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Judge strikes Biden's vax mandate — but not for the reason you might think: ere you have it, an answer unanticipated by pro- or anti-vaxxers
American Thinker ^ | 12/02/2021 | Gerald McGlothlin

Posted on 12/02/2021 9:46:36 AM PST by SeekAndFind

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To: Sans-Culotte
There is clear legal precedent, binding on this judge, that government entities "at some level", can compel vaccines. That is most clear for state governments, and for direct Federal employees such as the military with a properly approved vaccine. We may not like it, but that precedent exists.

However, those precedents do not justify what the federal government is trying to do the Medicare and medicaid. Therefore, the judge right we struck it down.

21 posted on 12/02/2021 10:23:27 AM PST by Bruce Campbells Chin ( )
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To: SeekAndFind

The good judge left out something, like, “These shots are not vaccines. They are sort of the opposite of a vaccine.”


Or like Seven-Up? They are the Un-Vaccine.


22 posted on 12/02/2021 10:33:40 AM PST by Honest Nigerian
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To: Hostage

I don’t see “only if they are effective” in the constitution. do you?

They can’t be mandated by the fedgov


23 posted on 12/02/2021 10:34:19 AM PST by cableguymn (It will continue until we stop it.)
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To: taxcontrol

EFFECTIVE at what???

In Canada, a town has usually had 5-6 stillbirths annually.

In 6 months, they have recorded 86....13 in a 24 hour period.

All the mothers were vaxxed.

That is a 29 TIMES rate of deaths.......


24 posted on 12/02/2021 10:40:47 AM PST by ridesthemiles ( )
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To: aspasia

“I smell a rat.”

Indeed, you do.

197 U.S. 11, 25 S.Ct. 358, 49 L.Ed. 643
HENNING JACOBSON v. COMMONWEALTH OF MASSACHUSETTS.

The case was a Due Process case.
The Court needlessly expanded the scope by its ruling.
BOOM.
Government can mandate vaccinations, and they DON’T have to offer exemptions if they don’t feel like it.

Read ‘em and weep.

https://www.law.cornell.edu/supremecourt/text/197/11


25 posted on 12/02/2021 10:45:49 AM PST by HKMk23 (The right of freedom of religion shall not be derogated even if the life of the nation is at stake.)
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To: taxcontrol

” You can’t require a person to chop off their own hand or blind an eye or commit suicide.”

I will question one of those requirements. They jolly well can require/force you to commit suicide. If they try to vaccinate me, no thanks. I will take my own life. I’m old and I have lots of left over pills of various kinds. I will be 88 tomorrow. I’ve had a long and happy life. Lately it’s not so great.


26 posted on 12/02/2021 10:51:53 AM PST by WVNan
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To: SeekAndFind

Reads to me like Deep State is about to allow the courts to get it out of the vaxx mandate.

Deep State’s going cut bait.

Can’t wait to see what the cabal tries next.


27 posted on 12/02/2021 10:55:01 AM PST by mewzilla (Those aren't masks. They're muzzles. )
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To: cableguymn

The so-called vaccines, which prominent MDs are starting to refer to as Serums because they are not true vaccines, these Serums are NOT proven effective so the federal government has no business mandating them any more than mandating baloney sandwiches to cure cancer.

The federal government has a role in promoting the public health but they don’t have carte-blanche to do whatever they want without thorough examination which would be confirmed via FDA authorization which hasn’t happened for the Serums they are mandating.


28 posted on 12/02/2021 10:58:30 AM PST by Hostage (Article V)
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To: SeekAndFind

“This decision fits the textbook definition of diplomacy”

Judges are not appointed to engage in political diplomacy.


29 posted on 12/02/2021 11:05:52 AM PST by Boogieman
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To: Sans-Culotte

Well, it sounds to me that he is thinking of state governments, or the legislative branch, not the federal executive branch.


30 posted on 12/02/2021 11:06:48 AM PST by Boogieman
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To: Mathews

Congress would pass it in a second, like the vax database passed yesterday.


31 posted on 12/02/2021 11:16:41 AM PST by Luke21
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To: HKMk23

State Legislative action is specifically sited. So neither the Federal Legilsature, or the Federal Executive can use this judgement as justification for a Federal action


32 posted on 12/02/2021 11:26:57 AM PST by MNJohnnie (They would have abandon leftism to achieve sanity. Freeper Olog-hai)
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To: Sans-Culotte

Sans-Culotte wrote: “Sounds like the judge is saying the government can compel people to get the vaxx, but that the method they chose was incorrect?”

It is settled law that states have police powers forbidden to the federal government. Those police powers include the power to compel vaccinations. IOW, your state could compel you to get vaccinate but the federal government cannot. That is why Biden’s Mandate is an end run around the Constitution and should be blocked.

Jacobson v. Massachusetts, 197 U.S. 11 (1905)

https://supreme.justia.com/cases/federal/us/197/11/


33 posted on 12/02/2021 12:11:44 PM PST by DugwayDuke (Most pick the expert who says the things they agree with.)
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To: stylin19a

It could come out that way, but I don’t think Roberts opinion was necessary. Just an understanding of the separation of powers...


34 posted on 12/02/2021 1:15:07 PM PST by Regulator (It's fraud, Jim)
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To: Ancesthntr

Ancesthntr wrote:


“2) Experimental (i.e EUA) drugs / vaccines, by LAW, can not be mandated”
That part is the key to this entire thing...and I have seen barely any mention whatsoever of this fact. This is not merely codified into law, it is a part of the very legislation which enabled the FDA to issue the EUAs in the first place.

And then the question is why hasn’t that point been made in a lawsuit, that anything under an EUA cannot be mandated?


35 posted on 12/02/2021 8:41:02 PM PST by WildHighlander57 ((The more you tighten your grip, the more star systems will slip through your fingers.) )
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To: MNJohnnie

He was a W appointee, so gutless is a given.

I distinctly recall W promising original intent judges. Either he lied, or he’s stupid, or a combination. What else should we expect from a Lyndon Johnson Democrat pretending to be a pro-life conservative?


36 posted on 12/03/2021 12:02:09 AM PST by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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To: DugwayDuke

Jacobson did not compel vaccination. It simply allowed the imposition of a small fine for refusal to take the vaccine.

Put your big boy pants on and come try force a needle into my arm or anyone in my family. You’ll leave in a pine box.


37 posted on 12/03/2021 12:16:28 AM PST by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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To: WVNan

I’m 71. It’s always great. Keep faith.


38 posted on 12/03/2021 4:56:10 AM PST by steve8714 (Evidently the Oxford comma is racist, sexist, or homophobic. You decide which.)
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To: SecAmndmt

SecAmndmt wrote: “Jacobson did not compel vaccination. It simply allowed the imposition of a small fine for refusal to take the vaccine.”

Considering the time, it wasn’t a small fine. Neither did the court put a limit on the fine and they did not limit the methods to just a small fine.


39 posted on 12/03/2021 6:31:48 AM PST by DugwayDuke (Most pick the expert who says the things they agree with.)
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To: SecAmndmt

SecAmndmt wrote: “Jacobson did not compel vaccination. It simply allowed the imposition of a small fine for refusal to take the vaccine.”

Considering the time, it wasn’t a small fine. Neither did the court put a limit on the fine and they did not limit the methods to just a small fine.


40 posted on 12/03/2021 6:31:48 AM PST by DugwayDuke (Most pick the expert who says the things they agree with.)
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