September 9, 2021, in a sweeping govt 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 provide break day 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 workers are exempt from the vaccine mandate. Biden didn’t make any exceptions for individuals who’ve already had COVID and recovered, and due to this fact have antibodies to the virus.
He additionally mentioned he’d use his “power as president” against any governor unwilling to follow the order “to get them out of the 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 had been already pushing again in opposition to federal vaccine mandates.3
Many States Vow to Fight Back Unconstitutional Mandate
The backlash was swift. The Republican National 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 Americans when he was elected that he wouldn’t impose vaccine mandates. He lied. Now small companies, employees, and households throughout the nation pays the value.
Like many Americans, I’m pro-vaccine and anti-mandate. Many small companies and employees would not 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 Americans and their liberties.”
Nebraska Republican Sen. Ben Sasse advised the Daily 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 govt orders.
This is a cynical try to choose a battle and distract from the President’s morally disgraceful resolution to depart Americans 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 collection of tweets, South Dakota Gov. Kristi Noem acknowledged:6,7
“South Dakota will stand up to defend freedom @JoeBiden see you in court,” and “My legal team is standing by ready to file our lawsuit the minute Joe Biden files his unconstitutional rule. This gross example of federal intrusion will not stand.”
Georgia Gov. Brian Kemp additionally issued an announcement saying he intends to “pursue every legal option available” to halt Biden’s “blatantly unlawful overreach,” as did Arizona Gov. Doug Ducey, who in a tweet acknowledged:8
“This is strictly the type of large authorities overreach now we have tried so laborious to forestall in Arizona — now the Biden-Harris administration is hammering down on personal companies and particular person freedoms in an unprecedented and harmful means. This won’t ever rise up in court docket.
This dictatorial method is unsuitable, un-American and can do much more hurt than good. How many employees can be displaced? How many children stored out of lecture rooms? How many companies fined? The vaccine is and must be a alternative. 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 one among his personal. Any native authorities that makes COVID vaccination a requirement for employment can be fined $5,000 per violation.9 During a September 13, 2021, press convention, DeSantis mentioned:
“We are gonna stand for the women and men who’re serving us. We are going to guard Florida jobs. We are usually not gonna to let individuals be fired due to a vaccine mandate.
You do not simply forged apart individuals who have been serving faithfully over this challenge, over what’s mainly a private alternative on their particular person well being. We can not let these people be forged apart. We can not enable their jobs to be destroyed.”
I used to be going to incorporate DeSantis’ speech on this article, however it has since been deleted for “violating YouTube’s community guidelines.” Imagine 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 Legal Bounds
Biden’s govt order is unlikely to face up in court docket, seeing how federal regulation prohibits the mandating of emergency use merchandise, which by definition are experimental. As famous in a May 2021 report by The Defender:10
“The backside line is that this: mandating merchandise approved for Emergency Use Authorization standing (EUA) violates federal regulation as detailed within the following authorized notifications.11
All COVID vaccines, COVID PCR and antigen assessments, and masks are merely EUA-authorized, not authorised or licensed, by the federal authorities. Long-term security and efficacy haven’t been confirmed.
EUA merchandise are by definition experimental, which requires individuals be given the best to refuse them. Under the Nuremberg Code, the inspiration of moral drugs, nobody could also be coerced to take part in a medical experiment. Consent of the person is ‘absolutely essential.’
Earlier this 12 months, Mary Holland, Children’s Health Defense president and normal counsel, and lawyer Greg Glaser acknowledged that federal regulation prohibits employers from mandating EUA COVID vaccines (or EUA COVID-19 assessments or masks). Holland and Glaser wrote:12
‘If a vaccine has been issued EUA by the FDA, it is not fully licensed and must be voluntary. A private party, such as an employer, school or hospital cannot circumvent the EUA law, which prohibits mandates. Indeed, the EUA law preventing mandates is so explicit that there is only one precedent case regarding an attempt to mandate an EUA vaccine.’”
If you’re like most, you’re most likely considering, “Well, Biden’s executive order came after the U.S. Food and Drug Administration gave full approval to the Pfizer/BioNTech COVID shot Comirnaty, so the vaccine is not under EUA.” You’d be partially proper. But principally unsuitable.
The Difference Between Pfizer’s BNT162b2 Shot and Comirnaty
The FDA did certainly give full approval to Comirnaty, however that product will not be predicted to be out there for over a 12 months. The solely Pfizer shot at present out there, known as BNT162b2, stays underneath EUA. We have 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 will not be obtainable.
The FDA desires BNT162b2 to be seen as interchangeable with Comirnaty, however from a authorized standpoint they clearly are usually not similar. BNT162b2, being underneath EUA, is indemnified in opposition to monetary legal responsibility, whereas Comirnaty, as soon as it turns into out there, is not going to have that legal responsibility defend (until Pfizer/BioNTech handle to get legal responsibility shielding for that product earlier than its launch).
