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Beating the Mandates in Court
American Thinker ^ | 26 Oct, 2021 | Ted Noel

Posted on 10/26/2021 3:13:31 AM PDT by MtnClimber

Thousands of people are challenging the vaccine mandates. For them the “get shot or get fired” ultimatum is a bridge too far. Southwest Airlines recently discovered that such pressure isn’t working when they had to cancel a lot of flights because they didn’t have staff. Locations with Lockdown Lefty Lunatics in charge are losing people. Over a thousand people a day are moving to the Free State of Florida where mandates are strongly discouraged. But federal courts are ruling in favor of mandates right and left. Why?

Welcome to the Supreme Court. In 1905 (Jacobsen v. Massachusetts, 197 US 11) the Court ruled that the state could require citizens to get a smallpox vaccination. This case is being used as a blanket authority for every vaccine mandate to be approved. And as the Bard said, “Aye, there’s the rub.” If the term “vaccine” is all that’s considered, no one has a prayer in court. But if we can pry a few layers off that onion, there is a clear way to show that Jacobsen is not a precedent that any lower court should consider.

Smallpox is a very contagious disease with up to 20% mortality. It’s spread by contact, so an infected person can easily give someone else a deadly disease. This was a clear public health issue in 1904. At that time vaccination involved administering an orthopox virus that created powerful smallpox immunity without making the individual sick. Thus, the mandate was in fact a de minimus burden on the recipient’s freedom with a significant probability of preventing the illness of another person. This tells us where we must look.

COVID-19 is spread by aerosols, not contact. It is therefore not comparable to smallpox unless COVID-19 vaccinations in fact prevent the spread

(Excerpt) Read more at americanthinker.com ...


TOPICS: Health/Medicine; Science; Society
KEYWORDS: communism

1 posted on 10/26/2021 3:13:31 AM PDT by MtnClimber
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To: MtnClimber

If the “protected” are not really protected then this is just a compliance drill or a Jim Jones Kool-aid training drill. The .gov somehow thinks that everyone’s body belongs to them. Fools.


2 posted on 10/26/2021 3:13:58 AM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: MtnClimber

It’s not about the virus.
It’s not about the vaccine.

It’s about the tyranny.


3 posted on 10/26/2021 3:22:11 AM PDT by ClearCase_guy (Alec Baldwin has killed more people than the Jan 6 protesters. And he will serve less jail time.)
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To: MtnClimber
… de minimus …
… de minimis …
4 posted on 10/26/2021 3:23:50 AM PDT by eastsider
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To: MtnClimber

5 posted on 10/26/2021 3:31:20 AM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: Travis McGee
Oh it's coming, brother.

Get off the plastic, people! At least start weaning yourselves off.

6 posted on 10/26/2021 3:38:31 AM PDT by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
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To: Travis McGee

Yep. It is why the Leftists are salivating for an electronic currency.


7 posted on 10/26/2021 4:54:34 AM PDT by rlmorel (Leftists are The Droplet of Sewage in a gallon of ultra-pure clean water.)
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To: Psalm 73

It isn’t about getting off plastic.

It is about preventing tyrants from implementing plastic as a mandate so it can be controlled by them, and thereby control anyone who must use it, which will mean anyone.

A hammer by itself is a perfectly useful item. We don’t want to have them thrown in the trash because it might be used to beat someone’s brains in.

Just don’t allow them to legally beat someone’s brains in.


8 posted on 10/26/2021 4:57:33 AM PDT by rlmorel (Leftists are The Droplet of Sewage in a gallon of ultra-pure clean water.)
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To: rlmorel

Electronic currency can even have an “expiration date.”

Use it or lose it.


9 posted on 10/26/2021 4:59:58 AM PDT by Travis McGee (EnemiesForeignAndDomestic.com)
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To: Travis McGee

I am in no way against electronic currency or credit cards, in the same way I am in no way against vaccines. Or mask wearing.

I am adamantly and fundamentally opposed to mandates...especially in the case of electronic currency which is being pushed by people who intend to use it for evil purposes, for control purposes.


10 posted on 10/26/2021 5:03:37 AM PDT by rlmorel (Leftists are The Droplet of Sewage in a gallon of ultra-pure clean water.)
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To: rlmorel
"It is about preventing tyrants from implementing plastic as a mandate..."

I understand that aspect of it - in a true free-market economy there are no worries - but that's not what we have now.

Not to be a "Debbie-downer", but I think we no longer have control over the ballot box and thus cannot vote our way back to sanity.

I hope that I'm wrong on this, but if I'm not then I'm better off keeping my plastic usage down to a bare minimum.

11 posted on 10/26/2021 5:50:24 AM PDT by Psalm 73 ("You'll never hear surf music again" - J. Hendrix)
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To: Psalm 73

No, you aren’t being a “Debbie Downer” at all. That is a valid concern.

My concern is that if we keep backing up, eventually we will be with our back against a wall facing people with guns who are ready to execute us.

If we can’t restore order to the electoral process, we have far greater problems than plastic vs. cash, that is for sure.


12 posted on 10/26/2021 5:54:22 AM PDT by rlmorel (Leftists are The Droplet of Sewage in a gallon of ultra-pure clean water.)
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To: MtnClimber
f the term “vaccine” is all that’s considered, no one has a prayer in court.

This whole case he sites rest on the STATES LEGISLATIVE authority. There is no ground in this case for NATIONAL EXECUTIVE action.

13 posted on 10/26/2021 7:24:17 AM PDT by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: MNJohnnie

“f the term “vaccine” is all that’s considered, no one has a prayer in court.”

F the courts as well. Why should anyone be forced to defend themselves in court from a non-existent mandate over a virus that has a >99% survival rate?


14 posted on 10/26/2021 9:22:49 AM PDT by LastDayz (A blunt and brazen Texan. I will not be assimilated.)
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