Below is my column in the Hill on the review of the OSHA vaccine mandate imposed by the Biden Administration. Courts like the United States Court of Appeals for the Fifth Circuit are facing a novel use of workplace regulations in an admitted effort to circumvent constitutional limitations. The question is whether it will work.
Here is the column:
The Biden administration was hit by a broadside last week, when the U.S. Court of Appeals enjoined its use of the Occupational Safety and Health Administration (OSHA) to implement a national vaccine mandate as a matter of “workplace safety.” Not to be deterred, the administration reportedly is pushing forward with a possible extension of that rule to small businesses.
White House chief of staff Ron Klain professed “confidence” that they have found what he previously admitted was a “work-around” of the Constitution, which does not give the president such authority. After all, Klain argued this week, this is no different than requiring hard hats in the workplace.
Klain’s confidence may run into serious constitutional doubts in the courts, however. Indeed, he and other White House officials may be making the case for the 24 states challenging the mandate.
Supreme Court Justice Oliver Wendell Holmes once wrote that “hard cases make bad law.” The same thing might be said about hard-hat arguments. Klain has suffered from an abundance of confidence when some prudence may be preferred at the Justice Department. Like President Biden, he has vacillated between claiming the authority to require vaccinations and then backtracking to claim only the authority to “urge” vaccinations.
Biden eventually acknowledged that he does not have the authority to order a national mandate directly. That is when Klain again confidently rushed in where wiser government lawyers fear to tread. He announced that the White House had found a way to evade the constitutional limitations: “OSHA doing this vaxx mandate as an emergency workplace safety rule is the ultimate work-around for the Federal govt to require vaccinations.”
Many of us often criticized former President Trump for undermining Justice Department lawyers with damaging comments later cited by courts when ruling against his administration. Now Biden and Klain seem to be competing for the greatest admissions-against-interest, including a prior admission from President Biden that they would be pursuing a presumptively unconstitutional measure simply to buy more time to spend more money. Klain is celebrating a way to evade constitutional limitations — but for courts reviewing the OSHA rule, that is akin to a husband telling a spouse that he has found a “work-around” to his vows by redefining extramarital relations.
On Sunday, Klain further explained that the OSHA rule is “common sense . . . if OSHA can tell people to wear a hard hat on the job, to be careful around chemicals, it can put in place these simple measures to keep our workers safe.”
The problem is that OSHA itself failed to see that “common sense” meaning until the White House pushed the work-around. After President Biden announced that OSHA would make the declaration, the agency appears to have reverse-engineered its interpretation to fit the order. For years, OSHA debated whether it can or should issue an “Infectious Diseases Regulatory Framework” covering “airborne infectious diseases.” It has never issued such a framework and, in the past, has done no more than requiring employers to offer workers such things as Hepatitis B vaccination.
Moreover, OSHA is using a work-around of its own to avoid the rule-making process, which can take a great deal of time and require the agency to answer a great many questions. OSHA used an “emergency temporary standard” (ETS), but that applies to a “grave danger” when such action is “necessary to protect employees from such danger.” The ETS, however, is designed to protect employees “from exposure to substances or agents determined to be toxic or physically harmful, or from new hazards.” It can only be used in emergencies when “necessary to protect employees from such danger.” It is not a rule to be used for convenience so a president can impose a mandate indirectly that he cannot impose directly.
OSHA regulations are designed for dangers inherent in a given workplace or industry. In the case of hard hats, things fall, and workers need to protect their heads. Likewise, if workers are being exposed to a toxic chemical in a given industry, that industry can face an ETS. The idea is to stop businesses from creating dangerous conditions once people enter workplaces.
But this national vaccine mandate is different. The administration arguably is using the workplace to make society at large safer. White House deputy press secretary Karine Jean-Pierre seemed to make that point on Monday when she insisted that OSHA clearly has this authority because “more than 750,000 people have died of COVID. You have approximately 1,300 people a day, who continue to die a day, as I said, from COVID. If that’s not a grave danger, I don’t know what else is.”
However, those are people dying in society at large, not in workplaces. While some may have contracted the virus in the workplace, courts may demand a closer nexus to a “grave danger” inherent in the workplace. The White House has expressly admitted that it is seeking to “reduce the number of unvaccinated Americans by using regulatory powers and … these requirements will become dominant in the workplace.”
It is not even clear that the rule is necessary. Courts have uniformly upheld the right of employers to impose mandatory vaccination or testing requirements as a condition for employment; states have enhanced authority over such public health measures, too.
