• January 16, 2022

Court recognizes the statutory right for military members to REFUSE a vaccine

 Court recognizes the statutory right for military members to REFUSE a vaccine

A TRUE PATRIOT !!

Dear Patriots,

 

1- Defending The Republic litigation team scores a victory a federal court.  

 

The court recognizes the statutory right for military members to refuse a vaccine with only an EUA (Emergency Use Authorization).  The military cannot mandate vaccines that have not been FDA approved.

 

On November 12, the court in the Northern District of Florida considered the requests for emergency relief to pause the Department of Defense COVID-19 vaccine mandate. While the court declined to grant the emergency relief, it did observe that the Department of Defense cannot mandate a vaccine that only has an emergency use authorization (EUA). According to the court:

“And under 10 U.S.C. § 1107a, ‘[i]n the case of the administration of [an EUA] product … to members of the armed forces,’ that statutory right to refuse ‘may be waived only by the President only if the President determines, in writing, that complying with such requirement is not in the interests of national security.’ 10 U.S.C. § 1107a(a)(1). The DOD acknowledges that the President has not executed a wavier under this section, ECF No. 45 at 52:8-9, so as things now stand, the DOD cannot mandate vaccines that only have an EUA. 10 U.S.C. § 1107a(a)(1).”

This is significant, in that the court recognizes the statutory right for military members to refuse a vaccine with only an EUA.

 

Moreover, it illustrates the reason why the Department of Defense has used a “bait and switch” to substitute EUA COVID-19 vaccines (those without FDA approval) for Pfizer’s Comirnaty vaccine, which has been granted FDA approval. According to the court, “the plaintiffs have shown that the DOD is requiring injections from vials not labeled ‘Comirnaty.'” The attorneys for the government “could not even say whether vaccines labeled ‘Comirnaty’ exist at all.”

 

The DOD maintains that this does not matter – that the ingredients in the EUA Pfizer vaccine are “chemically identical” to the contents of Pfizer’s FDA approved Comirnaty vaccine. The court observed, however, that “there is no policy to ensure” that service members get the correct approved vaccines.

 

If this is the case, then it appears the DOD has violated the informed consent rights of thousands of military members.

 

For more information: https://defendingtherepublic.org/florida/

 

 

2- Mr. Biden does NOT have the legal, constitutional right to demand that people vaccinate.

(The Epoch Times)

 

Judge Blocks Biden’s COVID-19 Vaccine Mandate for Federal Contractors

 

Quote: A judge on Tuesday blocked President Joe Biden’s COVID-19 vaccine mandate for federal contractors, finding that Biden likely lacks the authority to force them to get vaccinated.

 

“This is not a case about whether vaccines are effective. They are. Nor is this a case about whether the government, at some level, and in some circumstances, can require citizens to obtain vaccines. It can,” U.S. District Judge Gregory Van Tatenhove, a George W. Bush nominee, wrote in the 29-page order.

 

“The question presented here is narrow. Can the president use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors? In all likelihood, the answer to that question is no,” he said.

 

The judge granted a request for a preliminary injunction by the attorneys general of Kentucky, Ohio, and Tennessee.

 

3- Even government agencies are refusing to enact the Biden mandates.

(The Epoch Times)

 

Centers for Medicare and Medicaid Services Suspends Vaccine Mandate Enforcement

 

QUOTE: The federal Centers for Medicare and Medicaid Services (CMS) suspended enforcement of its vaccine mandate for healthcare workers after two court orders earlier this week.

 

A memo issued by the agency, posted by Missouri Attorney General Eric Schmitt on Twitter Thursday, said that CMS “remains confident” it will prevail in court but is “suspending activities related to the implementation and enforcement of this rule pending future development in the litigation.”

 

“While these preliminary injunctions are in effect,” it continues to say, “CMS surveyors must not survey providers for compliance with the requirements” with the rule. The memo is referring to federal government officials conducting checks of whether Medicare- or Medicaid-funded facilities are complying with the Biden administration’s mandate that healthcare staff gets fully vaccinated for COVID-19 by Jan. 4.

 

The CMS rule allows for religious and medical exemptions to the vaccine.

 

4- Thank goodness many judges are still making decisions based on the Constitution.

(Just The News)

 

Biden legal defeats rapidly piling up across the nation on broad array of policy fronts

 

QUOTE: On issues ranging from vaccine mandates to immigration policy and racial preferences, federal courts across the country have repeatedly found the Biden administration to be pushing policies which violate the Constitution.

 

Since President Biden took office in January, federal courts across the country have ruled against his administration time and again, finding many of his policies violate the Constitution. The Biden legal defeats have extended nationwide, impacting a wide range of issues — most recently vaccine mandates.

 

On Tuesday, federal judges blocked the administration from enforcing two mandates requiring millions of Americans to get the COVID-19 vaccine.

 

5- The mandates are fizzling out.

(Alex Berenson)

 

Mandate? What mandate?

 

QUOTE: With discontent over the mandate high and rising, the job market tight, and a good chance the Supreme Court will strike down the Biden rule before it ever takes effect, the fact employers are slow-walking enforcement shouldn’t surprise anyone. The mess over boosters only makes matters worse. Companies will surely not want to be in the position of having this fight with employees every six months.

