Tuesday, December 12, 2023


Supreme Court endorses end of Federal COVID-19 Vaccine Mandates

In unsigned rulings, the justices said that rulings against mandates imposed by President Biden and the U.S. military have been vacated.

They also remanded the cases back to lower courts with instructions for the courts to vacate preliminary injunctions that had been in place against the administration as moot.

The decisions mean that the rulings won't act as precedent in future vaccine mandate cases.

“We believe the United States Constitution clearly does not permit the federal government to force federal workers—or any law abiding citizen—to inject their bodies with something against their will. In fact, the freedom to control your own body and your own medical information is so basic that, without those liberties, it is impossible to truly be ‘free’ at all," Marcus Thornton, president of Feds for Freedom, said in a statement. "We are disappointed that the Supreme Court dodged these important Constitutional arguments and instead chose to vacate our case on technicalities."

One case was brought by Feds for Freedom and involved President Biden's mandate for federal employees. The mandate was imposed in 2021, with the president claiming that vaccination was the "best way to slow the spread of COVID-19" and that requiring vaccination would "promote the health and safety of the federal workforce and the efficiency of the civil service.”

U.S. District Judge Jeffrey Brown had ruled previously that the president lacked the authority to impose the vaccine mandate.

Another case was brought by a federal worker who recovered from COVID-19 and thus enjoyed some protection against the illness but was still being forced to receive a vaccination under President Biden's mandate because the government refused to formally recognize the post-infection protection. Jason Payne, the worker, said the mandate exceeded President Biden's authority.

In the third case, federal judges ruled that the U.S. Air Force's handling of its mandate was illegal, and prevented the branch from taking disciplinary action against members who had requested religious exemptions.

Government lawyers urged the Supreme Court to rule the decisions in these cases as moot, given that the vaccine mandates were ended.

"Consistent with this court’s ordinary practice under such circumstances, the court should grant the petition for a writ of certiorari, vacate the judgment below, and remand with instructions to direct the district court to dismiss its order granting a preliminary injunction as moot," the lawyers wrote in one petition to the court.

Mr. Payne's lawyers also asked for the decisions to be ruled as moot, after two courts ruled against him and following the rescinding of the mandate that affected him.

Lawyers for the other federal workers and for the military members opposed the request.

The government was asking the Supreme Court to endorse a "heads we win, tails you get vacated" version of a previous court decision, United States v. Munsingwear, lawyers for the federal workers wrote in one brief. If granted, the government would be able to "litigate to the hilt in both district and circuit court and—only if they lose—then decline to seek substantive review from this court and instead moot the case and ask this court to erase the circuit court loss from the books," according to the brief.

Lawyers for the military members noted that Congress forced the military to rescind its mandate, but that the legislation didn't prevent the Department of Defense from issuing another mandate.

Government lawyers said the mandates were rescinded because the pandemic situation had changed, not because they were challenged. They also argued that the mandates "cannot be reasonably expected to recur."

Lawyers for the military members said that the claim was "in serious tension" with the demand to vacate the rulings under the Munsingwear precedent, given that the purpose of such a move "is to clear the path for future re-litigation without res judicata concerns."

None of the Supreme Court justices except for Justice Ketanji Brown Jackson, who was appointed by President Biden, explained their decisions on the cases.

"Although I would require that the party seeking vacatur establish equitable entitlement to that remedy, I accede to vacatur here based on the court’s established practice when the mootness occurs through the unilateral action of the party that prevailed in the lower court," she said in regard to Mr. Payne's case.

In the two other cases, Justice Jackson said that the government hadn't "established equitable entitlement" to vacatur, but that she concurred with the overall judgment from her colleagues.

She cited a Dec. 5 decision in which the court ruled against a civil rights activist who sought a ruling that would force hotels to make information for disabled people publicly available.

Justice Jackson sided with the majority in that ruling but contested the majority's decision to vacate a lower court ruling, arguing that vacatur—or the setting aside of the judgment—shouldn't be granted automatically.

"Automatic vacatur plainly flouts the requirement of an individualized, circumstance-driven fairness evaluation, which, as I have explained, is the hallmark of an equitable remedy," she wrote.

It's also "flatly inconsistent with our common-law tradition of case-by-case adjudication, which 'assumes that judicial decisions are valuable and should not be cast aside lightly,'" Justice Jackson said, quoting from yet another ruling.

"As a general matter, I believe that a party who claims equitable entitlement to vacatur must explain what harm—other than having to accept the law as the lower court stated it—flows from the inability to appeal the lower court decision."

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Covid has much more severe post vaccination symptoms than influenza

Many of my Op-eds have examined symptoms/diseases in VAERS (Vaccine Adverse Events Reporting System) following COVID-19 vaccinations. Each Op-ed has focused on a different organ (e.g., renal, skin) or system (e.g., cardiovascular, neurological, musculoskeletal). These Op-eds have also included a section comparing frequency of symptoms that occurred following COVID-19 vaccinations and Influenza vaccinations. For some symptoms, the difference between COVID-19 symptom frequencies and Influenza symptom frequencies was quite large, COVID-19 always being larger. For other symptoms, COVID-19 relative frequency was noticeable, but not nearly as large.

