Tuesday, December 7, 2021
Whose "Community Standards"?
Wednesday, December 1, 2021
A Good Question Raised by U.S. District Judge Terry Doughty
The CMS Mandate does not yet require boosters to the COVID-19 vaccines. However, the CDC recently recommended boosters. If boosters are needed six months after being “fully vaccinated,” then how good are the COVID-19 vaccines, and why is it necessary to mandate them?
Judge Doughty's question is spot-on and apparently had not been answered to his satisfaction. Indeed, how could it have been? This is one of the worst conundrums of arbitrariness that the President faces. The drug companies and the federal agencies admit that the injections lose protections after six months, but the mandates grants employment privileges to those who took them a year ago, while banishing those who decline. Makes no sense.
The Administration's only way out of this Bermuda Triangle of logic is to require booster shots, which would have happened had that FDA advisory panel not rejected the booster application in September. Until boosters are mandated, the mandate makes absolutely no sense as anything but a political loyalty test.
Tuesday, November 30, 2021
Federal Vaccine Mandates Found Not Immune to Challenges- Roundup
5th Circuit's order in BTS Holding v. OSHA on 11-12, enjoining the OSHA mandate.
Judge Winsor's order on 11-12, rejecting the claim rejected a claim by the U.S. Department of Defense (DOD) that the Pfizer-BioNTech COVID-19 vaccine being administered under Emergency Use Authorization is interchangeable with Pfizer’s Comirnaty vaccine.
Judge Merryday's order on 11-22, requiring the military branches to provide information about exception grants on a schedule to prove the exception grant process is not "a ruse."Biden Administration's kicking of the can on the federal employee mandate out until January.Judge Schelp's order on 11-29, enjoining the federal healthcare worker mandate in 10 states.Judge Doughty's order on 11-30, enjoining the federal healthcare worker mandate in all other states.Judge Tatenhove's order on 11-30, enjoining the federal contractor mandate in 3 states.
Hopefully one of the challenges to the federal employee mandate turns the corner soon. I am aware of 12.
- Brnovich v. Biden, filed by Attorney General of Arizona, on 9-14, No. 21-1568 (D. Ariz.) ("Defendants’ imposition of vaccine mandates on U.S. citizens and lawfully employed aliens, but not on unauthorized aliens at the border or already present in the United States, constitutes discrimination on the basis of national origin and alienage in violation of the Equal Protection Clause.") See his 10-22 motion for TRO ; Order granting leave to file amended complaint and new motion for preliminary injunction 11-10; Amended Complaint; Motion for Preliminary Injunction 11-19;
- GREGG COSTIN, et al. v. Biden filed by Michael Yoder on 9-23 (D.C.), 1:21-cv-02484
- Foley v. Biden, filed by David Foley and Daniel Flickinger on 9-29 (Northern District of Texas) 4:21-cv-01098-O, See Defendant's Response, the Judge's Order, and Plaintiff's Response to that Order, and Defendant's Response to Plaintiff's Motion; Plaintiff's second motion to amend and draft amended complaint; Defendant's request for extension of time to file answer to original complaint in light of potential amendment 11-22; Plaintiff's opposition to Defendant's request for extension 11-23; Defendant's Reply re extension of time 11-24; Order granting motion for extension in part 11-29
- Navy Seal, et al v. Biden filed by Liberty Counsel on 10-15 (Middle District of Florida) 8:21-cv-02429; Order denying prelim injunction, deferring judgment in part (military only), and ordering information about exemption requests provided on schedule (military only); Defendant opposition to class certification and exhibits 12-3
- ALTSCHULD ET AL v. RAIMONDO et al (D.C.) filed by the Federal Practice Group on 10-19, 1:2021cv02779, Defendant Response to motion for preliminary injunction ;exhibits11-3; Order denying preliminary injunction 11-8
- Rydie et al v. Biden et al
Employee A v. Biden, filed by Jonathan Bolls on October 19, 2021 (Maryland) 8:2021cv02696, see motion for TRO; Biden response in opposition 11-12; Plaintiff Reply; Order Denying TRO 11-19 - Church v. Biden, filed filed by Michael Yoder on 10-24 (D.C.)1:21-cv-02815, as reported by Under Cover DC; Plaintiffs’ application for a temporary restraining order; opposition from the Defendants; Plaintiff's Response 11-3; Memorandum Order denying preliminary injunction 11-8