This is, admittedly, a novel issue, and there are good arguments on both sides. But it also is a generally-worded statute that can be interpreted broadly, and I expect a split in court decisions — and that only increases the likelihood of a Supreme Court review. Once there, the Biden administration could be giving some justices an opportunity to review not mandates but OSHA’s discretion over such mandate orders. A majority of the court has shown an interest in rolling back the so-called Chevron Doctrine, which affords agencies great deference in the interpretation and enforcement of federal law.
After long debating whether it even has this authority, OSHA has suddenly found it, and then has issued one of the most comprehensive health-based standards in its history — all without rule-making or debate. Ironically, the Supreme Court warned against such sudden agency “finds” of regulatory authority. In 2014, the court ruled that “When an agency claims to discover in a long-extant statute an unheralded power to regulate a significant portion of the American economy, we typically greet its announcement with a measure of skepticism. We expect Congress to speak clearly if it wishes to assign to an agency decision of vast ‘economic and political significance.’”
Indeed, the Court recently rejected Biden’s effort to continue the eviction moratorium under the same type of sweeping interpretation by saying “[i]t strains credulity to believe that this statute grants the [agency] the sweeping authority that it asserts.”
In other words, Klain’s confidence may not be shared by some on the court.
The Justice Department will have to find a way around Klain’s “work-around” rationale. It also will need more than a hard-hat rationale in this “hard case,” if it wants to avoid bad law.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. You can find his updates on Twitter @JonathanTurley.
This anti-Constitutional Mandate has absolutely nothing to do with public health or safety. But it has everything to do with Authoritarian Government Control over the population. The Government wants the power to control every facet of people’s lives. That is the end goal. The faux-Vaxx Mandate is just another increment toward that goal. Here’s another statistic that you won’t hear about from the mainstream media presstitutes, who are in the service of the Authoritarian Government: https://thecovidworld.com/jake-kazarek-28-year-old-body-builder-dies-4-days-after-receiving-the-moderna-covid-19-vaccine/.
RIP Cardiologist, sorry you & so many others choose poorly.
https://vaccineimpact.com/2021/cardiologist-medical-doctor-who-wanted-to-punch-anti-vaxxers-in-the-face-dead-after-covid-booster-shot/
Oops!
He chose… poorly.
it’s pathetic, really, that the death of people would be celebrated, worse by physicians, for not taking a vaccine, for an illness that is no worse than the flu. And now when a physician dies (2 weeks after his booster vaccine, which likely makes it unrelated since he was working the day prior on-call), it provokes no sadness, no sympathy, just glee. We’ve become a horrible lot.
And now when a physician dies (2 weeks after his booster vaccine, which likely makes it unrelated since he was working the day prior on-call)… — Estovir
Mostly I agree, but please explain your reasoning behind this statement.
A German publication recently described athletes suddenly collapsing on playing fields, some requiring resuscitation and a few dying, after being vaccinated (one must be vaccinated to play, IIRC). Many were diagnosed with heart aliments, similar to those known to be induced by the experimental C-19 vaccines’ rare side effects, but no one seems able to explain why otherwise perfectly healthy athletes in their teens, twenties, thirties and forties, have suddenly (this year) begun dropping like flies.
When young competitive athletes, in their prime, under the age of 35, suddenly drop dead during athletic performance, it is often due to congenital defects, namely hypertrophic cardiomyopathy, HCM. HCM is characterized as left ventricular hypertrophy and cardiac myocyte disorganization predisposing to ventricular arrhythmias. In brief, they have a heart that collapses upon extreme exertion as competitive sports are known to be, a good thing. It is undetected until death because they appear to be in excellent shape, until they drop.Since athletes often push themselves to inordinate levels, they will ignore chest pain, shortness of breath, heart palpitations. It takes a trained sports physician to detect these symptoms, provided athletes communicate them.
