On Sunday, Jan. 23, a convoy of trucks, which may be the largest ever recorded, began a journey from British Columbia to Ottawa to protest Canada’s latest COVID-19 vaccine mandate that targeted truckers. The convoy is set to arrive at the nation’s capital on Saturday, Jan. 29, where it will be joined by two more convoys from Newfoundland and Windsor, Ont. Together, the truckers plan to stage a protest on Parliament Hill.Continue reading “Canadian Truckers Ride for Freedom”
Category Archives: Legal
Supreme Court Uphold CMS Vaccine Mandate for Healthcare Workers. Huge Loss for Freedom in the United States
On the same day that many celebrated the Supreme Court striking down a vaccine mandate issued by the Occupational Safety and Health Admin. (OSHA), the Court issued a second Opinion upholding a smaller mandate. While it has drawn less immediate ire, it has set the stage for an unending wave of encroachments on the U.S. citizen’s right to bodily autonomy.
In a 5-4 per curium Opinion, the Supreme Court has upheld a vaccine mandate issued by the Centers for Medicare & Medicaid Services (CMS) under the promptings of the Secretary of Health and Human Services (HHS). The rule covers an estimated 17 million workers, including clinical and non-clinical employees who work at health care facilities that receive federal funding via Medicare or Medicaid.
Under this stringent mandate, employees are not given an alternative testing option. It’s get vaxxed, or get lost. An option for medical or religious exemptions does exist, but as the behavior of Ascension Sacred Heart proved over the past months, these exemptions may prove hard to obtain.
The ten-page Opinion was agreed upon by Chief Justice Roberts and the Justices Breyer, Sotomayor, Kagan, and Kavanaugh.
It began (and frankly continued) not as an exploration of the law, but rather as an exploration of the nature of Covid-19 and the potential benefits of vaccines. It then took an abrupt turn, as the majority asserted the rule fell within the agency’s statutory authority.
“First, we agree with the Government that the Secretary’s rule falls within the authorities that Congress has conferred upon him…”Biden v. Missouri, 595 U. S. __ (2022) at 4.
The majority found that Congress “has authorized the Secretary to impose conditions on the receipt of Medicaid and Medicare funds that ‘the Secretary finds necessary in the interest of the health and safety of individuals who are furnished services.’” (Combining 42 U. S. C. §1302(a) and the Medicare Act. §1395hh(a)(1)).
Thus, because the Secretary determined (1) that a vaccine mandate would “substantially reduce the likelihood that healthcare workers will contract [Covid-19] and transmit it to their patients,” the Court found it naturally followed that (2) the Secretary had concluded such a mandate was “necessary to promote and protect patient health and safety.”
“The rule thus fits neatly within the language of the statute.”Id. at 5.
The majority went on to state that healthcare facilities wishing to participate in Medicare and Medicaid “have always been obligated to satisfy a host of conditions that address the safe and effective provision of healthcare…”
The majority compared a vaccine mandate to required training and practices that span hundreds of hours and to rules around which doctors can use radiological equipment. They also indicated it was equivalent to the requirement that employees “wear gloves, sterilize instruments, [or] wash their hands…” Because obviously hand washing rituals and an irreversible medical procedure are exactly the same.
“Of course, the vaccine mandate goes further than what the Secretary has done in the past to implement infection control. But he has never had to address an infection problem of this scale and scope before.”Id. at 7. The majority ominously and nonchalantly discuss the infringement on health care worker’s right to make independent decisions on voluntary medical procedures.
The majority goes on to claim that vaccination requirements from the state are a common feature of healthcare provision.
Of course, they do not discuss the fact that the definition of “vaccine” literally had to be reworked by the CDC to include the Covid-19 mRNA shots. They also do not discuss the fact that the “vaccines” are only authorized under emergency use (despite much propaganda to deceive the American people into thinking otherwise). They completely ignore the first principle of the Nuremberg Code that “the voluntary consent of the human subject is absolutely essential.” And they fail to explore the right to bodily autonomy implied in the 4th Amendment.
The majority does however state that healthcare workers and public health organizations “overwhelmingly support the Secretary’s rule.” They allege this supposed support suggests that a vaccine mandate is a “straightforward and predicable” example of acceptable regulations that Congress has authorized the Secretary to impose.