- Smith v Biden, 1:21-cv-19457-CPO-SAK filed 10-29 (NJ); brief in support motion for injunction with exhibits; opposition to motion for injunction 11-5; Reply to motion in opposition 11-6; Order denying injunction 11-8;
- AFGE Local 501 et al v. Biden et al filed by Mark Berkowitz on behalf of AFGE Local 501 and Council of Prison Locals CPL 33 on 10-30 (Southern Florida) 1:21-cv-23828-JAL, Motion for Preliminary Injunction, Order denying preliminary injunction (11-15)
- James Joseph Rodden, et al. v. Dr. Anthony Fauci, et al. filed by John J. Vecchione, Jenin Younes, and Harriet Hageman of New Civil Liberties Alliance and Robert Henneke of Texas Public Policy Foundation on November 5, 2021 (Southern District of Texas) 3:21-cv-00317; Defendant's response in opposition to motion for preliminary injunction, exhibits; Plaintiff's reply and exhibit; Order denying injunction 11-27-21
- Payne v. Biden, filed by Reed Rubinstein for America First Legal Foundation on November 22, 2021 (D.C.) 1:21-cv-03077; Plaintiff's motion for Summary Judgment (Nov 24); Memo in support of motion for summary judgment
- AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES COUNCIL OF PRISON LOCALS 33 and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 2018 v. DIRECTOR KIRAN AHUJA, JOSEPH R. BIDEN, Attorney General MERRICK B. GARLAND and LLOYD AUSTIN, filed by Bruce L. Castor, Jr. Michael T. van der Veen on behalf of Council 33 and Local 2018 on November 23, 2021 (E.D. Pa) 2:2021cv05172
Monday, November 29, 2021
Staying true to its Arbitrary Roots, Federal Employee Mandate takes December Off, mostly
The move was announced by the partial release of an email sent from OPM/OMB/SFWTF leaders to agency heads. In the email,
“Given that tremendous progress, we encourage your agencies to continue with robust education and counseling efforts through this holiday season as the first step in an enforcement process, with no subsequent enforcement actions, beyond that education and counseling and, if warranted, a letter of reprimand, for most employees who have not yet complied with the vaccination requirement until the new calendar year begins in January,” Ahuja and Miller wrote.
“We understand that your agencies may need to act on enforcement sooner for a limited number of employees, such as where there are additional or compounding performance or workplace safety issues under consideration, but in general, consistency across government in further enforcement of the vaccine requirement after the start of the new calendar year is desired,” they added.
Sunday, November 28, 2021
Omicron and the Spinning of Fear
Coetzee, who is also on the Ministerial Advisory Committee on Vaccines, said unlike the Delta so far patients have not reported loss of smell or taste and there has been no major drop in oxygen levels with the new variant.
Her experience so far has been that the variant is affecting people who are 40 or younger. Almost half of the patients with Omicron symptoms that she treated were not vaccinated.
The most predominant clinical complaint is severe fatigue for one or two days. With them, the headache and the body aches and pain.
That sounds exactly like what I had on 11/5. I had fatigue, low fever on the first night, and a bad headache for a couple of days. My back muscles felt like I had overdone it on a rock climbing wall or rowboat or something. Two days and two Motrin later, I was fine (I did confirm my positive Covid results through both over-the-counter and through-the-counter methods).
So, we should all be super scared because it is so mild or something.
Also, it is incredible how the spin factory never stops spinning.
Why would you possibly phrase a sentence this way?
Almost half of the patients with Omicron symptoms that she treated were not vaccinated.
They use syntax to try to confuse the issue at every turn. The better way to phrase that would be as follows:
More than half of the patients with Omicron symptoms that she has treated had been vaccinated.
But wait a minute, vaccines are supposed to make you not get the virus. But this admission contradicts that and it should be concerning to vaxx hoax believers. It should be even more concerning if you consider that less than 30% of South Africans are "vaccinated."
So, more than half of Omicron patients come from the minority of the South African population that has been injected....and the symptoms for both groups are mild. Therefore, everyone panic and get injected with everything available. If you have had two shots, get a third. If you have had all three of Pfizer, get a J&J as well. Get the Moderna too. Get them all again and again until you die. Only way to beat this mild threat is to be fully vaccinated.