom,” and “My authorized staff is standing by able to file our lawsuit the minute Joe Biden information his unconstitutional rule. This gross instance of federal intrusion won’t stand.”
Georgia Gov. Brian Kemp additionally issued an announcement saying he intends to “pursue each authorized choice obtainable” to halt Biden’s “blatantly illegal overreach,” as did Arizona Gov. Doug Ducey, who in a tweet acknowledged:8
“That is precisely the type of massive authorities overreach we have now tried so laborious to stop in Arizona — now the Biden-Harris administration is hammering down on personal companies and particular person freedoms in an unprecedented and harmful method. This can by no means rise up in courtroom.
This dictatorial strategy is mistaken, un-American and can do way more hurt than good. What number of employees shall be displaced? What number of youngsters stored out of lecture rooms? What number of companies fined? The vaccine is and must be a selection. We should and can push again.”
Florida Governments Face Fines if Following Biden’s Order
In Florida, Gov. Ron DeSantis countered Biden’s edict with certainly one of his personal. Any native authorities that makes COVID vaccination a requirement for employment shall be fined $5,000 per violation.9 Throughout a September 13, 2021, press convention, DeSantis mentioned:
“We’re gonna stand for the women and men who’re serving us. We’re going to defend Florida jobs. We aren’t gonna to let individuals be fired due to a vaccine mandate.
You do not simply solid apart individuals who have been serving faithfully over this concern, over what’s principally a private selection on their particular person well being. We can’t let these people be solid apart. We can’t permit their jobs to be destroyed.”
I used to be going to incorporate DeSantis’ speech on this article, but it surely has since been deleted for “violating YouTube’s group pointers.” Think about that, that they’d truly take away a legally elected governor’s opinion on this matter as a result of it violates their authoritarian tyranny.
Biden Is Clearly Out of Authorized Bounds
Biden’s government order is unlikely to face up in courtroom, seeing how federal legislation prohibits the mandating of emergency use merchandise, which by definition are experimental. As famous in a Could 2021 report by The Defender:10
“The underside line is that this: mandating merchandise approved for Emergency Use Authorization standing (EUA) violates federal legislation as detailed within the following authorized notifications.11
All COVID vaccines, COVID PCR and antigen exams, and masks are merely EUA-authorized, not authorized or licensed, by the federal authorities. Lengthy-term security and efficacy haven’t been confirmed.
EUA merchandise are by definition experimental, which requires individuals be given the correct to refuse them. Below the Nuremberg Code, the inspiration of moral medication, nobody could also be coerced to take part in a medical experiment. Consent of the person is ‘completely important.’
Earlier this yr, Mary Holland, Kids’s Well being Protection president and common counsel, and lawyer Greg Glaser acknowledged that federal legislation prohibits employers from mandating EUA COVID vaccines (or EUA COVID-19 exams or masks). Holland and Glaser wrote:12
‘If a vaccine has been issued EUA by the FDA, it isn’t totally licensed and have to be voluntary. A personal occasion, similar to an employer, college or hospital can’t circumvent the EUA legislation, which prohibits mandates. Certainly, the EUA legislation stopping mandates is so specific that there’s just one precedent case relating to an try to mandate an EUA vaccine.’”
Should you’re like most, you’re in all probability pondering, “Effectively, Biden’s government order got here after the U.S. Meals and Drug Administration gave full approval to the Pfizer/BioNTech COVID shot Comirnaty, so the vaccine isn’t beneath EUA.” You’d be partially proper. However principally mistaken.
The Distinction Between Pfizer’s BNT162b2 Shot and Comirnaty
The FDA did certainly give full approval to Comirnaty, however that product isn’t predicted to be obtainable for over a yr. The one Pfizer shot presently obtainable, referred to as BNT162b2, stays beneath EUA. We’ve the FDA to thank for this uncommon and befuddling scenario, however the important thing take-home is that whereas approval has been granted to Comirnaty, that product isn’t obtainable.