The immune system responds to 2 distinct molecular patterns that causes them to respond. One is Damage Associated Molecular Patterns and the other is Pathogen Associated Molecular Patterns or DAMPs and PAMPs. As stated, cardiac myocyte disorganization is problematic. These will produce DAMPs. Also, arrhythmias will produce DAMPs. The damage comes from hypoxia, which produce reactive oxygen species, and various ischemic anomalies. The immune system will respond, principally the innate immune system, which is the issue. Macrophages, monocytes, dendritic cells all synthesize cytokines and other signals, in response to DAMPs. Inflammation, thrombosis, foam cells from macrophages, etc, result because that is the job of the immune system. Coagulation is intimately involved with the immune system
Thinking through the above, without having read the cases you presented, I am guessing the vaccines might have provoked an already hyper-vigilant, over active immune system. Think of a perfect storm. All of this also applies to obesity, which is an ideal DAMP scenario. Adipocytes (fat cells) actively secrete cytokines similar to immune cells. When a person is obese, their adipocytes are great in number, and all of them are summoning the immune system to attack….the excess weight, another perfect storm. Likewise with elevated glucose levels (Type II Diabetes), hypertension, coronary artery disease, etc. these all provoke the immune system to respond constantly. It becomes an immune dysfunction. As long as they detect damage, and obesity does plenty of damage, the immune system will attack the damage, with disastrous outcomes. That is why these diseases lead to higher death rates due to COVID. Thus I am guessing that these athletes had underlying cardiac genetic defects, which is “damage” per se, which would summon the immune system. The vaccines, along with an underlying cardiac pathology and dysfunctional immune system, might have pushed them over the edge.
The following article is somewhat facile for someone like you to read. It discusses DAMPs and PAMPs. I hope this helps.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6117512/
Thank you, Estovir, for your considered reply and link. I’m working my way through both. Slowly.
If I’m presently material poorly people can have all that I’ve earned from my efforts for this issue, $0.00.
*****
Medical Bombshell: Pfizer Vax Attacks Human Blood Creating Clots Under Microscope
1,186,606 views
Oct 26, 2021
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Special Reports
Special Reports
Highly respected medical doctor and inventor, Richard Fleming, has released a 32-minute detailed presentation documenting his shocking findings. In late 2020, before the Pfizer shot had even been rolled out, top scientists and experts around the world warned the Pfizer and Moderna shots posed extreme risk of causing blood clots, myocarditis and other cardiovascular problems. One year later, Pfizer and Moderna have been forced to issue warnings confirming their controversial MRNA vaccines can indeed cause a long list of problems not just limited to the cardiovascular system. Now, research scientist, Dr. Richard Fleming, has has tested the Covid-19 Pfizer vaccine on fresh human blood samples in-vitro and made a string of nightmare discoveries confirming the medical community’s findings. To find out more about this ground-breaking research, visit Fleming-Method.com
https://banned.video/watch?id=617805b37031df173f85c2d9
I hope you see these piece below I’ve posted elsewhere of some latest of Dr Robert Malone.
There are like in any trade Sane Docs with Integrity & many Insane Docs with No Integrity, like DR Fauci, many at Pfizer, NIH, CDC/HHS along politicians.
*********
“RE: the attempts to impune [sic] my motives for speaking out, this does not bother me. It means that they cannot successfully challenge what I am saying. My motives are simple- I am pissed off by the lies, distruction [sic] of the tech I invented and my profession as a vaccinologist.”
https://thelibertydaily.com/dr-robert-malone-is-pissed-off-by-the-lies/
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Explosive! Dr. Robert Malone: They’re Rushing Into Killing Children
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Nov 11, 2021
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War Room With Owen Shroyer
War Room With Owen Shroyer
Dr. Robert Malone joins Kristi Leigh to reveal the level of damage the vaccines are going to cause to our children and what it might take to wake people up to this danger.
https://banned.video/watch?id=618dc8042fa19644c8b64393
RON KLAIN going back to Al Gore, when he advised Al Gore, has been on the wrong side of the correct ideas and law. Suggest he gets his legal advise from the Left Winf Radical Law Professors at Harvard, who have been wrong for years. Biden has no idea. We have Radical Left Social Justice Control and Authoritarian Fools in the White house or acting as advisers. They did not get the message from the elections people have had it, with Socialist Left Wing Radical policies and Dictates. It appears Biden Admin. is set up for several Losses in the Supreme Court and lets see how they act???? Also, Biden is a one issue President MANDATES VAX/Mask/Covid. If they lose and they will watch for their reaction it should be fun.
This is all about making non vax people wear a scarlet letter on their face. It is meant to “out” the non vaxed so that there will be conflict within businesses. Forcing workers to wear a face diaper at all times is ludicrous. Especially when we have been told that social distancing works.
How can you have any pudding, when you don’t eat your meat.
The entire basis of the mandates are absurd. The administration actually believes Americans are too dumb and do not understand the meaning of the word “emergency”. Nothing is an “emergency” that can be postponed 2-3 months, as Biden and his cabal are doing.
