by William Sumner Scott, J. D.
As the World knows, mandatory vaccination has become an issue for those who wish to remain unvaccinated. The Supreme Court of the United States at 595 U. S. ____ (2022) issued a 5 to 4 decision on January 13, 2022. It applies to the combined cases of President Biden, et al, v Missouri, et al, and Becerra, et al v Louisiana, et al, to require 10,000,000 health care workers, who do not qualify for a medical or religious or other permitted exception, to either be vaccinated or face loss of their job.
Although the employer could elect to withdraw from reimbursement under Medicare and Medicaid programs, that is not likely to happen.
The decision is interlocutory, i.e., preliminary to reaching the merits on the question should the vaccination be required. But its effect is immediate because the employee must be vaccinated by the final date set by the Defendants which is expected to be February 13, 2022, or lose his or her job or the employer lose reimbursement for patients covered under Medicare and Medicaid.
Governor Ron DeSantis has announced that health care workers in Florida will not be required to comply with the rule. It is unclear how he will avoid compliance should the employer allow unvaccinated workers to continue to be employed and the Federal Government elect to cut off funds to the employer. Doubt any employers will be able to withstand the financial squeeze.
Brief History
The States (Missouri and Louisiana, joined by many others in the “et al”) filed to contend that a Federal Government agency, the Centers of Medicare and Medicaid Services (CMS), lacked the authority or the medical justification to issue an emergency rule to require health care workers to be vaccinated.
Because the collection of evidence on the merits of their objections to the vaccinations would take time to complete, and the acquiescence by the health care worker to be vaccinated is permanent, the States sought, and the trial courts granted, an injunction to prevent the vaccinations while the trial on the merits OF their objections proceeded.
The Appellate courts (of both states) affirmed the injunctions and the US Supreme Court agreed to accept an appeal. The scope of the Supreme Court review included “Did CMS have the authority to determine the existence of an emergency and, without public notice or comment, issue the rule?” As mentioned above, by a 5-4 decision, the Supreme Court held that CMS had the authority to determine that an emergency exists, that no public comment period is necessary, and can require that health care workers to be vaccinated.
What’s Next?
The cases before the Appellate Courts are limited to the question of “Is the vaccination necessary and effective based upon information received after the Supreme Court Decision?” SCOTUS took no action to remand the cases to the trial courts. Instead, they vacated the injunctions that stopped enforcement of the rule — with guidance that the CMS authority to issue an emergency rule under the circumstances, without public notice and hearing, cannot be questioned.
It remains to be determined if the Appellate Courts will allow additional factual evidence. The States could elect to seek additional review by the CMS. Absent public outcry, review by the CMS under the Biden Administration is unlikely.
Twitter has reference to @joerogan podcast of interviews of @P_McCulloughMD and @robertmalonemd to assert that Ivermectin and other drugs are more effective cure with less risk of side effects than the experimental vaccinations. Those persons further assert that the vaccines do not prevent Covid-19 infections. Also, the variants may present issues not considered by the courts.
The podcasts are by subscription. Go to Joe Rogan website for terms to view them. The free viewing posted to YouTube and FaceBook have been taken down. They may be reuploaded, so keep checking.
These assertions by the two doctors, concerning the change in the disease, and identification of side effects over time, present material questions of fact. The States are expected to ask the Appellate Courts to consider this new evidence with the request that the cases be remanded to the District Courts for trial.
Should the Appellate Court enter a decision favorable to the States, the Government can ask the US Supreme Court for further review.
Conclusion
In the interim, health care employees must be vaccinated or have a medical or religious exemption or lose their job. This applies at all Medicare and Medicaid Facilities, which pretty much encompasses the universe of health care facilities in the United States.
Note: Strong dissents were filed by Justice Thomas and Justice Alito.
William Sumner Scott is a member of the New Jersey Bar
On the same day (I believe), SCOTUS ruled, in another case, that employers cannot mandate vaccinations simply on the basis that they have 100 or more employees.
Oops. This is not good. How can the First Circuit now grant my appeal? Here is the first paragraph of my apeal brief:
Appellant sought, on December 5, 2020, an injunction against mandatory vaccination for Covid. She gave as her reasons a desire to have her Fourth Amendment rights protected (i.e., against invasion of her body), and a desire to have the Third Branch weigh in generally by stating that mandatory vaccination is unconstitutional. This, she thinks, would help restore the Constitution at a time when many Americans are saying “Government is now controlled by private individuals and entities – for example Bill Gates, Pfizer Pharmaceutical, or the International Monetary Fund — for their own purposes.”
