Howdy All, a few Interesting Items for your information. Enjoy –
In this issue:
1. Fight Back
4. Vax Cards
1. Fight Back. A great PJ Media piece by Victoria Taft last week entitled Fight Back: Here’s How People Are Legally Resisting Dystopian Diktats to Get a Covid Shot or Be Fired. The setup is a discussion of the return of mandates, rules and regulations ostensibly intended to halt or at least control the spread of the COVID Delta variant. Rather than even considering any attempt to encourage those who are unvaxxed, the Usual Suspects on the left – media, public health, government, and democrats – all returned to that what brung them to the dance, good old-fashioned coercion and their particular favorite, segregation aimed at their recalcitrant countrymen, doing everything humanly possible to exchange freedom for what they claim is future safety. If the Delta Variant breakout is any indication, that ultimate safety simply doesn’t exist. A recent favorite is to make getting a jab a condition of employment. All edicts have short deadlines that make it harder to get to the courthouse door before the mass firings begin. This is intentional. Civil Rights attorney Robert Barnes was interviewed on Locals and Rumble about planned and in process lawsuits by people threatened with job loss, mask mandates, and less freedom. These include:
- Challenges to the FDA. Did the FDA follow its own rules, procedures before taking whatever action they have taken? Citizens can file citizens petitions to identify concerns or join existing petitions.
- Religious exemptions. For example, COVID vaccines are derived from proteins extracted from abortion-derived cell lines. Partaking in a vaccine from aborted children offends religious faith and you cannot comply. Request reasonable accommodation for the individual belief. This does not require one to be a member of a particular church or denomination.
- Experimental vaccines cannot be compelled under the 1947 Nuremberg Code. It is against international law to force anyone to take medical treatment against their medical consent. Note that the Tuskegee syphilis experiments are among the reasons black participation in the jab is so low.
- The Americans With Disabilities Act recognizes an employer’s perception of a disability or health status. It is the perception that counts rather than the actual disability. An unvaxxed employee may have a perceived disability in the eyes of the ADA. This one has not been tested in court as yet.
- What if you already had COVID? Requiring someone who already had COVID and has the antibodies is an attempt to substitute the medical judgment of an employer for that of a personal physician. At least one case using this theory is currently in process.
- Civil Rights Violations. NYC’s vax edicts essentially segregate whites from blacks at restaurants, bars, gyms, etc. by virtue of the fact that more whites have gotten the shot than blacks, bringing us smartly to the O’Bamaoid world of disparate impact (I always love using the left’s rules against them – Alinsky’s Rule 4). There may be First, Fourth, Fifth and Ninth Amendment violations against these edicts.
Companies are capitulating to employee lawsuits, with employee unions being on the front lines as they have both the clout and resources. Democrats are expecting people to lose their jobs before they can get the issue decided in court, therefore being much less likely to challenge the edicts. They are counting on it. Final point: Last week I was unable to find adequate information on who and who are not vaxxed. Found the following graphic last week. It is worth your consideration.
2. Texas. Lawfare has spun up nicely in Texas over the course of the last week with democrats filing lawsuits against Governor Abbott and the Texas Legislature. They generally find an elected democrat local judge and win the first-round in district court while losing to a solidly Republican majority on the Texas Supreme Court. Cases have included the following:
- Fleebagger democrat House members filed suit in state court (Travis County – Austin) arguing the arrest order issued by the legislature was illegal. They found a democrat judge that agreed with them. The Texas Supreme Court rejected their argument and overturned the lower court.
- Abbott also vetoed part of the state budget that funds the legislature as punishment for the fleebagger (leaving the state in order to obstruct a quorum) scheme. The Texas Supreme Court found this was a political dispute between the legislative and executive branches that was not an issue of separation of powers they could decide upon.
- Dallas County attempted to install a mask mandate in violation of an Abbott Executive Order prohibiting them. They found an elected democrat judge that agreed with them. The Texas Supreme Court issued a stay on the order pending a hearing. This one is still in process.
- The final lawsuit is in federal court, with fleebagger democrat legislators suing Abbott claiming that attempts to arrest them and return them to Austin for the special session of the Texas Legislature was a violation of their rights, causing anxiety, distress, depriving them of liberty for substantial periods of time, and causing them much discomfort and embarrassment because their reputations have been impaired. This one is still in process.