 

But with mRNA vaccines falling to near-zero efficacy against infection six months after the second dose, the United States is now likely moving away from vaccine-generated herd immunity. Lockdowns are off the table, so we will have to get there the old-fashioned way, with natural infection and recovery. (Assuming the vaccines don’t interfere with that process, an open question.)

 

6- Why are they stonewalling this investigation and suing to stop it? What are they afraid we might discover?

(JustTheNews)

 

Head of Wisconsin election probe accuses two big-city mayors of cover-up, stonewalling

 

QUOTE: A former Wisconsin Supreme Court justice who is leading one of the investigations into the state’s 2020 elections says it’s clear to him there is a cover-up going on.

 

Former Justice Michael Gableman told the Assembly’s Committee on Elections on Wednesday that the state’s Elections Commission, its administrator, and the mayors of Madison and Green Bay have refused to answer any of his questions about the Mark Zuckerberg-funded Center for Tech and Civic Life, and continue to refuse to cooperate with the subpoenas issued in the case.

 

Green Bay and Madison, along with Milwaukee, Racine, and Kenosha accepted nearly $9 million from the CTCL in 2020, ostensibly for coronavirus safety operations.

 

“Reasonable minds might wonder whether the millions of dollars each of these mayors received from the Zuckerbergs may have induced them to do something other than treat all candidates fairly and impartially. And whether those mayors used the Zuckerberg money to get out the vote for Joe Biden,” Gableman said.

 

“They are trying to run and hide from accountability to the citizens they are supposed to serve,” Gableman told lawmakers. “Why go through all of this legal evasion, maneuvering, and expense unless they do not want the public to know what they have done?”

 

Gableman is facing a lawsuit from Wisconsin Attorney General Josh Kaul that seeks to stop his investigation. Specifically it seeks to stop him from asking questions of Elections Commission administrator Meagan Wolfe. That case is due before a judge on December 23rd.

 

7- Virginia parents are not giving up to protect their children from the leftist agenda of porn in school libraries.

(Fox News)

 

Fairfax County parents demand school board resign after ‘doubling down’ on ‘porn in schools’

 

QUOTE: Parents gathered outside the Fairfax County School Board meeting on Thursday, voicing their opposition to what they term pedophilia and “porn in schools” after Fairfax County Public Schools reintroduced two books containing depictions of sexual activity.

 

“They’ve doubled down on porn in the schools. They’ve all got to go,” Stacy Langton, the Fairfax County mother who confronted the school board with images from the books in September, told Fox News. “Who’s in favor of porn in the schools?”

 

Parents protested outside of Luther Jackson Middle School, holding signs reading, “No porn in our schools,” wearing t-shirts reading, “Mama Grizzly” and “Papa Grizzly,” and holding signs featuring the photos of school board members with the text, “Resign FairfaXXX.”

 

8- Consumers are sick and tired of corporations and their woke agendas.

(New York Post)

 

Go woke, go broke? Americans don’t care for corporate activism

QUOTE: A new warning to woke CEOs: Americans don’t want corporations meddling in divisive political issues, and they perceive such activism as phony pandering. There’s also a huge gap between what consumers believe about woke activism compared with out-of-touch executives, according to a study conducted by the Brunswick Group, a management firm.

 

Brunswick found 63 percent of corporate executives “agree unequivocally that companies should speak out on social issues,” but a mere 36 percent of voters agree. Corporate brass also has “a highly inflated sense of how effective corporate communication has been on social issues compared to voters.”

 

An overwhelming 74 percent of business executives think corporate activism is effective, compared with just 39 percent of voters. Companies spend billions of dollars building brand equity through marketing campaigns. Turns out their virtue-signaling could be counterproductive because voters believe it’s inauthentic.

 

The study found more than 60 percent of voters think “companies only speak out on social issues to look better to consumers and are not being sincere,” even as 57 percent of executives said companies “speak out on social issues because they want to achieve real change.”

 

Talk about disconnected narcissism. Will these brands wake up from their woke fantasies?

 

9- This whole podcast is good. But, what we found fascinating was the trend of Muslims converting to Christianity. Why are they doing this? You will be surprised!  You can pick up this story about 45 minutes into the podcast.

(The Dinesh D’Souza Podcast)

 

In this episode, Dinesh investigates why Muslims are, perhaps for the first time in history, converting in large numbers to Christianity.

 

###

 

As always, we cherish your attention and support. We do not take it for granted.

 

Read. Know. Share. Pray.

Hold Fast,

Defending The Republic

###

Regardless of who wins any election, in order to have confidence in the outcome, we must continue to demand (1) real paper ballots, (2) hand counted in a bipartisan transparent process, and (3) citizen voter ID.

Support our efforts here.

NOTE: Defending The Republic, Inc. is a §501(c)(4) non-profit organization, gifts to which are not deductible as charitable contributions for Federal income tax purposes.

Have you missed a newsletter or wish to revisit a past newsletter?  They are archived HERE .

Follow Our Progress:

DefendingTheRepublic.org

DefendingTheRepublicPAC.com

SidneyPowell.com

SidneyOnTelegram

Editor @Investigator_50

Leave a Reply

Your email address will not be published. Required fields are marked *