Biden Suggests He Will Mandate a COVID
Booster for All Americans This Fall
Townhall, by Sarah Arnold
Original Article
Posted By: ladydawgfan, 8/27/2023 1:39:31 PM
Here we go again--- the Biden Administration has plans to roll out a new COVID-19 vaccine this fall, requiring Americans to get another jab. Despite declaring earlier this year that COVID is no longer a threat, President Joe Biden said his administration will "likely" recommend that all Americans receive the updated booster, including children. Over the weekend, the president told reporters that he plans to ask Congress for additional funds to develop a new vaccine, adding that he may force everyone to take it whether they previously received the initial vaccine. "Yes, I can," Biden said.
Yea the Supreme Court https://www.cnbc.com/2022/01/13/supreme-court-ruling-biden-covid-vaccine-mandates.html
Okay. The reason why SCOTUS ruled as they did was for the reason I mentioned above. Biden has no authority over the private sector. Only federal agencies have to obey a presidential executive order. However, there are limits to this as well.
The Covid-19 injection is classified as 'experimental'. Under Federal law:
21 U.S. Code § 360bbb–3(e)(1) - Authorization for medical products for use in emergencies, there is a clear provision for the option to accept or refuse administration of the experimental product.
This means no business, including airlines can mandate vaccination for employees (new or otherwise) or require Vaccine Passports.
This means college/university/CUNY and SUNI requirements for Covid vaccination is unlawful.
This means no government can require Vaccine Passports due to its unlawfulness.
Government rules, guidelines, and recommendations do not exceed or meet statutory law. It is always inferior even under executive order. Only the legislature can create law. Hospitals also fall under this law. Nurses, medical doctors, and staff that have refused the Covid injection and lost their job as a result have a very valid case for lawsuits. Here is the law for Emergency Authorization Use (EAU). Remember that ALL these Covid injections are categorized as Not Approved by the FDA.
16 Am Jur 2D Section 98. “An emergency can not create power and no emergency justifies the violation of ANY OF THE PROVISIONS of the United States Constitution or States Constitutions.”
Furthermore,
16 Am Jur 2d., Sec. 97: “Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.”
Bary v. United States - 273 US 128 “Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary.”
Federal law prohibits the ”denial of participation” from this business establishment as found under 28 CFR §36.202. Colleges and universities are businesses.
Under 28 CFR §36.202(c) further states that unless I have been individually assessed as a “direct threat” you may not exclude me from the same and equal services as others. A person not wearing a mask is not a direct threat or is the service a licensed and insured medical practitioner.
Denying service is a violation of Title II, III, and VII of the U.S. Civil Right Act of 1964.
Title III Sections 28 CFR §36.202(a)(b)(c) and 28 CFR §36.203(a)(b)(c) state that I shall not be denied the same participation and equal access as everyone else. The law prohibits Alaska Airlines or Delta Airlines from treating anyone differently or from serving anyone separately.
21 U.S. Code § 360bbb–3(e)(1) - Authorization for medical products for use in emergencies
(A) Required conditions: (ii) Appropriate conditions designed to ensure that individuals to whom the product is administered are informed— (I) that the Secretary has authorized the emergency use of the product; (II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and (III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.
OSHA released its temporary guidance on April 20, 2021 under a “Frequently Asked Questions” section of its website having to do with COVID-19 safety compliance. NOTE the word 'guidance' is not law by any means, but rather a recommendation or a suggestion.
Q: If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?
A: If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.
Folks, a store can not require you to wear a face mask or require you to provide proof of vaccination. This is a clear violation of the law.
For the duration of the COVID-19 public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d), this Act makes it unlawful under Section 5 of the Federal Trade Commission Act for any person, partnership, or corporation to engage in a deceptive act or practice in or affecting commerce associated with the treatment, cure, prevention, mitigation, or diagnosis of COVID–19 or a government benefit related to COVID–19. The Act provides that such a violation shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under Sec. 18(a)(1)(B) of the FTC Act.
Section 242 of Title 18, Deprivation of Rights Under Color of Law, makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
TITLE 18, U.S.C., SECTION 242 Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Here's more from u/MAG768720, who posted on 11-08-21 an essay called, "The OSHA Covid "Mandate" is Smoke and Mirrors -- Does NOT Apply to MOST People"
Will the attorneys of this country figure out the LAW ... and argue it correctly in court?
The federal government has LIMITED jurisdiction to do things, as defined in the US Constitution.