If you are having a heart attack, and EMS says they’ll get there in a month, they must not think it’s an emergency.
If China is dropping bombs in Washington, and the Air Force says they’ll get there in a month, they must not think it’s an emergency.
If an inept administration, tells you they’ll enforce something in 2 months because it’s an emergency and you ever vote for any of them again, the emergency is making sure you never vote.
Things the government or companies in the US should mandate with pursuant penalty of job loss, impoverishment, and social shunning … and ALL of these would ABSOLUTELY SAVE LIVES … Let’s mandate job firings, imprisonment and other punishment to
– Anyone who weighs over the recommended average weight for their age and gender.
– Anyone who drives under the age of 25 or over the age of 75.
– Anyone who is near water or swims that doesn’t wear a life jacket.
– Anyone who uses tobacco, drugs, or alcohol.
– Anyone who does not exercise for at least 30 mins 5 times a day.
– Anyone who gives birth before marriage or has sex and doesn’t use birth control.
– Anyone who doesn’t eat 5 servings per day of vegetables.
You don’t have a constitutional right to a job. Your employer isn’t obligated to keep you employed by law either.
So employers can fore employees who catch AIDS?
Why military (ejercito)? Your name has had my curiosity going for a long time.
As for Svelaz, he is paid to troll. He assumes dozens of sock puppet names, and is on this forum for 2 reasons: to antagonize and get paid. He is not interested in dialogue but just provoking others. His claims are idiotic, and his points have nothing to do with reason: just antagonize. Ignore him
Estovir,
You’re confusing me with S. Meyer. I’ve never changed my persona or my handle on this blog.
AIDS is only transmitted by exchanging body fluids. Mostly semen or blood. It’s not infectious as COVID is which is an airborne virus. AIDS isn’t transmitted just by being near the person infected.
Svelaz, being on the left one would think that you are a good union man. Unions insist that you can only be fired for cause not just the whim of your employer. The question is wether not getting the vaccine is sufficient cause to end your employment. Many police and firefighters unions are defending their members who say they will not be forced to get the vaccine. Are you now against the unions that you were once for. Sorry if this posting further exposes the scrambling of your thoughts.
Thinkitthrough,
I’m not Union. Never have been. There are republicans who are union members.
Unions have contracts that are binding. Not being in a union which is what most conservatives prefer doesn’t offer you the protection of a contract offers.
Not being in a union gives companies more flexibility to fire people. That’s why republicans like it that way. The downside is they are now subject to that same flexibility when it comes to vaccination and masking.
No matter which alphabet agency does it, it is immoral for the government to compel an individual to undergo a medical procedure. (It’s irrelevant whether such coercion is done directly or through a business, or whether there’s an “opt out.”)
This barbaric use of government force against innocent individuals is typical of the Left. They regard something as “good” (e.g., a vaccine), then demand that the government shove it down everyone’s throats.
@iowan2
Follow the science!! Except when it comes to natural immunity.
Aren’t these the same people who tell us there are 72 genders? Or is it 74? Hard to keep s@@tlib parlance straight. It seems they keep moving the goalposts.
antonio
Let’s see. 750k dead in the US from CoVid in less than two years. During the Spanish Flu 700k dead in about the same time. Over 50,000,000 worldwide, prob far more. Of course the context is America now has 3x the population. 3-4x global population. So the present 50m+ worldwide deaths needs to be seen in that context
Oh wait. There are 750k deaths in the US from CoVid but only over FIVE MILLION worldwide? Not 50m, 5m. Wow, a virus that targets developed western nations. CoVid as a virus is not BS, but all of the numbers and data pumped out in the past two years are, as Joey would say, garbage.
The mRNA treatment is a treatment, not a vaccine.
The high in cases USA happened Jan 8th, a falling of a cliff decline to July 4th. The decline far exceeds the rate of mRNA treatments. As the number of treated continued to go up…so did cases… a lot. From 13K cases to 164K cases by Sept 1st.
The OSHA overreach fails on the facts that the mRNA treatment is no doing what OSHA predicts will happen. We are now in the endemic phase of COVID. Something every virologist knew would happen. All know COVID zero was never going to happen
Just on raw efficacy the courts should protect the citizens against an overreaching authoritarian government. IF their is an emergency Congress has the power to act.
Iowan2,
“ The mRNA treatment is a treatment, not a vaccine.”
mRNA, is not a treatment. mRNA is a vaccine. A vaccine is meant to prevent the infection. A treatment is to treat an already established infection.