3. Lawsuit. Final example of lawfare this week comes out of Rhode Island, where two teachers’ union branches – NEA-Rhode Island and NEA-South Kingston sued a mother who is demanding information about Critical Race and Gender instruction in the kindergarten her daughter is enrolled and other schools in South Kingston. This is now a national story with no end in sight. The lawsuit requests and emergency injunction against the parent and school district to prevent the district from turning over records the unions claim are private. Essentially the unions are attempting to intervene in a records request process that they are not formally involved in. What do they have to hide other than everything? Part of me wonders if this is a friendly lawsuit on behalf of the school district which is having a hard time publicly opposing the request. Either way, this lawsuit may put the unions in very serious legal jeopardy, as there is a 2004 Rhode Island Supreme Court opinion which the court found that a non-party to a public records process (the position the unions are taking with this) has no right to prevent disclosure of allegedly non-public information. The opinion relied on a prior union attempt to intervene (different union, different case). In order to win this, the unions must get the Rhode Island Supreme Court to overturn what has been a very clear, very stable opinion for 17 years in the state. A more recent Legal Insurrection piece warns that the two NEA affiliates may have made a historic mistake, exposing themselves to Rhode Island’s anti-SLAPP statute, as well as intrusive discovery to union motivations in this. The parent can make an anti-SLAPP motion. If the unions are found to have been abusing the process, the court can compel discovery, find that the lawsuit is frivolous, grant attorney’s fees, discovery fees, compensatory and punitive damage claims. The standing issue here is critical, for if the unions never had standing to sue, with the law clearly spelled out in a RI Supreme Court opinion, then their lawsuit is arguable frivolous, opening the unions to a whole raft of things the unions will be responsible for paying. And the parent is not unarmed in this battle, having some high-powered legal help. This could be interesting.
4. Vax Cards. One of the things I have been adamant in opposition to is vax cards, mandates and vax passports. I liken them to Walter Williams opposition to smuggling charges, as an unwarranted and illegal government intrusion into commerce and the free market. As such, I have been a vociferous supporter of illegal vax cards and any other way around government intrusion into the health care of Americans. We are now seeing a rising black market in vax cards, passports and other forms of getting around the mandates. As previously stated, mandates ALWAYS drive people away. Incentives work to varying degrees, but mandates are universally able to drive down compliance rates, which is what they are doing that today. The FIB, fresh from their role in the attempted coup of President Trump and persecution of Jan 6 protesters, are busying themselves with busting active black markets for vax cards, citing them as violations of Title 18, USC Section 1017 and other federal laws. No word from those clowns on the actual violation of the FISA Court and FISA warrants sworn out against President Trump and members of his campaign team. Pardon me if I don’t really care who the FIB thinks is doing illegal things until 50 – 100 of them are sentenced to decades in Club Fed for their part in that coup attempt over the last half decade. And we’ve not got around to the release of AntiFa / BLM rioters on the left coast while taking out the sledgehammer against Jan 6 protesters. Equal rights under the law? Not observed. When the time comes to sit on a jury to convict ANY vax card smuggler or fake user, I will not hesitate to find the perp not guilty and award court and legal fees, which is what ended up killing prosecutions during prohibition a century ago.
5. CDC. The government funded fraudsters working for the CDC appear to think they are in the property rights business these days, using their mandates to steal property and income from landlords and other property owners via their eviction prohibition. No matter that the federal courts have pretty consistently found that the prohibitions are an unconstitutional infringement on property rights, the CDC continues on. The rule by scientists is remindful of the old Soviet claim that their government was scientifically based. Lysenko would be proud. Given court orders against evictions and the Harris – Xiden intentional ignoring of those prohibitions, states are in the process of making it up as they go. Latest example comes from TN, one of four states refusing to comply with the newly revised CDC orders. Rationale? The CDC is in violation of the federal courts, including the SCOTUS itself. Did the Harris – Xiden crowd think that they were the only ones who could ignore federal law these days? Silly them.
6. Photos. The woke vermin populating the upper ranks of the military are busily pushing for racial equity all in the name of getting their next promotion from the Harris – Xiden regime. The latest example of this is an effort by the Navy to reinstate the use of photographs in selection boards, justifying the request with the notion that not using photos is harming diversity of those selected for promotion. While they make mewling sounds in support of merit in promotions, what they really are interested in is diversity, which the photos will only make easier to select minorities and women. I can’t wait to see how well this is going to work out. Photos were dropped, much to the approval of those of us with mustaches (always a no-no 3 decades ago) and long hair, in order to force the promotion boards to concentrate on the actual record rather than what the candidate looked like. Appears that worked too well for the current wokesters who are now trying to change the rules once again to continue their purge against white men.
More later –