Let's look at the recent OSHA document, called "COVID-19 Vaccination and Testing; Emergency Temporary Standard."
https://public-inspection.federalregister.gov/2021-23643.pdf
Right up front, on the first page, it cites the Department of Labor, OSHA's authority to issue this report. That authority is in the Code of Federal Regulations, and specifically at:
29 CFR Parts 1910, 1915, 1917, 1918, 1926, and 1928 It's the 3rd line on Page 1.
"29 CFR" means Title 29, Code of Federal Regulations, which are regulations for "29 USC," with is Title 29, United States Code.
What are these "Parts 1910, 1915, 1917, 1918, 1926, and 1028?"
Here is the overview Table of Contents:
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII Part 1910 - This is ONLY a directive to the Secretary of Labor to create regulations. It has no other authority.
... the Secretary shall ... by rule promulgate
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1910/subpart-A/section-1910.1
Part 1915 - This applies ONLY to ship repairing, shipbuilding, and shipbreaking. ... the provisions of this part shall apply to all ship repairing, shipbuilding and shipbreaking employments and related employments.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1915
Part 1917 - This applies ONLY to marine terminals.
The regulations of this part apply to employment within a marine terminal ...
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1917
Part 1918 - This part applies ONLY to longshoring.
The regulations of this part apply to longshoring operations and related employments aboard vessels.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1918
Part 1926 - This one is a little tricky to follow, but we start with 1926.1, "Purpose and Scope" --
This part sets forth the safety and health standards promulgated by the Secretary of Labor under section 107 of the Contract Work Hours and Safety Standards Act. The standards are published in subpart C of this part and following subparts.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926
Subpart C is found in 1926.20, "General Safety and Health Provisions" -- Section 107 of the Act requires that it shall be a condition of each contract which is entered into under legislation subject to Reorganization Plan Number 14 of 1950 (64 Stat. 1267), as defined in § 1926.12, and is for construction, alteration, and/or repair, including painting and decorating ...
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926/subpart-C
Then, we look at Section 1926.12, "Reorganization Plan No. 14 of 1950" -- Reorganization Plan No. 14 of 1950 relates to the prescribing by the Secretary of Labor of “appropriate standards, regulations, and procedures” with respect to the enforcement of labor standards under Federal and federally assisted contracts which are subject to various statutes subject to the Plan.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1926
So, 1926 ONLY applies to "construction, alteration, and/or repair including painting and decorating ... for GOVERNMENT CONTRACTORS.
Part 1928 - This part applies ONLY to agricultural operations. This part contains occupational safety and health standards applicable to agricultural operations.
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XVII/part-1928
In summary --
1910 - Directive to the Secretary of Labor to create regulations (which he did).
1915 - Only applies to shipbuilding and repairing (i.e. government employees and/or contractors)
1917 - Only applies to marine terminals (i.e. government employees and/or contractors)
1918 - Only applies to longshoring (i.e. government employees and/or contractors)
1926 - Only applies to hazardous occupations involving painting and decorating (for government contractors)
1928 - Only applies to agricultural operations -- and even that only applies where the federal government has some interest, such as logging federal property (i.e. government contracts).
The ENTIRE "vaccine mandates" are directed ONLY to government employees and/or contractors. Is this constitutional? Well, injecting drugs for a fraudulent reason is not, but otherwise these provisions are with the fed's authority (OSHA, overall) -- PROVIDED they ONLY apply to federal operations.
Notice that three of them apply to ships, longshoring, and ship terminals. Why? Because the Constitution delegates to the feds the ability to have what are known as "federal enclaves" -- not a term used in the Constitution, but a term used by Congress to distinguish specific federal property listed in the Constitution at Article I, Section 8, Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; The "forts, magazines, arsenals, dockyards, and other needful buildings" are the federal enclaves where the feds have jurisdiction (if agreed to by the State that surrounds these locations).
It is the dockyards where the ships are built and repaired, and where hazardous chemicals are used that the feds have authority to protect the workers. In addition, Part 1928 includes similar rules for areas that the feds have control over, such as federal lands where logging and other hazardous activities take place.
That is ALL that the federal government has authority to regulate when it comes to health hazards.
They do NOT have constitutional authority to regulate Mom and Pop businesses across the 50 States of the Union.
Will the attorneys in the USA ... WAKE THE FUCK UP ... and learn what the REAL law actually is?