The FDA desires BNT162b2 to be seen as interchangeable with Comirnaty, however from a authorized standpoint they clearly usually are not equivalent. BNT162b2, being beneath EUA, is indemnified towards monetary legal responsibility, whereas Comirnaty, as soon as it turns into obtainable, won’t have that legal responsibility protect (until Pfizer/BioNTech handle to get legal responsibility shielding for that product earlier than its launch).
In different phrases, for those who’re injured by the BNT162b2, your solely recourse is to use for compensation from the Countermeasures Damage Compensation Act (CICP).13 Compensation from CICP may be very restricted and laborious to get. In its 15-year historical past, it has paid out simply 29 claims, fewer than 1 in 10.14,15,16
You solely qualify in case your harm requires hospitalization and leads to important incapacity and/or demise, and even for those who meet the eligibility standards, it requires you to make use of up your personal medical health insurance earlier than it kicks in to pay the distinction.
There’s no reimbursement for ache and struggling, solely misplaced wages and unpaid medical payments. This implies a retired particular person can’t qualify even when they die or find yourself in a wheelchair. Wage compensation is of restricted length, and capped at $50,000 a yr, and the CICP’s choice can’t be appealed.
If regular circumstances apply to Comirnaty, have been you to be injured by that injection, you’d be capable of sue for damages beneath the nationwide Vaccine Damage Compensation Plan (VICP),17 so from a authorized perspective, there’s a somewhat important distinction between these two merchandise.
Authorized Notifications You Can Use
In case your employer or college requires you to get a COVID shot, think about using the authorized notifications supplied by the Kids’s Well being Protection authorized staff. The notices inform employers and academic establishments that they’re violating federal legislation.
Three separate notices can be found for obtain from the Children’s Health Defense Legal Resources page;18 one for masks mandates, one for PCR testing and a 3rd for vaccines. There, you can even discover data on request a non secular exemption for COVID-19 vaccine mandates within the office.
Vaccine Mandate Heralds Communist Type Social Credit score System
In a September 13, 2021, episode of Fox Information’ Fox & Buddies, co-host Rachel Campos-Duffy warned that vaccine mandates are “the start of the communist-style social credit score system,” including:19
“Dr. Anthony Fauci is now saying that for those who don’t have the vaccine, you shouldn’t be capable of have air journey. I imply, this occurs in China. In China … for those who don’t agree with the federal government, you’ll be able to’t get on a practice. They block you. They’ve a method to try this, and that is the start of that system the place for those who’re a dissident, for those who don’t agree with the occasion in energy, you’ll be punished.”
Are we speeding towards a social credit score system the place habits is both rewarded or punished based mostly on the whims of these in command of the system? Biden’s refusal to make exceptions for these with pure immunity, who by no stretch of the creativeness really want or profit from a COVID shot, appears to point we’re undoubtedly heading that method.
Giving individuals with pure immunity a well being passport gained’t work for the technocratic elite as a result of the naturally immune aren’t on a vaccine subscription. The entire level of getting a vaccine passport is that you simply lose your freedom each time a brand new booster rolls out. You both get the booster or lose your freedom.
Individuals with pure immunity can’t be roped into this management scheme. What are they going to drive the naturally proof against do in an effort to maintain a legitimate passport? They’ll’t earn money off pure immunity, and so they can’t use it to regulate.
In a September 13, 2021, letter to Biden, Client Manufacturers Affiliation CEO Geoff Freeman listed 19 of fifty questions acquired from its member corporations.20 Amongst these questions is whether or not Biden’s government order contains non secular or medical exemptions, together with exemption because of pure immunity.
As reported by Newsweek,21 particulars of Biden’s plan shall be ironed out by the U.S. Occupational Security and Well being Administration (OSHA), however within the meantime, Freeman referred to as on the Biden administration to deal with a number of the most urgent questions.
OSHA Lets Employers Off the Hook for Vaccine Accidents
Talking of OSHA, in Could 2021, the company quietly revoked22 the requirement23 for employers who mandate the vaccine to report unintended effects as a work-related occasion. By doing so, OSHA relieved itself and employers from having to pay out employees’ comp if an worker is injured by a mandated COVID shot. OSHA tried to justify its choice, stating:
“OSHA doesn’t want to have any look of discouraging employees from receiving COVID-19 vaccination, and in addition doesn’t want to disincentivize employers’ vaccination efforts.