In different phrases, should you’re injured by the BNT162b2, your solely recourse is to use for compensation from the Countermeasures Injury 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 damage requires hospitalization and leads to important incapacity and/or dying, and even should you meet the eligibility standards, it requires you to make use of up your personal medical 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 means a retired particular person can not qualify even when they die or find yourself in a wheelchair. Salary compensation is of restricted period, and capped at $50,000 a 12 months, and the CICP’s resolution can’t be appealed.
If regular circumstances apply to Comirnaty, had been you to be injured by that injection, you’d be capable of sue for damages underneath the nationwide Vaccine Injury Compensation Plan (VICP),17 so from a authorized perspective, there’s a quite important distinction between these two merchandise.
Legal Notifications You Can Use
If your employer or college requires you to get a COVID shot, think about using the authorized notifications offered by the Children’s Health Defense authorized group. The notices inform employers and academic establishments that they’re violating federal regulation.
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 how you can request a spiritual exemption for COVID-19 vaccine mandates within the office.
Vaccine Mandate Heralds Communist Style Social Credit System
In a September 13, 2021, episode of Fox News’ Fox & Friends, co-host Rachel Campos-Duffy warned that vaccine mandates are “the beginning of the communist-style social credit system,” including:19
“Dr. Anthony Fauci is now saying that if you don’t have the vaccine, you shouldn’t be able to have air travel. I mean, this happens in China. In China … if you don’t agree with the government, you can’t get on a train. They block you. They have a way to do that, and this is the beginning of that system where if you’re a dissident, if you don’t agree with the party in power, you will be punished.”
Are we dashing towards a social credit score system the place conduct is both rewarded or punished primarily based on the whims of these in control 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 positively heading that means.
Giving individuals with pure immunity a well being passport received’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 just lose your freedom each time a brand new booster rolls out. You both get the booster or lose your freedom.
People with pure immunity can’t be roped into this management scheme. What are they going to pressure the naturally proof against do with a purpose to hold a legitimate passport? They can’t earn cash off pure immunity, they usually can’t use it to regulate.
In a September 13, 2021, letter to Biden, Consumer Brands Association CEO Geoff Freeman listed 19 of fifty questions acquired from its member corporations.20 Among these questions is whether or not Biden’s govt order consists of non secular or medical exemptions, together with exemption because of pure immunity.
As reported by Newsweek,21 particulars of Biden’s plan can be ironed out by the U.S. Occupational Safety and Health Administration (OSHA), however within the meantime, Freeman known as on the Biden administration to deal with a few of the most urgent questions.
OSHA Lets Employers Off the Hook for Vaccine Injuries
Speaking of OSHA, in May 2021, the company quietly revoked22 the requirement23 for employers who mandate the vaccine to report negative 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 resolution, stating:
“OSHA doesn’t want to have any look of discouraging employees from receiving COVID-19 vaccination, and likewise doesn’t want to disincentivize employers’ vaccination efforts.
As a outcome, OSHA is not going to implement 29 CFR 1904’s recording necessities to require any employers to report employee negative effects from COVID-19 vaccination via May 2022. We will reevaluate the company’s place at the moment to find out the perfect plan of action shifting ahead.”
People With Natural Immunity Turn to the Law
In the times forward, our justice system is sure to clog up with lawsuits in opposition to employers, faculties and governments alike. Law professor Todd Zywicki lately sued24 George Mason University in Virginia over their vaccine mandate, as he has pure immunity. Zywicki mentioned his lawsuit in an August 6, 2021, Wall Street Journal commentary.25
His lawsuit identified that individuals with pure immunity have an elevated danger of adversarial reactions to the COVID shot — in response to one examine26 as much as 4.4 occasions the danger of clinically important negative effects — and that the requirement violates due course of rights, the best to refuse undesirable medical remedy, and is noncompliant with the Emergency Use Authorization.27
August 17, 2021, George Mason University caved earlier than the case went to trial and granted Zywicki a medical exemption.28 Unfortunately, the varsity didn’t revise its normal coverage.
A variety of different lawsuits have additionally been filed, together with one by greater than a dozen college students and Children’s Health Defense in opposition to Rutgers University 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 control of an Oregon Department of Justice investigatory unit.
Jason Dudash, director of the Oregon chapter of the Freedom Foundation, which is representing the state workers, accused Oregon Gov. Kate Brown of changing into “power-hungry amid the pandemic.” “The courts must establish a more logical, science-based approach,” he mentioned.31
Military Service Members Sue Over Vaccine Mandate
Military service members with pure immunity are additionally suing the Department of Defense, the FDA and the Department of Health and Human Services. As reported by The Defender:32
“The lead plaintiffs within the lawsuit, Staff Sergeant Daniel Robert and Staff Sergeant Holli Mulvihill, allege U.S. Sec. of Defense Lloyd Austin ignored the DOD’s personal laws and created a wholly new definition of ‘full immunity’ as being achievable solely by vaccination.