You offer treatment to a person who already has COVID. You vaccinate a person who hasn’t had COVID.
mRNA is a type of vaccine. The Johnson & Johnson vaccine is not a mRNA type of vaccine.
mRNA does not prevent infection, does not stop transmission.
mRNA lessens severity of infection.
walks like a duck, talks like a…..etc,etc
iowan2, mRNA is not a treatment as you claimed. Prescribing remdisivir when you get COVID is a treatment.
Actually mRNA vaccines do prevent infection on 80% of vaccinated individuals for the delta variant. 95% for the original strain.
mRNA lessens severity of infection.
the purpose of mRNA vaccines is to mimic a pathogen so as to elicit a response by the immune system, particularly the adaptive immune system. Without the immune system, the mRNA vaccine, like all vaccines, would be pointless. It’s the immune system that does the work. The vaccine is merely the bait to prompt the immune system to “prepare” for future trojan horses. This is why current COVID-19 vaccines are less than perfect. Variants use a different trojan horse than what was introduced into your body with a Pfizer vaccine.
its similar to having an alarm system in your house. The alarm system will not protect you from the crook. The alarm system merely wakes you to grab your 9 mm Glock, and shoot the crook. It’s not the alarm system that kills the crook but the 9 mm Glock.
Every American should have weapons to protect themselves at home. The alarm system just buys you more time to shoot the mofo
😉
It is a vaccine, a novel one at that which holds great promise. Like every drug first in class, the Pfizer vaccine is imperfect. Vaccines are introduced not to prevent infection but to induce the development of immune memory. Immune memory is complicated. I posted excerpts from an article published today in New England Journal of Medicine on this very topic due to Turley’s article, but Darren deleted it.
I’ve been hearing reports that these so called vaxxes are now causing Negative antibodies, completely destroyed immune system.
The sickness & death caused by the vaxxes are showing up wherever they are being given.
Over 170 nations have Banned their used as they are to dangerous.
If there was a legal system left arrest of big pharma heads would have already been arrested.
https://www.naturalnews.com/2021-11-11-swedish-doctors-want-pfizer-covid-jab-banned.html#
Hi Oky1, there is no such thing as a negative or positive antibody. There are 5 antibodies: IgA, IgD, IgE, IgG, IgM. The adaptive immune system has 3 prongs that convey long term “memory” immunity once stimulated by the intrinsic immune system (e.g. macrophages, monocytes, dendritic cells, neutrophils, etc). The 3 prongs of the adaptive immune system are
1. B cells which synthesize antibodies or Immunoglobulins, particularly IgA and IgG which are secreted by mucosal tissue
2. CD4 T cells which are known as “Helper cells”
3. CD8 T cells which are known as Cytoxic T Cells
Given that SARS-CoV-2-specific CD4+ T cells and CD8+ T cells correlated with reduced disease severity, while neutralizing antibodies in the same individuals did not, one parsimonious interpretation is that T cells do the heavy lifting for control of a primary SARS-CoV-2 infection.
https://www.cell.com/cell/fulltext/S0092-8674(21)00007-6
in other words, Biden/Klain has their eyes on the wrong endpoint. T cells are the answer, not Antibodies.
I would not encourage you to read naturalnews dot com, but rather scholarly, science specific journals. The article I linked above has over 180 references, a sign of a thoroughly researched review article.
Estovir,
I would encourage Docs/Pros to investigate outside their current bias bubbles.
There’s so many reports from Docs/other pros recently it’s hard for me to keep up & save them back to where I can find them. I’ll find the one report I’m thinking of, 1st this one.
Below is one of thousands of pros that govt/pharma are attempting to have blocked. If you find time take a glance into these people rather the just slamming news sites bring forward real news/info.
******
Dr. Peter McCullough Issues Emergency Warning: Vaccine Created Spike Protein is Deadly in the Human Body
1,103,810 views
Nov 5, 2021
https://banned.video/watch?id=6185b407e19ed5372ded8319
I would encourage Docs/Pros to investigate outside their current bias bubbles
We all have biases. Every single one of us, as does Alex Jones, and you too. I am a devout practicing Catholic. I have friends who are Muslim, Orthodox Jews, my mother-in-law is an Assembly of God church member, my sister in a law a Southern Baptist, a college friend is a Catholic priest in New Orleans, quite liberal, another close friend, a Circuit Judge in Miami, is an atheist, and I consider these close friends. Yesterday I worked in clinic with a very liberal physician and a very conservative nurse practitioner. I consider them friends and we value each other. I expect my staff, my colleagues, my patients, my closest friends to challenge me in all things, with one provision. They have to have facts to support their arguments.
