(L) Protestors of vax perform the Haka. Photo: Sanka Vidanagama, AFP (R) Justice Francis Cooke of the New Zealand High Court
by Mary W Maxwell, LLB
My lawsuit against mandatory vaccination for Covid in the US has recently been denied at the First Circuit Court of Appeal, Boston for lack of standing. My main claim is that the Fourth Amendment of the US Constitution protects my right to bodily integrity. The precise wording of “the Fourth” is: The right of the people to be secure in their persons… shall not be violated….”
I did not refer, in my pleadings, to the Nuremberg Code. First there is no need for it; the Fourth Amendment suffices. Second, statutory law, as codified in the United States Code (USC) does not guarantee anything regarding medical experiments. At 38 USC 7331 we see that “The Secretary shall prescribe regulations… all patient care shall be carried out only with the full and informed consent…”
Hot News from New Zealand
In New Zealand, however, the Bill of Rights Act 1990 (updated in 2013) explicitly provides, in its item 10, that “Every person has the right not to be subjected to medical or scientific experimentation without that person’s consent.”
A person in New Zealand protesting mandatory Covid vax would not even need to make a point about experimental medicine. Item 11 in the New Zealand Bill of Rights says: “Everyone has the right to undergo any medical treatment.”
Be that as it may, the NZ government has ordered that certain workers be fully vaccinated. Namely those in Defense, Education, Police, Fire, and Corrections. Their deadline for getting the booster shot was Thursday 24, 2022.
However, on February 25, 2022, the High Court ruled that the mandate for vaccination was in breach of the Bill of Rights and that it was not a “justified breach.” Justice Cooke, who is the son of a famous judge and British law lord, the late Baron (Robin) Cooke of Thorndon, spoke only of police and defense, as those were the plaintiffs in the case. It remains to be seen if Prime Minister Jacinda Ardern will proceed to lift the mandate.
His Honor Honored Parliamentary Supremacy
Like Australia, New Zealand practices “parliamentary supremacy.” The Bill of Rights Act came about in 1990 as a statute. It is not “entrenched” as in a constitution. This means that other statutes are theoretically able to change it, or can act contrary to one or more of the rights listed.
But here we see Justice Cooke specified that the decision that the vax mandate was not justified. The relevant provision in the Bill of Rights says:
Section 5. …”the rights and freedoms … maybe subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
Section 4 of the Bill of Rights says that “No court shall, in relation to any enactment… hold any provision of the enactment to ne impliedly repealed or revoked…..” As far as I am aware, the vax mandate was not a law; it was an order, and therefore not covered here by Section 5.
To satisfy Section 5, the judge looked back at the law about limiting the spread of Covid and found that the present order (vax for certain workers) was different. He said:
“I should make it clear what this case is not about. The order being set aside in the present case was not implemented for the purposes of limiting the spread of Covid-19.”
Rather, the purpose had to do with “continuity of vital services of Defense and Police.” Justice Cooke calculated that the numbers of officers affected was not significant. Among 5,600 police, only 164 had refused vaccination, and among 15,500 soldiers only 115 had refused.
The court additionally ruled in favor of the claim of some of the plaintiffs that the vaccination interfered with their religion, as the Pfizer vaccine contained some cells from aborted fetuses. Item 15 in the Bill of Rights Act of 1990 says: “Every person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.”
On the Streets of Aotearoa Today
I take this opportunity to mention a few other 1990 Rights that Kiwi’s must be thinking about as they protest Covid-related restrictions:
- Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.
- Everyone has the right to freedom of peaceful assembly.
- (1) Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand. (2) Every New Zealand citizen has the right to enter New Zealand. (3) Everyone has the right to leave New Zealand….
Comparing My Case
My case (linked below) is entitled “Maxwell v US Secretary of Defense et al.” It seeks a restraining order against the forced vaccination of myself, not soldiers. The reason I named the Secretary of Defense as defendant (I also name the head of FEMA and Department of Health and Human Services) is that when President Trump first announced the rollout of the vaccine he put it in the hands of the defense department.
As my case has been denied at the appellate level, my only hope now is the US Supreme Court. SCOTUS only takes about 5% of the cases it receives each year. They usually take ones that have a significant constitutional issue.
I am particularly looking to have SCOTUS overturn its 1905 ruling Massachusetts v Jacobson. That was the case of a man who refused his state’s order to get vaccinated “or incur a $5 fine.” At the highest court, in a 7-2 ruling, it was decided that the state (actually it was the Municipality) did have a right to make such a rule and therefore Mr Henning Jacobson had to pay the fine.
The rule had been made by the Board of Health of Cambridge Massachusetts. In 1902 it issued the following regulation:
“Whereas, smallpox has been prevalent to some extent in the city of Cambridge and still continues to increase; and whereas it is necessary for the speedy extermination of the disease that all persons not protected by vaccination should be vaccinated, and whereas, in the opinion of the board, the public health and safety require the vaccination or revaccination of all the inhabitants of Cambridge; be it ordered, that all the inhabitants of the city who have not been successfully vaccinated since March 1, 1897, be vaccinated or revaccinated.”
