Posted on 01/07/2022 10:22:13 AM PST by ransomnote
[H/T HoneysuckleTN]
SNIP
Biden Has No Authority to Mandate Vaccines
As I have elaborated elsewhere, the plaintiffs have the better of the argument. Their position can be summarized as follows.
First: The federal government has never imposed a vaccination mandate for non-servicemembers; the states have. Every state requires schoolchildren to be “vaccinated,” “inoculated,” or “immunized” against a host of dangerous diseases, and each such law uses one of those three terms (or some variant, such as “vaccination” or “immunization”).
Moreover, the leading U.S. Supreme Court public health decision — Jacobson v. Massachusetts (1905) — involved a Massachusetts law and a Cambridge ordinance that each used the term “vaccination.” If Congress had wanted to use the OSH Act to empower OSHA to require vaccinations, Congress knew how to draft a provision using one of those terms. Congress did not.
Second: Those terms have a well-settled, specific meaning in public health law: viz., the use of a weakened or inactive virus — or mRNA recreations of a virus’ genetic code — to trigger a response in the human immune system. Vaccines intentionally create permanent (or at least transient) changes in the human immune system — intentionally so, to be effective.
Vaccines do not work by creating external defensive shields; that is the job for masks, gowns, gloves, eyewear, and the like, protections that fend off pathogens and keep them from invading the body. Vaccines work by creating internal offensive mechanisms — namely, mechanisms that attack and destroy pathogens.
By definition, to be effective vaccines must enter the body and trigger a cellular response. Put differently, masks, gowns, gloves, eyewear, and the like can be tossed away at the end of the workday; T-cells cannot.
Third: Agencies have only the authority that Congress grants them, and no provision in the OSH Act uses the terms “vaccinated,” “inoculated,” or “immunized.” Why? Because Congress has always treated vaccinations as medical decisions to be made by medical experts, not as occupational health decisions to be made by non-physician government officials.
The Biologics Control Act of 1902 prohibited the distribution of viruses without a license from the secretary of the Treasury and designated the surgeons general of the Army, Navy, and Marine Service to serve as a board to issue rules governing the issuance and revocation of licenses. The Federal Food, Drug, and Cosmetic Act of 1938 defines “vaccines” as “drugs” and “biologics,” which can be distributed in interstate commerce only if the commissioner of the Food and Drug Administration (FDA) approves their use as a normal or an emergency treatment (and, by statute, if a vaccine is approved as an emergency treatment, every person has the right to refuse the vaccine).
Yet Congress has never authorized the FDA commissioner to impose a vaccination requirement. Ditto for the director of the Centers for Disease Control and Prevention (CDC). Nothing in the OSH Act changes that settled feature of public health law.
In sum, OSHA cannot order employees to be vaccinated against any virus — whether that one or one of the yearly influenza viruses that also kill people annually — because OSHA cannot make medical decisions for employees.
SNIP
They won’t. The Supreme Court sold out to Soros and Obama. They sit around watching America burn and overwhelmed by millions of illegals bringing, drugs, disease and murder into this country. They don’t care.
Agree. He trusted so-called party ‘leaders’.
He thought they were on the same side.
We all have certain expectations of the “Roberts” Court and I fear they will be fulfilled yet again.
Second: Those terms have a well-settled, specific meaning in public health law: viz., the use of a weakened or inactive virus — ****or mRNA recreations of a virus****’ genetic code — to trigger a response in the human immune system.
mRNA recreations are NOT well settled and specific meanings in public health law. It is brand new and experimental.
He was thinking that Mitch and his bitches would only confirm Fedzilla lackeys.
Amy Conehead Barrett and gay boy Roberts and Party Boy Kavenaugh will save us, just like in the election.
“ I was shocked at the ignorance displayed by Kagan and Sotomayer. Their detachment from reality was breathtaking..”
___________
Almost like it wasn’t ignorance at all, rather alignment with the tyranny.
Should.
But remember, “It’s a tax!”
She was picked for one reason. Because she’s a female.
Five in my orbit. No thanx.
I am considering Corbevax. We will see. It is supposed to be a more traditional vaccine...I guess a deactivated piece of the Covid viral particle.
I have natural immunity now. The wife and I. Thank God for safe, cheap and effective hydroxychloroquine and Ivermectin. Could have been much worse. lol
If nine SCOTUS judges can’t rule on the constitutionality of arbitrary mandates, we just need to add more justices. 11? Maybe 13? Keep boosting the court. Like the COVID shots /s
This case is the acid test as to whether the deep state has managed to wrap up total control of the government. Acid test because there is not the slightest hint of a legal foundation for the mandate. The Biden ghouls grabbed it out of thin air (there is a more apt physiological repository, but...) and the Supreme Court will have to access the same source if it rules it Constitutional.
I have faith in Thomas and Alito.
I have hope for Gorsuch.
I want to have hope for Barrett but acknowledge the absence of a basis for that hope based on the things that she has said so far.
Kavanaugh is an idiot.
Roberts wants to be viewed as The Supreme Power.
P*ssy priviledge.
Somehow, and accomplished in increments over many decades, the executive branch now considers itself to have the authority to do whatever it wants, as long as it is not expressly prohibited in the Constitution. Whatever it wants, unless there’s a specific clause forbidding it. How in the world was that allowed to happen?! Whatever happened to the 10th Amendment? What happened to the Congress’ power to legislate? Whatever happened to the states’ powers to regulate issues of public health and vaccines?
SCOTUS is the one remaining check on this road to federal tyranny and they’re dropping the ball. Yesterday’s embarrassing spectacle exposes the court as woefully inadequate to defend the Constitution and our free nation from Biden and the other little tyrants. There’s a chance we’ll get lucky with a 5-4 or 6-3 decision to smack down this out-of-control and demented little wannabe dictator, but I’m not counting on it. I fear a 6-3 vote going the other way with Alito, Thomas, and perhaps Gorsuch or Kavanaugh standing alone for our Constitution.
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