In consequence, OSHA won’t implement 29 CFR 1904’s recording necessities to require any employers to report employee unintended effects from COVID-19 vaccination by way of Could 2022. We’ll reevaluate the company’s place at the moment to find out the very best plan of action shifting ahead.”
Individuals With Pure Immunity Flip to the Regulation
Within the days forward, our justice system is certain to clog up with lawsuits towards employers, colleges and governments alike. Regulation professor Todd Zywicki not too long ago sued24 George Mason College in Virginia over their vaccine mandate, as he has pure immunity. Zywicki mentioned his lawsuit in an August 6, 2021, Wall Avenue Journal commentary.25
His lawsuit identified that folks with pure immunity have an elevated danger of antagonistic reactions to the COVID shot — in response to one examine26 as much as 4.4 occasions the chance of clinically important unintended effects — and that the requirement violates due course of rights, the correct to refuse undesirable medical therapy, and is noncompliant with the Emergency Use Authorization.27
August 17, 2021, George Mason College caved earlier than the case went to trial and granted Zywicki a medical exemption.28 Sadly, the college didn’t revise its common coverage.
Quite a lot of different lawsuits have additionally been filed, together with one by greater than a dozen college students and Kids’s Well being Protection towards Rutgers College in New Jersey,29 and one by six Oregon employees who’re suing the state on grounds that they have already got pure immunity.30 The plaintiffs embrace two corrections officers, an EMT, a medical workplace supervisor, a college bus driver and a particular agent in command of an Oregon Division of Justice investigatory unit.
Jason Dudash, director of the Oregon chapter of the Freedom Basis, which is representing the state workers, accused Oregon Gov. Kate Brown of turning into “power-hungry amid the pandemic.” “The courts should set up a extra logical, science-based strategy,” he mentioned.31
Army Service Members Sue Over Vaccine Mandate
Army service members with pure immunity are additionally suing the Division of Protection, the FDA and the Division of Well being and Human Companies. As reported by The Defender:32
“The lead plaintiffs within the lawsuit, Workers Sergeant Daniel Robert and Workers Sergeant Holli Mulvihill, allege U.S. Sec. of Protection Lloyd Austin ignored the DOD’s personal rules and created a completely new definition of ‘full immunity’ as being achievable solely by vaccination.
In line with the lawsuit, the army’s current legal guidelines and rules unequivocally present the exemption the plaintiffs search beneath Military Regulation 40-562 (‘AR 40-562’), which supplies documented survivors of an an infection a presumptive medical exemption from vaccination due to the pure immunity acquired on account of having survived the an infection …
Dr. Admiral Brett Giroir, HHS assistant secretary, acknowledged in an interview Aug. 24 with Fox Information: ‘So pure immunity, it’s crucial … There are nonetheless no knowledge to counsel vaccine immunity is best than pure immunity. I feel each are extremely protecting.’
But on the identical day, Austin issued a memo mandating the complete Armed Forces be vaccinated, by which he wrote: ‘These with earlier COVID-19 an infection usually are not thought-about totally vaccinated.’
In that memo, plaintiffs allege Austin created a brand new time period and idea, which contradicts the plain language of DOD’s personal rules, long-standing immunology follow, medical ethics and the overwhelming weight of scientific proof relating to this particular virus.
Plaintiffs declare Austin, who isn’t a physician, modified the DOD’s personal regulation with out offering ‘a scintilla of proof to assist it.’ In addition they allege Austin made the regulation change with out going by way of the required rulemaking course of, in violation of the Administrative Procedures Act overview.”
The lawsuit additionally factors out that Pfizer’s Section 3 trials, which is the part by which long-term unintended effects are detected, gained’t be accomplished till 2023. Furthermore, the lawsuit highlights the truth that Pfizer unblinded the 2 cohorts in the course of the trial and eradicated the management group by providing the true “vaccine” to all controls.