The judges said: “We now decide only that the statute covers the present case, and that nothing clearly appears that would justify this court in holding it to be unconstitutional ….”
SCOTUS ruled (correctly in my opinion) that health matters are a state dominion, not federal. Bit under the Fourteenth Amendment, it could knock down a state law. Justice John Marshall Harlan, writing for the court in 1905 (a hundred and seventeen years ago!) did leave room for intervention on Bill-of-Rights grounds. He wrote:
“Before closing this opinion we deem it appropriate, in order to prevent misapprehension as to our views, to observe … that the police power of a state, whether exercised directly by the legislature, or by a local body acting under its authority, may be exerted in such circumstances, or by regulations so arbitrary and oppressive in particular cases, as to justify the interference of the courts to prevent wrong and oppression….”
Travel
Right now, I would like to go to NZ but the airlines require vaccination….
Here is some goosebump material for you: God Defend New Zealand, sung in Maori, English, and Sign Language.
God of Nations at Thy feet
In the bonds of love we meet
Hear our voices, we entreat
God defend our free land
Guard Pacific’s triple star
From the shafts of strife and war
Make her praises heard afar
God defend New Zealand
E Ihowā Atua
O ngā iwi mātou rā
Āta whakarangona
Me aroha noa
Kia hua ko te pai
Kia tau tō atawhai
Manaakitia mai
Aotearoa
Men of every creed and race
Gather here before Thy face
Asking Thee to bless this place
God defend our free land
From dissension, envy, hate
And corruption guard our state
Make our country good and great
God defend New Zealand.
Oh well, now we can understand why the NZ Rugby All Blacks usually beat the Wallabies
God is the referee.
Poor Fitzsimmons, if only he could find and recognise the referee.
What presents as the NZ government is a non-public trading corporation.
Supreme Court Annotated Statute, Clearfield Trust Co. v. United States 318 U.S. 363- 371 1942
Whereas defined pursuant to Supreme Court Annotated Statute: Clearfield Trust Co. v. United States 318 U.S. 363-371 1942: “Governments descend to the level of a mere private corporation, and take on the characteristics of a mere private citizen . . . where private corporate commercial paper [Federal Reserve Notes] and securities [checks] is concerned . . . For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government.”
When the said NZ corporation pretending to be a government grants rights, those rights only pertain to the chattels that the government created or that are prepared to pretend that they are creations of that corporation. (if you use the Birth Certificate as a form of identification without having done something special with the certificate signed by your parents, then you have such a pretender)
Where are the people’s unalienable rights, that cannot be taken from them ?
You have to use the equity jurisdiction which has been made redundant, but still can be accessed.
The original Declaration of Independence iterated these rights.
The Coronation Oath of Queen Elizabeth II, Queen of the UK and the various colonies, of which the original Commonwealth of Australia is one, also undertakes to protect the unalienable rights of the people.
Granted the people can give these unalienable rights up, which is what the people have been tricked into doing.
But they are unalienable rights, and the equity jurisdiction allows one to correct mistakes made in the past if one was ignorant of their rights.
The Courts act with impeccable juristic precision.
peterbro, well done; its no diff here in Aust.
The courts ‘act’ for the corporation which is why they must ‘try’ you in your capitals surname identity, as do the cops, hospitals, schools, universities, etc.
Only the banks and the reserve ‘act’ independently as they are under direct globalist bankster control.
From NZ bill of rights ( aspirational ) above:
“14 Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.”
Christchurch massacre video banned in NZ with nasty penalties
Here’s the Crowhouse “How they did it” video
Take out the XXXX
https://www.bitXXXXchute.com/video/m6VEkh4EME0/
And also on topic, here’s a reminder of Victorian Corporate Health Officer Brett Sutton explaining why he’s exempt from getting the injections
https://rumble.com/vse570-no-jab-for-public-servants.html
“God Defend NZ” English song translated into Maorie language is bizarre, the place was invaded by the English and it was game over, and now they got them singing the song, they should make up their own song and put Jacinta in the cooking pot
Maories sing about cannibalising the English
( puha = spinach, pakeha = english ) (3 min)
I know some Cabinet ministers….
