Tuesday, November 30, 2021

Vaxx Mandates For Healthcare Workers: D.O.A.

h/t TLR/CTH

O frabjous day! Callou! Callay!

 
















Dogpiling onto yesterday's federal court ruling blocking any vaccine mandates for healthcare workers in 10 states, today another federal judge expanded that injunction against the vaxx mandates to all 50 states.

Key words in both rulings:

"unconstitutional"

"violation of jurisdiction"

"violation of state jurisdiction"

"violation of personal right to make healthcare decisions"

"arbitrary and capricious"

"unlikely to pass any serious judicial scrutiny"

"not authorized by Congress"

Best part of the entire ruling:

"Although this Court considered limiting the injunction to the fourteen Plaintiff States, there are unvaccinated healthcare workers in other states who also need  protection. Therefore, the scope of this injunction will be nationwide, except for the states of Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, South Dakota, since these ten states are already under a preliminary injunction order dated November 29, 2021, out of the Eastern District of Missouri."

In short, the federal judiciary is functioning as intended, and has told the Biden regime to go fuck itself.

And it only gets worse for Poopypants from here.

Also, every argument cited applies to federal workers, and all private employees. Vaxx mandates are effectively dead UFN.


19 comments:

Anonymous said...

In the Northern Federal District of Florida, another judge issued a nationwide injunction against the DOD, prohibiting them from requiring the acceptance of the EUA not-a-vax because it is an experimental drug.
The judge cited both Federal statute law and the Nuremburg Code as prohibiting the DODs' mandates.
The Court also found that Pfizers' EUA Vax and its Comirnaty were made under different authorities, and were not legally equivalent.
The .gov also failed to show that Comirnaty was available in the US. The Court noted that if an approved drug wss available in the US, that all of the EUA vaxes would no longer be permitted use, as an approved drug was available.
This will, of course, be immediately appealed, though I think that this judges' logic and assessment of relevant facts may stand.
John in Indy

Aesop said...

@John,

Link? Internet's got nothing.

Anonymous said...

Oh how I wish something like this would happen in Australia.
The state I'm living in is about to pass legislation allowing the government to force people to have any medical procedure the government wants, so long as they claim it's needed for public health.
Been massive protests, possibly biggest ever, but the party in government has the numbers and is ramming it through. Effectively give the state government complete control, including detention without trial, targeting "health" orders by race, religion, sex, political inclination, or any bloody attribute they like. Fuck all accountability or transparency either.

Understandably, I'm posting this as anon.

JC said...

Found this a few minutes ago.

https://www.ahajournals.org/doi/10.1161/circ.144.suppl_1.10712?fbclid=IwAR0R9uTmodvttGerhz7YZBTpFj_Gs7H0DDOT2rp7LfuDQb4H_yQU-c-qG6U

Anonymous said...

https://www.sfgate.com/news/article/Vaccine-mandate-for-federal-contractors-blocked-16664173.php

As requested

-Bert

1chota said...

The Supremes are obvious is their silence.

Aesop said...

The Supremes have Jack and Sh*t to say about this, until it makes it up two levels, past the circuit court(s), and thence to them.

Unless and until, keeping their mouths shut is their entire job.

T said...

I found this:

https://khn.org/morning-breakout/military-vax-mandate-holdouts-may-get-more-time-dc-court-halts-terminations/

Bear Claw Chris Lapp said...

The lawsuits will be epic and glorious.

Anonymous said...

Unfortunate for all the healthcare workers who already bent the knee.

JustinR said...

"The “serious Constitutional concerns” found by the Court in BST Holdings are some of the same
ones at issue in the case at bar.
The “serious Constitutional concerns” noted by the Court in BST Holdings were:
(a) that the OSHA Mandate exceeded the federal government’s authority under the
Commerce Clause because it regulated noneconomic inactivity (person’s choice
to remain unvaccinated) that falls squarely within the State’s police power;
(b) that separation of powers principles (“the major questions doctrine”)18 casts
doubt over the OSHA Mandate’s assertion of virtually unlimited power to control
individual conduct under the guise of a workplace regulation.
Additionally, the Court found “irreparable harm” to the petitioners’ liberty interests
19 of
having to choose between their jobs and the vaccine. The Court noted that the loss of
constitutional freedoms for even minimal periods of time constitutes irreparable injury.20
The Court also found a stay of the OSHA Mandate to be in the public interest in
maintaining the country’s constitutional structure and maintaining the liberty of individuals and
to make intensely personal decisions, even when those decisions frustrate government officials."

Hot damn, a judge that's actually read the 10th Amendment! (Just a little snark there. This is such a great beatdown of Brandon it deserves a 10 am shot of adult beverage.)

kurt9 said...

Good! Good!

Anonymous said...

WE are not prescient, we are merely intelligent enough to realize the government is full of fools. The SP500 is full of thieves and these thieves have stolen our government from us.

It has always been this way...it does not have to be. Jury duty for all formerly-elected government positions.

The love of money is the root of all evil.

AJ

1st1shot said...

The other issue is that there are plenty of SJW corporations out there that are happy to do the dirty work for Biden and require the jab as a condition of employment. My wife’s company is a Federal contractor, but have already said that even if the mandate is overturned, they will still require the jab.

Aesop said...

The conga line of pro-bono personal injury/workplace wrongful termination attorneys who will be stacking up to take on those SJW private corporations will stretch around the block and a mile up the street by lunchtime tomorrow.

Carrying the government's water without the government's legal backing and bottomless pockets is a fool's errand, soon to be a costly fool's errand.

1st1shot said...

That sounds good to me! I believe the deadline is end of the month. I told her to call their bluff and just ignore the mandate. They’ll need to fire her and then the games can begin.

Anonymous said...

Well, this interesting if true….

https://stessnews.online/2021/11/17/germany-dr-thomas-jendges-head-of-clinic-commits-suicide-covid-19-vaccine-is-a-genocide/

Unknown said...

Great for them. Now how about the same ruling for the military and federal workers.

John Wilder said...

Excellent news. The cracks are showing. The courts have been long converged - this surprises me.