The full slog is here:
https://gumshoenews.com/2021/08/24/appeal-brief-on-mandatory-vax-maxwell-v-secretary-of-defense-and-a-word-on-jacobson-v-massachusetts/
I can’t be bothered to read the decision. I’ve long since lost confidence and interest in the legal system. When I first heard about the decision it sounded like a ‘wisdom of Solomon’ decision where the court gives a bit to each side, bugger the merits of the case.
Watch for whether the matter will be remanded to a lower court to take evidence. If it isn’t, then the fix is in.
Most judges haven’t got a clue in hell as to who’s actually engineering the “fix”
More importantly neither have most people who’re well and truly aware of it, hence their agitation.
From 32 minutes: “There are some major demonic forces at work but reading Michael Heiser’s ‘Demons: What the Bible Really Says’ I’m less perturbed at people in politics & media who’re promoting wickedness”
Review of Michael Heiser’s “The Unseen Realm: Recovering the Supernatural Worldview of the Bible”:
“‘How was it possible that I had never seen that before?’ Dr. Heiser’s survey of the complex reality of the supernatural world as the Scriptures portray it covers a subject that is strangely sidestepped. No one is going to agree with everything in his book, but the subject deserves careful study, and so does this book.”
-John Goldingay, David Allan Hubbard Professor of Old Testament, School of Theology, Fuller Theological Seminary
A commenter named Captain Iron just posted this at deseret.com:
“Among all the vaccines I have known in my life (diphtheria, tetanus,measles, rubella, chickenpox,hepatitis, meningitis and tuberculosis), I have never seen a vaccine that forced me to wear a mask and maintain my social distance, even when you are fully vaccinated. I had never heard of a vaccine that spreads the virus even after vaccination. I had never heard of rewards, discounts, incentives to get vaccinated. I never saw discrimination for those who didn’t. If you haven’t been vaccinated no one has tried to make you feel like a bad person. I have never seen a vaccine that threatens the relationship between family, colleagues and friends. I have never seen a vaccine used to threaten livelihoods, work or school.
If you have been brain-trained, vaccination+booster+mask+social-distance = normal.
Ah, Dee, ya shouldda been there when Justice Thomas asked “Is a vaccine the only way to treat COVID?”
An old schoolmate and best friend to this day share this following text with me. It was sent to him by another old classmate and lifelong mutual friend.
“Sorry mate, I can’t put it any more gracefully but please don’t come to the house.”
So there you have it – 50 (closer to 60) years of youthful bonding, of transitioning from school to adulthood together, of decades of shared experiences – poof – gone in one puff of COVID smoke.
Mission accomplished – the Rothschild/Schwab/Gates/Fauci/Minions Team wins 6-4, 6-1, 6-0.
There’s a good deal more at play than a bit of covid smoke
“Think not that I am come to send peace on earth: I came not to send peace, but a sword.
For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law.
And a man’s foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me.”
MATHEW 10:33 – 37
NSW scare story
1000 health workers admit to quitting because of the injections.
However, NSW is “open” so for the MSM this is an attack piece.
How many workers quit and used a bogus excuse such as “I need to spend more time with my family”. I would guess 3/4 of them or more, so lets say about 5,000 quit, in the period this story covers. Health workers know first hand what’s going on so they would be less injected than the average public, and the average public is less injected than the government and MSM claims.
How many health workers got the fake injections from their workmate ??? Probably lots.
Hopefully I won’t ever be going into any hospital and I have never crashed my car after decades of driving so not expecting to go for any reason.
Rockerfellas HospitalSystem™ and I can live without each other.
https://www.triplem.com.au/story/nearly-1000-nsw-health-workers-ceased-employment-due-to-anti-vax-stance-192750
How many people do not take direct action against the tyrants because they believe the myth of Gandhi and his non-violence (while he harboured a house full of guns)?
I am sure history, if indeed a genuine ‘history’ actually exists in four years’ time, will ponder why so many placed their faith in a justice and legal system that ceased to exist decades ago.
Ergo… there are no judges not owned by the oligarchs.
The lawyers are using legal challenges to make money. They don’t care about the outcome.
And the Law Society is oblivious to its own impending doom, still not realising that the New World Order edicts will entirely eliminate linguistic ambiguity, which is where lawyers make their money. There will be no more litigation. No more real estate or any other contracts to analyse, allocate clauses, and consolidate, because there will be no more ownership.
There will be no barristers, because guilt will be decided in advance of the offense.
I see thousands of Australians feverishly pursuing legal rights that clearly no longer exist. They are chasing chimera and shadows of what once was.
Meanwhile, the enemy is still tiny in numbers, easily overcome, tried and imprisoned; and preferably executed. Yet this opportunity is slipping away, day by day.
History will shake its hoary head helplessly, utterly uncomprehending of such asinine foolishness, then shrugging in acknowledgement of the only phenomenon left standing… the psychology of the boiling frog.