“The NZ government has ordered that certain workers be fully vaccinated. Namely those in Defense, Education, Police, Fire, and Corrections”
Well that’s nothing compared to what WA has had to weather:
https://www.wa.gov.au/government/covid-19-coronavirus/covid-19-coronavirus-mandatory-covid-19-vaccination-information
First dose by 31 December 2021 and fully vaccinated by 31 January 2022
Specific cohorts of critical workers working in the following premises/locations or roles:
Supermarket, grocery, bakery and food distribution centres
Restaurant, pub, bar, café or fast food
Department stores
Hardware store
Child care or family day care provider
School or boarding school (teachers and other support staff)*
TAFEs and colleges of vocational education
Financial institution
Critical infrastructure and services necessary for the health, safety or welfare of the community, any person, animal or premises
Veterinary clinic
Utilities - power, gas and water, public and private
Security provided to critical providers/workplaces only
Government regulators
Domestic and commercial waste and resource recovery
Petrol station, truck stops and roadhouses
Public transport
Commercial transport including taxis, rideshare and other passenger services
Remaining Port operations
Remaining commercial transport, freight or logistics
Hotel, motel or other accommodation facility to provide accommodation services
Funerary or mortuary services
Building, maintenance or construction services
Staff working in or entering remote Aboriginal communities
Employees in workforces who did not previously fall under the WA Government’s mandatory vaccination policy but work at a venue that falls under the proof of vaccination requirements.
Employees in these workforces must have received their first dose by Monday, 31 January 2022, and be double dose vaccinated by Monday, 28 February 2022.
This includes workers in the following premises/locations/venues:
indoor entertainment venues, including play centres, gaming and gambling, theatres, concert halls, museums, cinemas and live music venues:
bottle shops;
major stadiums;
gyms, fitness centres and health studios;
amusement parks and the Zoo; and
music festivals and large events with more than 500 people, unless exempt.
small wonder that the supermarket shelves are more barren than they ever were in 2020
Don’t miss this:
“Former Blackrock portfolio manager Edward Dowd is exposing the Pfizer fraud” and the shite is hitting the fan: Moderna stocks down over 70%.
https://libertyladydotblog.wordpress.com/2022/02/17/its-fraud-former-blackrock-exec-edward-dowd-exposes-covid-with-alex-jones/
The globalists are satanists, all of them freemasons.
As a result, our cities are full of evil and perversions, everywhere corrupt leaders running the system and we the people dependent on them for goods and services.
They control all media, banks, pig pharma, most other industries and all politicians. They have now locked down the whole world and are enforcing mass bioweapon eugenics.
Proving that one race is more special than others is BS. Their trancehuman theory that computers and machines can be compatible with us to create machine/human hybrids is extended BS. Their goals are to control all finances and to control all children for evil purposes, using them for drug research, sexually abusing them and murdering them so that their blood can be harvested to make the drug Adrenochrome and their body parts sold to highest bidders. We are watching a staged production. They decided decades ago to demolish all economies (as in 911) with insider trading, their utterly dismal ‘great reset’ is the code of vaxxx ID agenda.
Ant, take a stab at this, if you care to. How did the schoolteachers get converted?
I don’t know of any private high school in Oz that seeks to imbue kids (as it used to) with either a sense of high culture, or character-building. How did teachers lose their penchant for that sort of thing?
Most teachers need to eat and have a roof over their heads, thus will do whatever is demanded of them.There are some strong personalities who refuse to be pushed around in this manner who’d rather resign and do so. Sadly, such dedicated people are too few in number.
Putin hands Western nation wreckers “Get Out Of Jail Free” card so let’s not get distracted
February 27, 2022 Steve Cook COMMENTARY, FREEDOM, Spotlight, Tyranny, WORLD 1
Intro by The Masked Writer
The subversive criminals responsible for the mass poisoning event disguised as a “vaccine” program, having set in train mass death and injury along with crippling economic damage, know that once the pain of what they have done is felt by their victims – the citizenry – there is going to be very serious civil unrest.
Hence, no lie or deceit will be left unturned, no opportunity forsaken to distract or bewilder, no effort to expunge human rights spared in a drive to avoid the consequences of their acts of war against their own people.
One such distraction obligingly presented by Russia just when they needed it most, is of course the attack on Ukraine. Undoubtedly our globalist stooges are immensely grateful to Vladimir Putin for handing them this “Get Out of Jail Free” card.
It is remarkable how often a lovely war comes along in the nick of time to rescue to our political elite from their comeuppance, just when it looks like We The People might finally have run out of patience with the loons who wreck our nations and poison our children.
It is remarkable too how often we fall for it.
Maybe just this once we won’t.
It is vital that we keep our eye on the ball regarding the murder of our fellow citizens, the destruction of our standard of living and the continual effort by the globalist subversives who have infiltrated and suborned our government to nail shut the door of human rights and personal liberty.
If we do not, we will not find peace – or safety.
With that in mind, the following article, from the excellent and very highly recommended Brownstone Institute, is deserving of a thorough read (we’ve added some emphases)
Read on –
https://www.thelibertybeacon.com/putin-hands-western-nation-wreckers-get-out-of-jail-free-card-so-lets-not-get-distracted/
It appears the mandate was upheld by same judge in October 2021 re aviation security workers on the basis of it’s efficacy in reducing the transmission of the Delta variant, whereas it’s had zero effect on the spread of Omicron. Which kinda sums up just how fickle/specious the “rights” ethos actually is.
But at least there’s some form of reason at play – which is more than can be said for the political decision making of the hour