And here I was thinking that in 1803 Marbury v. Madison gave the Supreme Court the authority to analyze the constitutionality of an issue due to its legal expertise. Turns out all the expertise one needs is a Doodle poll maker.
Based on these interesting connections, the majority concludes that the mandate did not exceed the Secretary’s statutory authority.
The majority then takes two pages to make short order of three of the minority’s protests, finding:
1. The interim rule is not arbitrary and capricious despite the fact:
- It does not allow for testing as an alternative
- Thus, a sick vaccinated employee is ranked safer than an unvaccinated employee who is healthy
- It makes no exceptions for employees with “natural immunity” despite 146 research studies suggesting natural immunity is far more robust than any immunity provided by the available Covid-19 “vaccines”
- Which according to Pfizer’s CEO is “limited, if any…”
- It is a complete departure from the agency’s prior approach to merely encourage vaccines in infection-control regulations/programs
- It may very well cause staffing shortages, especially in rural areas.
Why? Because the Secretary thought of all those things… so, even if his data might be flawed, and his solutions nonexistent, he thought about it, which according to the majority falls within the allowable “zone of reasonableness.”
2. The Secretary had good cause to delay notice and comment.
Why? Because flu season. Apparently, this “good cause” loophole also allowed the Secretary to promulgate the rule without discussing potential rural staff shortages with the States before springing the trap, because why in the hell would they need to know, it’s an emergency!
3. The rule does not run afoul of the directive in §1395 “that federal officials may not ‘exercise any supervision or control over [the] manner in which medical services are provided, or over selection [or] tenure … of any officer or employee of’ any facility.”
Why? Because IF IT DOES… which it does… then “nearly every condition of participation the Secretary has long insisted upon is unlawful.” Let that sink in.
With all that squared away, the majority concluded its opinion as if it all made perfect sense.
“The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have.”Id. at 9.
The Case’s Impact…
The death of voluntary informed consent…
Biden v. Missouri effectively cements a violation of the Nuremberg Code into the U.S. legal landscape and seems to dash any hope citizens had that the Supreme Court would step up to protect the right to bodily autonomy and the citizen’s ability to make voluntary informed medical decisions.
Ultimately, this case combined with language from the OSHA decision (for a breakdown click here) suggests that if the Biden administration can find the right tools in its toolbox, it can continue to deliver punishing vaccine mandates that erode the nation’s founding principles of life, liberty, and the pursuit of happiness.
Thus, while it is tempting to simply celebrate the OSHA victory and write this case off as a great tragedy for the doctors and nurses, I am once again reminded of the famous poem by Martin Niemöller.
Post by: CJ Fisher
Victory! SCOTUS Smacks Down Biden’s OSHA Vaccine Mandate
Around the globe, tyrannical policies and genocidal rhetoric from government officials related to Covid-19, vaccines, and the unvaccinated continue to crop up daily. However, the United States saw a victory this week with the Supreme Court releasing a brief 9-page Opinion that blocks the Occupational Safety and Health Administration’s (OSHA’s) vaccine mandate.Continue reading “Victory! SCOTUS Smacks Down Biden’s OSHA Vaccine Mandate”
Court Rejects FDA’s Request to Produce Pfizer Covid-19 Data at a Rate of 500 Pages Per Month. Judge Orders FDA to Produce Data at Rate of 55,000 Pages Per Month
A federal judge has rejected a request by the U.S. Food and Drug Administration (FDA) to produce data related to Pfizer’s Covid-19 drug, Comirnaty, at a rate of 500 pages per month.
Instead, the judge ordered the FDA to produce the information at a rate of 55,000 pages per month.Continue reading “Court Rejects FDA’s Request to Produce Pfizer Covid-19 Data at a Rate of 500 Pages Per Month. Judge Orders FDA to Produce Data at Rate of 55,000 Pages Per Month”
Biden Administration’s Covid-19 Mandates Head to the Supreme Court Tomorrow
Tomorrow, on Friday, January 6, the Supreme Court will hear oral arguments about the legality of forcing vaccine mandates on employees throughout the nation.