What an ignominious legend to carve on a specie’s tombstone: “Here lies Homo Sapiens; Boiled in slumber, leaving cockroaches and ruins to mark his achievements.”
“the enemy is still tiny in numbers”?
Actually the enemy is the fact that the bulk of the population continues to be manifestly deceived
The banner for normal people to unite under is UAP, nobody else seems to come close, if I’m wrong please enlighten me, how else should we stand up to Globalists and their brainwashed junky minions
Theoretically all those affected by the mandate should be able to construct their own community/economy, however, as intimated above “medicare reimbursements” rule
What I’ve yet to see acknowledged is that, bar the general state of human relationships,the likes of such a system could never have been established in the first place.
CC 767
What a classic analysis. I think the large amount of ” Green Ones ” in the Throne , would be half the problem , 😂
… Democracy – William Pierce
https://worldtruthvideos.website/watch/william-pierce-jewish-democracy_Zqxd7MMvxKIfcNC.html
Our retarded State Premiers could very easily learn from this South Dakota administration.
But obviously this one is not corrupt and owned so our State Premiers cannot compare.
Dicktator, Anasty and McGollum, also include the mental case in NT, hope you finish the year in the worst possible condition, right off the bottom of the scale, locked up in jail at the very least.
Djokovic just got kicked out by the corrupt government team and is leaving this miserable country as I write.
Monoclonal antibodies now restricted (banned) by BigPharma “but they are handing out painkillers like they’re tic-tacs”
https://nationalfile.com/video-dana-white-shuts-angry-journalist-yelled-doctor-ufc-president-praised-ivermectin/
IMOP with all the legal procedural details about Djokovic deportation
(from FB)
Informed Medical Options Party – IMOP
Yesterday at 8:44 AM ·
Sharing: As you would be aware by now, the Australian Government originally cancelled Novak Djokovic’s visa on 6 January 2022, in short, because he wasn’t vaccinated for COVID-19. This decision to cancel his visa was quashed in the Federal Circuit and Family Court of Australia (FCFCA) on 10 January and the Minister for Home Affairs conceded that the actions of her delegates were unreasonable. In the final minutes of this hearing, the barrister for the government indicated that a different minister (Minister for Immigration) may exercise his own personal power to cancel Djokovic’s visa.
To exercise such a power causes significant consequences to Djokovic, including that he would not be able to travel to Australia again for 3 years. This has the potential to cause significant disruption to his tennis career and reputation. Curiously the Minister for Immigration delayed the cancelling of his visa until 5.46pm Friday night (14 January), just three days before the commencement of the Australian Open. The timing of this decision raises ones eyebrows considering the significant difficulties and inconvenience to Djokovic (and the courts) to get a court hearing concluded prior to the commencement of the Australian Open. Very quickly an emergency hearing was scheduled in the FCFCA for 8.45pm AEST that night, and Judge Kelly ordered an injunction to prevent Djokovic from being deported and also referred the matter to the Federal Court of Australia (a higher court) with the view to hearing the case on Sunday 16 January.
Under usual circumstances the case would be heard in the Federal Court by a single judge, the outcome of which either party would have a further right to appeal. Firstly, it can be assumed in Djokovic’s case that regardless of the outcome, the losing party is undoubtedly going to appeal the decision (if there are grounds for appeal). This means that there would not be enough time to hear the case before a single judge and then hear an appeal before a full court (three judges). So Djokovic’s legal team successfully requested to have his case heard immediately before a full court. The may have some advantages for Djokovic as it cuts down potential delay due to further appeals and gets the immediate outcome of three judges. It’s no surprise therefore that the government solicitor opposed this request, although thankfully Djokovic was successful in this request.
In the Minister’s reasons for the second cancellation of his visa, the minister has acknowledged that Mr Djokovic:
· has a medical reason for not being vaccination;
· has entered Australia consistently with ATAGI documents;
· poses a negligible individual risk of transmitting COVID-19 to other persons; and
· is a person of good standing and is known for his philanthropic efforts.
Therefore, his visa was ok, his exemption was legit and he poses a negligible risk to the health of Australians. The whole thing should have ended there. However, the reasons that the Minister is relying on to cancel Djokovic’s visa is because his “presence in Australia may pose a health risk to the Australia community, in that his presence in Australia may foster anti-vaccination sentiment leading to (a) other unvaccinated persons refusing to become vaccinated, and/or (b) other unvaccinated persons being reinforced in their existing view not to become vaccinated, and/or (c) a reduction in the uptake of booster vaccines.” This has been based on the following reasons:
• He made 2 posts in 2020 that he was against mandatory vaccination, such as he “wouldn’t want to be forced by someone to take a vaccine” to travel or compete in tournaments
• He is a “high profile unvaccinated individual”
• He attended a photoshoot on 18 December 2021 while infected with COVID-19
• That there is a risk of “an adverse reaction by some members of the Australian community to Mr DJOKOVIC’s presence in Australia” and that these people “may themselves be a source of discord and create public disruption”
The kind of powers that are being used to cancel Djokovic’s visa are extreme powers that should not be exercised lightly. An ordinary member of the public would expect that these powers might be used to cancel the visa of a terrorist, or a person who engages in criminal activity. It is a scary thought that such powers would be exercised on unvaccinated people as it’s not actually illegal to be unvaccinated.