Are there any patterns to those symptoms showing either 1) massive differences in their frequencies following these vaccinations or 2) modest differences following these vaccinations? To answer this question, it was decided to examine ALL the symptoms listed in VAERS following COVID-19 vaccinations and following Influenza vaccinations. The focus would be on the two extremes: massive differences between the symptom frequencies of each vaccine, and extremely small differences, including the ~1/3% of cases where Influenza post-vaccination symptom frequencies were larger than those of COVID-19.

METHODOLOGY

In late November 2023, the VAERS database was accessed, and all the symptoms following COVID-19 vaccinations and following Influenza vaccinations were downloaded, including those symptoms with zero entries. For each case, a total of 17716 symptoms was downloaded. The two sets of symptoms were combined, and the ratios of 1) symptom frequencies following COVID-19 vaccinations to 2) symptom frequencies following Influenza vaccinations were computed.

RESULTS AND DISCUSSION

The ratios were divided into five groups, and the extreme ratios from each group are shown in Appendices 1-5. The five groups are: 1) Symptom frequency post-Influenza vaccination zero (total of 12771 symptoms - see Appendix 1); 2), Symptom frequency post-Influenza vaccination one (total of 1809 symptoms - see Appendix 2); 3) Symptom frequency post-Influenza vaccination two (total of 720 symptoms - see Appendix 3); 4) Symptom frequency post-Influenza vaccination greater than two, and the COVID-19/Influenza symptom frequency ratio is one or greater (total of 2346 symptoms - see Appendix 4); 5) Symptom frequency post-Influenza vaccination greater than two, and the COVID-19/Influenza symptom frequency ratio is less than one (total of 66 symptoms - see Appendix 5). The symptom frequencies for all symptoms following COVID-19 vaccinations total 4,186,684 events, and symptom frequencies for all symptoms following Influenza vaccinations total 178,284 events. This yields an overall aggregate COVID-19/Influenza post-vaccination symptom ratio of 23.48........

Overall, the number of symptoms post-COVID-19 vaccinations that have massively higher frequencies than their influenza vaccination counterparts are over a thousand even when limited to the very high threshold ratios of thirty or more that were used as cutoff. It is difficult to see how any credible scientist or regulator can consider differences on the order of those shown in this study as anything other than signals of an extremely unsafe substance.

SUMMARY AND CONCLUSIONS

All the symptoms listed in VAERS following COVID-19 vaccinations and following Influenza vaccinations were compared for numbers of events associated with each symptom. The analysis focused on the two extremes: massive differences between the two vaccines, and extremely small differences, including cases where Influenza post-vaccination symptom frequencies were larger than those of COVID-19.

The symptom frequencies for all symptoms following COVID-19 vaccinations totaled 4,186,684 events, and symptom frequencies for all symptoms following Influenza vaccinations totaled 178,284 events. Since the VAERS numbers strongly under-represent the real-world numbers, they need to be multiplied by an under-reporting factor (URF) to translate into numbers of real-world symptoms. Using my most recent URF value of 66, the real-world symptom frequencies for all symptoms following COVID-19 vaccinations totaled 276,321,144 events, and real-world symptom frequencies for all symptoms following Influenza vaccinations totaled 11,766,744 events. The ratio of these two event totals yields an overall aggregate COVID-19/Influenza post-vaccination ratio of 23.48.

Cardiovascular issues, blood issues, and cancer issues were some of the more noticeable sub-themes that displayed extreme differences between 1) post-COVID-19 vaccination symptoms and 2) post-influenza vaccination symptoms. However, neurological, immune/autoimmune, respiratory, renal, gastrointestinal, infection, endocrine, auditory, vision, skin, musculoskeletal, and myriad other disorders had significant representation at the extremes as well. One disturbing feature of the results is the large number of “breakthrough COVID-19” cases that occurred post-COVID-19 vaccinations. What kind of vaccine increases vulnerability to the infection that the vaccine is supposed to prevent?

While all these disorders are concerning, perhaps the disorders of highest concern are the Cancer issues. Cancers are appearing within (sometimes well within) the three years since COVID-19 vaccinations started, far sooner than would be expected from their typical latency periods. This does not bode well for the future. Given the destructive nature of the mRNA platform on the surveillance and attack/destroy functions of the immune system, all the vaccines projected to operate on this platform for the future (e.g., RSV (respiratory syncytial virus), HIV, Zika, Epstein-Barr virus, tuberculosis, malaria, shingles, and flu) will only increase the likelihood of Cancers cumulatively with each injection.

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Also see my other blogs. Main ones below:

http://edwatch.blogspot.com (EDUCATION WATCH)

http://antigreen.blogspot.com (GREENIE WATCH)

http://pcwatch.blogspot.com (POLITICAL CORRECTNESS WATCH)

http://australian-politics.blogspot.com (AUSTRALIAN POLITICS)

http://snorphty.blogspot.com (TONGUE-TIED)

https://immigwatch.blogspot.com (IMMIGRATION WATCH)

https://awesternheart.blogspot.com (THE PSYCHOLOGIST)

http://jonjayray.com/blogall.html More blogs

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