Alex Jones has no facts. He is all about emotion. I have visited his website because of you, and I am dismayed he peddles products that supposedly boost testosterone levels, energy, male potency and concentration. I hope you do not buy any of these products. Today is my research writing day, and I am writing a cardiology review paper as it pertains to HIV and atherosclerosis. So far I have 132 references/ articles to support my paper. I will submit it to the director of translational medicine here at the medical school, who asked me to write it, and hope he shoots as many holes in it to make it better. I hope to have it published in Nature or Cell journal.
Always challenge your biases. Allow yourself to be questioned. Iron sharpens iron. It’s the only way to live
Cheers
“Always challenge your biases. Allow yourself to be questioned. Iron sharpens iron. It’s the only way to live
Cheers ”
I like that.
“Alex Jones has no facts.” This I completely disagree with that but I don’t have the memory I used to have.
IE: Some of those research papers regarding Sars-Cov-2 Wuhan Hu1 bio-weapon & it’s related so called mRNA vaxxes came out years/ a few decades back from places like UT Austin, UT Galveston & of course Chapel Hill NC & some other places forget.
Jones has shown them on video many times & where to find them. I don’t know where to find the searchable written archives, they’d be helpful for me/others.
Noted Attorney/Dr Francis Boyle presented much the 1st info I had seen of these bio-weapons in early 2021.
Enough for now but on HIV you’re looking at today you may want to take a look at the outer HIV shell that was spliced into Sars-Cov-2 Wuhan Hu1 bio-weapon. I think I’m saying that correctly.
There are many rocks used to build functional/successful foundations, choose wisely.
Cheers
1st correction hopefully the only: Noted Attorney/Dr Francis Boyle presented much the 1st info I had seen of these bio-weapons in early 2020.
https://www.theburningplatform.com/2021/11/14/over-a-60x-increase-in-pro-sports-adverse-events-since-the-vaccines-rolled-out/
Estovir,
Those AJ Infowars products, toothpaste, nutraceuticals, X-2 Iodine, etc., waterfilters, air, the ones I’ve used work great or I don’t reorder.
But like the product you mentioned,
“I have visited his website because of you, and I am dismayed he peddles products that supposedly boost testosterone levels, energy, male potency and concentration. I hope you do not buy any of these products.”
That would be “Super Male Vitality”, I have a bottle of that that’s 3/4 full I’d give you. It was to hot for me, it was like I was 17 again walking around with a steal rod in my pants. Been there done that, but who knows what the future is but God. lol
I see you’ve been busy selling mRNA Tech, just like Pfizer, etc., hopefully that industry recovers after this worldwide rollout medical disaster.
BTW: How’s pharmaceuticals sells with like Pfizers blue boner pills doing they’ve been long pumping on all the old media outlets?
If you need more grains of salt, we like the Real Salt brand here. 😉
“ Vaccines are introduced not to prevent infection but to induce the development of immune memory. ”
No. Vaccines are introduced to prevent infection. The development of immune memory is so that infection can be prevented.
Estovir,
I thought they told me AI was going to help people like me get more organized. LOL Ya Right.
***
Let me not butcher these men’s words as much as I did earlier.
Steve Kirsch on AJ’s Infowar with AJ just in the 1st minute or so…….
…… In the UK the numbers are if your age 40 for Example, for several months, like 6 months, vaccine efficacy goes negative to like a 104%…. (sic)
**********
Top Scientist: Getting A Covid Vaccine Can Be More Damaging Than a Heart Attack
58,308 views
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Nov 9, 2021
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The Alex Jones Show
The Alex Jones Show
https://banned.video/watch?id=618b0acdb2140737c337e2cc
(OT) The New York Times and the FBI: Zero Degrees of Separation
When the FBI raided the home of Project Veritas (PV) leader James O’Keefe, it seized cell phones that contained private communication with PV’s attorneys. Lo and behold, the New York Times (who is being sued by PV for defamation) just published a hit piece that includes private communication between PV and its attorneys:
“[I]nternal documents obtained by The New York Times reveal the extent to which the group has worked with its lawyers . . .