When I bailed on America in Feb ’82 I was proud to call Australia my home. I loved flying back into Sydney after spending some time overseas.
Crikey, this plandemic has brought out the worst in the population and the sleazy politicians. Thankfully, I live in a small country town and the people are more down to earth.
Australia’s reputation has sunk very low and the recent Djokovic decision has pushed it down even lower. – I’m still proud to be an Australian in spite of all the dickheads. I’m looking forward to the elections in May (that is if they are actually held). Maybe things might get turned around after that.
I heard they were planning to move the budget date along by a few months which means the last date for the election would be moved along to about July or August. Hopefully people in Arizona will sort a few things out sooner rather than later. How hard can it be ???
Arriving in Darwin in 66 after a year and a half in Melbourne, I under the tutelage of Jimmy Boweditches readers got tainted a gas oven operator, steamroller driver and Jew burner. Took a while to get used to until I got to know the Ozzy kind of humour.
At first I was appalled by the blatany national pride displayed by the locals. A pride, mostly gone now, I had none of in my luggage. It was not taught in Germany after 1945, quite the opposite.
Thanks to Jimmy his endless war and horror stories which are still perpetrated periodically by the MSM I got motivated to research history and found that opened eyes see things often in diffent lights.
As far as stories are concerned, don’t loose a war. But you would not know that, having never lost one, well if we forget about N Korea, Vietnam and Afghanistan. But these ‘skirmishes’ where Yanqui ones, 😉 lest we forget. But our prime ministers seem not to have noticed that. Gough Whitlam’s way of demise is still spooking in the crannies of their minds. Unheeded are the warnings of M Fraser, and he would have known, not to have too close relations with the USA. Their promises can not be trusted, ask Gorbachev and Putin for confirmation.
Following our friends with their China politics, the latter cancelled our coal contracts, guess who took up the slack? Any idea? You sure we need friends like that?
Little bit of USA history, they made over 500 treaties with the Indians, the red ones, and kept not one!
They have different names for Germans in the north of Norway where they got bombed, one is something like “devil in the hole” as I recall.
Various places around Europe still resent Germans but none more than the English.
Queensland got punished on coal and now they aren’t getting the revenues they once were but hey, look at the state government and ask yourself, would you like to see them better funded ? Maybe you’d have a bar-code stamped on your forehead by now.
And because the money ran out, now you have a larger number of discontented citizens, distrusting government and all primed to support their very interesting local politicians. Nobody does interesting politicians like Queensland. Meanwhile it’s the Globalists who are demanding we stop expanding coal. Personally I don’t care either way, so long as the independents win and the red party is kicked out.
W.A. Premier McGollum, I hear, has been begging people to come forward for testing. The government has come up with a hoax story about a massage parlour spreading germs everywhere. Even with the dust-masks on there are 12 year olds and under everywhere spreading “the virus”. But the wise and clever government has isolated everything to a massage parlour. We pay dearly for geniuses like this to run the place and tell us what to do, now on a daily basis, by decree.
What wise and wonderful geniuses we have to lead us.
We are told pets need injections because they can get the virus but don’t worry, they can’t pass it on !!! WTF ? The virus knows to stay on the pet, and on the 12 year olds, and only to jump off if it’s on a 13 year old human. How does the government know exactly what age range the virus is programmed to jump on and off of ? I guess that’s why they are paid so much, because them so smart and we so dumb.
We see on TV queues of people in cars, the fake news says they are worried and want to get tested. How do we know these aren’t file photos of a petrol queue, possibly even lining up for toilet paper. Who would be so stupid as to voluntarily queue for a test, where, if you passed, they locked you up for two weeks ? Are there really people that are this dumb, how did they get their driver’s licence ? How do they find their way home at night ?
Meanwhile in China the CCP has invented “skynet”, a thing formerly from a science-fiction movie, perhaps “Terminator” or one such. The CCP’s skynet is to locate dissidents and they then go and kidnap them. Various countries are signed up to human rights treaties but they walk both sides of the street and allow the CCP’s squads to enter, Switzerland was mentioned.
Pfizer anagram – less than one minute
https://www.brighteon.com/0c045422-6643-4b02-8a44-b16d4e3229c0
Tony Ryan for monarch.
And Diane DeVere for archbishop of Cantebury.
No, I’m serious.