It has been a short, but intense road leading to this moment. It began on November 5, 2021, when the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS) to control businesses’ response to Covid-19. On the same day, the Centers for Medicare & Medicaid Services (CMS) released a rule targeting healthcare workers.Continue reading “Biden Administration’s Covid-19 Mandates Head to the Supreme Court Tomorrow “
Breakdown of the Sixth Circuit’s Disappointing Majority Opinion Dissolving Stay on OSHA’s Vaccine Mandate.
On December 17, the Sixth Circuit issued a disappointing reversal of the Fifth Circuit’s stay on the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) that mandates vaccine requirements for employers with one hundred or more employees.
The decision came from a split panel of two to one. Judge Jane Stranch, an Obama appointee delivered the opinion. She was joined by Judge Julia Gibbons, a Bush appointee. Judge Joan Larsen, a Trump appointee, dissented. Tomorrow that decision goes to the Supreme Court. Here, I provide a layout of the main points.Continue reading “Breakdown of the Sixth Circuit’s Disappointing Majority Opinion Dissolving Stay on OSHA’s Vaccine Mandate. “
Howard Springs – the Covid-19 Quarantine “Gold Standard” Paradise – Fields Multiple Escape Attempts
This past week saw Australia’s “gold-standard” for Covid-19 quarantine facilities come under fire after multiple escape attempts and a damning insider report.
On November 30, three teenagers attempted to escape the facility. In a 9 News Australia clip, reporter Davina Smith claims that “three people have escaped from the Howard Springs COVID Quarantine facility.” This news came just days after a 27-year old, who was negative for Covid-19, scaled the fence and escaped into a waiting vehicle.Continue reading “Howard Springs – the Covid-19 Quarantine “Gold Standard” Paradise – Fields Multiple Escape Attempts”
Australia Quarantines 38+ Citizens in Covid-19 Camp “Howard Springs.” Could the U.S. Ever Implement Similar Methods?
Australia’s Northern Territory has experienced a recent uptick in Covid-19 in the poorer regions of Katherine. Residents of the small communities Binjari and Rockhole were placed on an extended hard lockdown of two weeks following 9 new positive cases in the Territory – which brings the region’s total count to 35.
This was a blow to these two small communities who had already been dealing with a two-day lockdown and extended power outages.
Some have questioned the wisdom of the move given that Covid-19 often spreads indoors. The Northern Territory’s Deputy Chief Health Officer, Dr. Charles Pain, says he is bracing for even more cases as authorities ramp up testing efforts.Continue reading “Australia Quarantines 38+ Citizens in Covid-19 Camp “Howard Springs.” Could the U.S. Ever Implement Similar Methods?”
Austria Imposes First Post-Vaccine Rollout COVID-19 Lockdown and Announces Mandatory Vaccination Regime for the Entire Nation
Monday, November 22 marked another historic turn in the battle against Covid-19 and the rising state of authoritarianism around the globe.
Austria imposed its fourth national coronavirus lockdown – shutting down all non-essential shops, bars, and cafés for all citizens. This move came only a week after the government imposed a lockdown on the unvaccinated, and it marks the first time that a country has imposed a lockdown after the vaccine rollout.Continue reading “Austria Imposes First Post-Vaccine Rollout COVID-19 Lockdown and Announces Mandatory Vaccination Regime for the Entire Nation”
FDA Requests 55 Years to Fully Release Pfizer’s COVID-19 Vaccine Data
In November of 2020, the U.S. Food and Drug Administration (FDA) committed to transparency, open dialogue, and efficiency when dealing with decisions to grant emergency requests for COVID-19 vaccines.
“The FDA understands there is tremendous public interest regarding vaccines for COVID-19. We remain committed to keeping the public informed about the evaluation of the data of a potential COVID-19 vaccine, so that once available, the public and the medical community can have trust and confidence in receiving the vaccine for our families and ourselves.”FDA Commissioner Stephen M. Hahn, M.D.
Despite this promise to the American people, the FDA has now asked a United States Federal District Court for 55 years to produce the data and information it relied upon to license Pfizer’s COVID-19 vaccine, Comirnaty. To be clear, the FDA claims it conducted an intense review of these same documents in just 108 days to authorize Comirnaty in the first place.Continue reading “FDA Requests 55 Years to Fully Release Pfizer’s COVID-19 Vaccine Data”