“The documents, a series of memos written by the group’s lawyer . . .”
https://www.nytimes.com/2021/11/11/us/politics/project-veritas-journalism-political-spying.html
Apparently, the NYT is now outsourcing its investigative services to the FBI.
Can someone provide a link to the Texas reply brief, which should have been filed yesterday?
Turley as usual engages in contortionist adventures in trying to portray the Biden administration’s novel attempt at legally issuing a mandate. He ignores the simple fact that the covid-19 pandemic IS is considered a national emergency situation. It already caused major economic disruption and untold damage to businesses. Using OSHA to mandate vaccinations is a novel workaround that is necessary. His own employer Fox News has a stricter mandate than Biden’s.
If the appeals court is going to rule on the literal wording of the law. It would be hard pressed to justify that Covid-19 is not deemed a workplace hazard given that it is deadly to more vulnerable workers AND it is just as hazardous as being exposed to other harmful substances in the workplace. The very fact that it causes harm and disruption to businesses should be reasonably viewed as a valid rule. Courts have already denied many attempts at injunctive relief from such mandates at the state level.
Svelz, It wasn’t covid that caused “harm and disruption’ to businesses, it was lockdowns imposed by governors in blue states; it was hysteria on the part of teachers and their unions; it was scare tactics generated by the media and their medical correspondent; it was mass hysteria on an unbelievable scale that was ginned up. You say it’s such a danger to “vulnerable workers.” Those workers should be on a regimen of Vitamins C and D, zinc, and Ivermectin to take their risk of catching covid down to almost zero. A rule of thumb: show me the incentive, and I’ll show you the outcome. Both the incentive and its outcome since the advent of covid have been perverse.
Redcat,
“ Svelz, It wasn’t covid that caused “harm and disruption’ to businesses, it was lockdowns imposed by governors in blue states;…”
Lockdowns were imposed BECAUSE of COVID. When Italy was experiencing a deadly outbreak and deaths were mounting at an alarming rate and the US yet to have any significant numbers of cases AND the unknown effects of the virus at the time a lockdown was the most prudent and reasonable course of action. We were not prepared to deal with COVID just as Italy was. Just the existence of the virus in any community at the time was disruptive.
“Lockdowns were imposed BECAUSE of COVID.”
No. Lockdowns and shutdowns were imposed because some politicians are fascists.
Lockdowns were imposed by politicians who knew nothing about viral spread. Never in the history of infectious disease have the healthy been locked up. The sensible thing would have been to have protected the vulnerable: those with serious illness and the elderly. Down below here, “Sam” pointed to the truth: Lockdowns and shutdowns were imposed because some politicians were drunk on power. I live in a state that endured two lockdowns and all it succeeded in doing was enriching big stores like Walmart. Here’s an example: our small flower shop here was forced to shut down during some of its busiest seasons. But Walmart continued selling fresh flowers. Our flower shop has never reopened. That was replicated over and over and over in every lockdown state. Even people who despise capitalism should have opposed lockdowns because they closed down small family-owned enterprises while driving consumers to the biggest corporations.
redcat: Well said.
On strictly practical grounds, it always struck me as bizarre that the fascists’ “cure” killed the patient. They’re like some wicked doctor: “Gangrene in your toes? No problem. We’ll remove your heart.”
If quarantines had been necessary, then you quarantine the *sick* — not the healthy.
There are many statutory and constitutional issues in play in this case, as well as procedural questions:
1. Statutory:
A. Is the virus an agent, substance or new hazard within the meaning of the ETS;
B. If so, does it pose a grave danger; and
C. If so, is the mandate necessary to prevent the grave danger.
2. Constitutional:
A. If OSHA may be said to have the authority to issue the mandate as an ETS, does this involve a major question affecting the economy or the rights of states so as to require that Congress have granted the authority clearly and without ambiguity;
B. If so, has Congress done so; and
C. If so, does Congress have the power under the Commerce clause to fo so.
3. Procedural:
A. What power does the 5th Circuit have to enjoin the mandate prior to consolidation through the lottery process;
B. Can an injunction it issues have nation-wide application; and
C. Will the court in which the cases are consolidated set aside any injunction issued by the 5th circuit.
Personally, I think the mandate will be defeated because even if the ETS provisions can be said to apply here they do not do so with sufficient clarity to uphold a delegation of this significance. On the procedural issues, I fear the court in which the cases are consolidated, if it is not the 5th Circuit, may well set aside any injunction issued by the 5th Circuit.