According to the lawsuit, the army’s present legal guidelines and laws unequivocally present the exemption the plaintiffs search underneath Army Regulation 40-562 (‘AR 40-562’), which offers documented survivors of an an infection a presumptive medical exemption from vaccination due to the pure immunity acquired because of having survived the an infection …
Dr. Admiral Brett Giroir, HHS assistant secretary, acknowledged in an interview Aug. 24 with Fox News: ‘So natural immunity, it’s essential … There are nonetheless no information to counsel vaccine immunity is healthier than pure immunity. I feel each are extremely protecting.’
Yet on the identical day, Austin issued a memo mandating your complete Armed Forces be vaccinated, through which he wrote: ‘Those with previous COVID-19 infection are not considered fully vaccinated.’
In that memo, plaintiffs allege Austin created a brand new time period and idea, which contradicts the plain language of DOD’s personal laws, long-standing immunology observe, medical ethics and the overwhelming weight of scientific proof concerning this particular virus.
Plaintiffs declare Austin, who will not be a health care provider, modified the DOD’s personal regulation with out offering ‘a scintilla of evidence to support it.’ They additionally allege Austin made the regulation change with out going via the required rulemaking course of, in violation of the Administrative Procedures Act evaluation.”
The lawsuit additionally factors out that Pfizer’s Phase 3 trials, which is the section through which long-term negative effects are detected, received’t be accomplished till 2023. Moreover, the lawsuit highlights the truth that Pfizer unblinded the 2 cohorts in the midst 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 match the remedy group in opposition to. It’s very straightforward to miss even extreme accidents when you don’t have any management group.
Fauci Warns There Will Be ‘Many More Vaccine Mandates’
As we method the two-year mark of this pandemic, it’s time for our judicial system to kick in and shield the general public. The emergency powers granted to governors are usually not presupposed to final endlessly, and the rights afforded us by the U.S. Constitution had been by no means supposed to be suspended and tossed apart in occasions of medical crises. It’s time this rampant lawlessness acquired reined in.
Whether or not that may occur stays to be seen. What we will be positive of is that if our authorized system fails to do its responsibility, the beacon of freedom on this world can be misplaced. As reported by CNN,33 Fauci is on the market warning that “if more people aren’t persuaded to get vaccinated by messaging from health officials and ‘trusted political messengers,’ additional mandates from schools and businesses may be necessary.”
The technocratic elite will take all of it the best way as a result of they’re combating for the Great Reset. And the Great Reset received’t work if persons are free. They want leverage over the inhabitants, which is exactly what vaccine passports are all about.
Jacobson v. Massachusetts: A Ruling With Tragic Consequences
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 best to pressure vaccinate everybody for the frequent good. However, as famous by Alex Berenson in a latest weblog submit,34 we ought to actually have a look at the time at which that verdict was given.
In the years surrounding the 1905 Jacobson v. Massachusetts verdict, the U.S. Supreme Court additionally dominated in favor of racial discrimination, company monopoly, little one labor and making questioning authorities a jailable offense. That similar 12 months, 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 primarily based 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 superb factor, and that questioning authorities is an unassailable proper that’s essential for democracy to work. The 1905 Jacobson v. Massachusetts case isn’t any totally different. It was made in and for a distinct time, when particular person and human rights had been routinely quashed.
As famous by National Vaccine Information Center president Barbara Loe Fisher in “How Fear of a Virus Changed Our World”:35
“Using unhealthy logic and unhealthy science whereas leaning closely on the pseudo-ethic of utilitarianism, state governments got the inexperienced mild to legally require vaccination primarily based on a ‘common belief’ that vaccination is secure and efficient, quite than incontrovertible fact.
Piously waving the higher good flag to justify throwing civil liberties out the door, the court docket majority dominated that residents would not have a authorized proper to be free always as a result of there are ‘manifold restraints to which every person is necessarily subjected for the common good’ …
But the justices additionally warned that necessary vaccination legal guidelines shouldn’t be compelled on an individual whose bodily situation would make vaccination ‘cruel and inhuman to the last degree.’ They mentioned:
‘We are not to be understood as holding that the statute was intended to be applied in such a case or, if it was so intended, that the judiciary would not be competent to interfere and protect the health and life of the individual concerned. ‘All laws,’ this Court has mentioned, ‘should receive a sensible construction’ …
During this time of worry 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 several states. That is as a result of what will not be outlined within the U.S. Constitution as a federal exercise is reserved for the states, which is a vital test on federal authorities energy.
Elected lawmakers in your state can select to mandate a number of or many vaccines with or with out exemptions, whereas the federal authorities has the authority to mandate vaccinations for individuals coming into the U.S. or crossing state borders.”