In so doing, Pfizer turned the examine from a placebo-controlled blinded trial into an open observational examine, and the FDA allowed it. Observational research carry nowhere close to the identical weight as placebo-controlled trials, as you don’t have something to check the therapy group towards. It’s very straightforward to miss even extreme accidents when you haven’t any management group.
Fauci Warns There Will Be ‘Many Extra Vaccine Mandates’
As we strategy the two-year mark of this pandemic, it’s time for our judicial system to kick in and defend the general public. The emergency powers granted to governors usually are not alleged to final eternally, and the rights afforded us by the U.S. Structure have been by no means meant to be suspended and tossed apart in occasions of medical crises. It’s time this rampant lawlessness received reined in.
Whether or not or not that can occur stays to be seen. What we may be positive of is that if our authorized system fails to do its obligation, the beacon of freedom on this world shall be misplaced. As reported by CNN,33 Fauci is on the market warning that “if extra individuals aren’t persuaded to get vaccinated by messaging from well being officers and ‘trusted political messengers,’ further mandates from colleges and companies could also be needed.”
The technocratic elite will take all of it the best way as a result of they’re combating for the Nice Reset. And the Nice Reset gained’t work if individuals are free. They want leverage over the inhabitants, which is exactly what vaccine passports are all about.
Jacobson v. Massachusetts: A Ruling With Tragic Penalties
In closing, those that assist the mandating of experimental COVID photographs will sometimes level to the 1905 Jacobson v. Massachusetts case, which is usually interpreted as giving authorities the correct to drive vaccinate everybody for the frequent good. Nevertheless, as famous by Alex Berenson in a current weblog submit,34 we ought to actually take a look at the time at which that verdict was given.
Within the years surrounding the 1905 Jacobson v. Massachusetts verdict, the U.S. Supreme Court docket additionally dominated in favor of racial discrimination, company monopoly, little one labor and making questioning authorities a jailable offense. That very same yr, in 1905, they dominated employees don’t have any rights. In 1923, they dominated minimal wage legal guidelines are unlawful and in 1927 they OK’d compelled sterilization based mostly on the Jacobson ruling.
Most of those rulings have since been overturned, and for apparent causes. Most individuals don’t agree with racial discrimination, monopolies and little one labor anymore. Most agree that minimal wage legal guidelines are a great factor, and that questioning authorities is an unassailable proper that’s needed for democracy to work. The 1905 Jacobson v. Massachusetts case isn’t any totally different. It was made in and for a unique time, when particular person and human rights have been routinely quashed.
As famous by Nationwide Vaccine Info Middle president Barbara Loe Fisher in “How Worry of a Virus Modified Our World”:35
“Utilizing unhealthy logic and unhealthy science whereas leaning closely on the pseudo-ethic of utilitarianism, state governments got the inexperienced gentle to legally require vaccination based mostly on a ‘frequent perception’ that vaccination is secure and efficient, somewhat than indisputable fact.
Piously waving the larger good flag to justify throwing civil liberties out the door, the courtroom majority dominated that residents wouldn’t have a authorized proper to be free always as a result of there are ‘manifold restraints to which each particular person is essentially subjected for the frequent good’ …
However the justices additionally warned that obligatory vaccination legal guidelines shouldn’t be compelled on an individual whose bodily situation would make vaccination ‘merciless and inhuman to the final diploma.’ They mentioned:
‘We aren’t to be understood as holding that the statute was meant to be utilized in such a case or, if it was so meant, that the judiciary wouldn’t be competent to intrude and defend the well being and lifetime of the person involved. ‘All legal guidelines,’ this Court docket has mentioned, ‘ought to obtain a smart building’ …
Throughout this time of concern and confusion, the Jacobson ruling additionally reminds us that it’s democratically elected representatives in state legislatures who make public well being legal guidelines governing individuals dwelling in numerous states. That’s as a result of what isn’t outlined within the U.S. Structure as a federal exercise is reserved for the states, which is a crucial examine on federal authorities energy.
Elected lawmakers in your state can select to mandate a couple of or many vaccines with or with out exemptions, whereas the federal authorities has the authority to mandate vaccinations for individuals getting into the U.S. or crossing state borders.”