As to a Spouse (and the Biden Administration) redefining extramarital relations…..seems to remind me of another Democrat President doing the same thing when Bubba Clinton pointed his finger in the face of the American People on National TV and stated he “did not have sexual relations with that Woman….Ms Lewinski!”.
We all saw how that turned out back then….and no doubt we shall see a redux of that outcome.
The Constitution can be a very pesky thing for Democrats….especially with a Supreme Court that tends to hold with that wonderful Document that founded our system of government.
Turley’s ridiculing Trump’s undermining his own lawyers is worth recalling. It goes to show that Turley never has been a Trumpist despite all the Trumpists here who think he is on their side.
NOT
https://jonathanturley.org/2017/06/07/supreme-court-deliberates-as-trump-becomes-witness-against-himself/
Whenever Turley takes the Biden administration to task for something, it’s commendable that he does not fail to interject that Trump was no better if not worse. I appreciate that Turley feels the need to do so lest his Trumpist followers begin to beat their breasts!
So using Klain’s analogy the administrative staff who work in the office of the construction company should wear hard hats in the office just like the people out on the job sites.
And every employee from the CEO on down should wear their hard hats at all times when not at work, including in their own homes.
And the hard hats themselves should be of a new and promising – yet not fully tested – design.
Yeah, I can see how this is just like OSHA requiring employees to wear hard hats.
Boatschool,
“ So using Klain’s analogy the administrative staff who work in the office of the construction company should wear hard hats in the office just like the people out on the job sites.”
No, but if any office worker has to venture out to the shop floor or worksite they do have to wear a hard hat because the hazard is present. Covid-19 is a hazard that has no boundaries. You can’t just deactivate your vaccine when you don’t need it. The point is being vaccinated is the same precaution behind wearing a hard hat. Just because you are wearing a heard hat doesn’t mean something will always drop on your head when you venture out. You wear it just in case something does. Getting vaccinated is the same thing. You may never get close to being exposed to covid, but on the oft chance that you do you are more likely to be protected from its effects and risking possible hospitalization or long term symptoms or expose others.
No, but if any office worker has to venture out to the shop floor or worksite they do have to wear a hard hat
My baseball hat from the seed corn company, that i washed with 2x start is hard. so that will work. Its a hat and its hard. But not effective.
According the head of the CDC masks are better than the mRNA treatment. Masks are far less invasive, and better
Follow the science!
Even more interesting is the idea that I must wear a hardhat on the job in LA to protect a fellow employee in Kansas City.
JB, it’s even WORSE than that. My hard hat won’t work unless everyone wears a hard hat!
“My hard hat won’t work . . .”
That’s very good.
I’m forced to wear a hard hat to protect the person who’s wearing a hard hat.
Kind of reminds me of communist countries who have a party member embedded in each company to make sure party rules are followed. Is OSHA the ‘party member’ of the Biden admin?
First, I’ve had the vax (2 shots) and the booster., and I think that absent prior recent infection, valid religious exception, or a documented medical reason, everyone should get the jab. Still, the feds lack the authority to mandate this, even tho many governors and legislatures wish that the feds could do that and save their necks. This OSHA “work-around” is a blatant example, and not the first, of this Administrations utter contempt for the Constitution and the Rule of Law.
While SCOTUS could uphold the OSHA rule, it would have to be an extremely tortured decision that the CJ would write so narrowly that it would have no real precedential value.
Those people need to realize that this is not 1932 and the current office-holder is not FDR and, moreover, that he does not have a mandate to simply bypass the Constitution when it suits his fancy
People may wish to check into this D-Dimer Test if they’ve taken the jabs.
https://duckduckgo.com/?t=lm&q=d-dimer+test&ia=web
Lefties sure like to cram down new regulations to force the unconvinced.
Whatever happened to concensus?
Obama’s “Elections has consequences” taken to a new level.
It’s amazing that someone who is a Republican apologist would complain about regulatory over reach. All I’ll say is TEXAS.
You are aware that there is a distinction between the federal government and an individual state
Whig98, the constitution gives congress the power to regulate interstate commerce. Congress created OSHA in 1970 by a Republican president. Nixon to be exact. The executive branch enforces and executes the law. Because the majority of companies do engage in interstate commerce and OSHA has the authority to create these rules. It stands a good chance that the vaccine mandates will hold up. The mandate has exceptions and the option of being tested once a week instead of being vaccinated. The burden of complying isn’t onerous or an overreach given that companies have the option of offering testing in lieu of vaccination.