The 9th Circuit has decided the ‘Covid Vaccine’ is NOT A VACCINE. Plaintiffs can now use this as cases go forward.
(twitter.com)
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One of my adult kids and spouse got the vax and all of its boosters (I raised my kid right, but a spouse had more influence, go figure).
Guess what? They both got COVID .... twice !!! And their symptoms were worse than those of me and MY spouse -- unvaxxed.
I'm sorry, but I only took a semester or two of Law in college. What does this mean in plain English? Did the court say the Vaxx was not a vaccine but an injectible means of cure? Ugh, legalese is my bane.
Means Pfizer is fuked.
It means Pfizer and other Big Pharma Corps can now be sued for false advertising by all the soon to be Turbocancer victims and their families.
Blood has spilled in the water, THE LAWYER SHARKS SHALL FEAST!
The main holding of the 3-judge panel is 2 parts: 1) that the plaintiff’s case is not moot (reversing the trial court’s dismissal based on defendant LA unified school argument at trial: that because LAUSD no longer requires the vaccine, the case is moot, the plaintiff no longer faces being forced to get vaxxed, so he has no case.). So the 9th reversed the trial court’s decision and the trial court now has to hear the case and decide based upon the plaintiff’s argument. ____a) He was discriminated against. _b) He alleged that the mRNA shots are not vaccines but therapeutic medicines, the 9th Circuit stated that the trial will move forward with this fact. Defendant LAUSD had a pattern of mandating, then stopping mandating, then mandating again the shots. The majority opinion noted that because defendant LAUSD had this pattern, defendant showed that the plaintiff likely would face employment discrimination in the future by likelihood of LAUSD bringing back the mandated shots. So plaintiff gets to have his case heard, that he wrongfully suffered from not having his fundamental right respected (you can’t be forced to receive medicine) and plaintiff argues he deserves compensation for being unjustly treated. ____2) (the good part) main holding, the “merits” of the case: the federal district court judge ERRED by using the Jacobson Supreme Court case. The trial judge used an old case about smallpox vaccines. Under Jacobson, the government has a rational basis to force vaccines that prevent the spread of disease. In the present case, the 9th finds Jacobson does not apply. ____a) Plaintiff argued at trial that “the shots” do not prevent the spread of disease. ____+ b) Defendant LAUSD argued “safe and effective” = a failed argument to apply Jacobson standard that the government can mandate vaccines. 9th held that because the defendant did not show that “the shots” were made to and could prevent disease therefore the District Court was wrong in using Jacobson. ____Plaintiff’s argument back in trial at the District Court will be: over his liberty interest, based upon his “fundamental right” to not be forced to take a therapeutic medicine just to keep his job.
Sorry, that was long, (needed a break after condensing 25 pages of the majority and concurring opinions down a lot.)____ Note: the majority did not rule that as a matter of law that the Pfizer, Moderna, and other “coronavirus shots” are therapeutic medicine and not vaccines. The majority noted that the plaintiff argued this + defendant did not demonstrate otherwise (“safe and effective” argument did not show that “the shots” were traditional vaccines that would justify applying Jacobson case standard of mandating vaccines. ____ If defendant at trial had shown that “the shots” protected the public from the spread of disease, then the 9th would likely have upheld the decision of the District Court in favor of the defendants). ____It seems that the defendants really did not present their side well. ____ Because of this, the District Court has to hear the Plaintiff’s case and decide while keeping in mind that for purposes of this case that Jacobson does not apply, “the shots” are therapeutic” and not traditional vaccines that prevent the spread of disease.
That is amazing, thanks. I'd much rather read all of that than take some random one-line tweet at its word, and it turns out that yes it was more complicated than they made it out to be. I hope everyone takes the time to read your summary.. but I think it would help if you edited in some formatting! Right now it's just a wall of text and obvious places for line breaks.
thanks, definitely spacing was needed! Thanks to mod also for highlighting in green a key point
It means that slick move the CDC pulled to redefine vaccines wasn't so slick after all.
The courts care about more than the current definition, such as whether or not the injections granted immunity.
In the next possible future you will see on TV... If you were harmed or a loved one was MURDERED by the so called VAX you are entitled to justice!
Im surprised the lawyers havent jumped all over this already. First one out of the gate will make billions.
Would love to know how military personnel who were forced to take it can sue now and what that means for military branches in general.
This likely needs to get to Military Tribunals level. Military personnel give up a lot of personal rights and liberty interests. However, we know that these are death shots, poison, and the shots vary from placebo to full strength poison, and the shots vary in ingredients by batch and lot numbers. This is 5th generation warfare.
Or when its proven that the vaccine they submitted for approval with Trump in office wasnt the same vaccine they put into our bodies with Biden in office.
Wait til they find out about FDA approving a shot that wasn't available in the US. No troops stationed here got the FDA approved one. Crime of the century.
My sister had 7 shots lmao. what a dumb idiot.
I dont know a single person who got more than the first two. Most only got the one. And they all regret those first one or two.
Let the games begin.
When can I sue to get my job back and tos carried over?
Money has already been set aside for the upcoming CALS,big pharma does this ,it will pay out 40 billion to whoever can withstand the 4 to 5 years it will take to go to court,pharma keeps 140 billion,victim gets 60%,lawyers get 40%.proven death payouts v injury accordingly, The Guilty get off Scott free. IT'S THE AMERICAN WAY. Unless you get stand alone victims in which it will be in court till the next ice age, our justice system is broken .
I'm not completely sure that I agree with that interpretation of the ruling.