Why is the Supreme Court of the United States silent?
The Supreme Court does not need a case, the Supreme Court can and should make a statement when the legal fabric of the USA is destroyed from within. The Supreme Court can and should remind people that nobody is above the law. If the Supreme Court needs a case, this is a case from an ignorant caring about my beautiful country.
Summary
1. Only Emergency Use Authorization (EUA) covid vaccines are available in the USA as of Nov 7th 2021. The EUA vaccines have the optionality declared in the 21 U.S. Code § 360bbb–3 [4]. Can a vaccine legally optional be enforced? NO. Executive order 14042 or OSHA temporary standard are both abusing the 21 U.S. Code § 360bbb–3 [4].
2. The administration ask private companies to enforce a covid vaccine by the vaccine mandate and temporary standard. Who is liable for possible unfortunate side effects? If the administration and the private companies ask for it, they own it. As only EUA vaccines are available, the vaccine manufacturers, distributors ... are liability free. Neither the administration nor the private companies take responsibility for the liability of unfortunate side effects. Can the vaccine be enforced if the administration or the companies do not own the consequences of the vaccine ? Of course it can and it’s called deceit [8] against American workforce.
3. The FDA approved vaccine, COMIRNATY, is NOT available in the USA as of Nov 7th 2021. A FDA approved vaccine should offer legal protection like any other FDA approved medical treatment. But apparently it does not because FDA refuses to clarify what ‘legally distinct’ mean between BLA and EUA. Why the administration omit to mention this very important legal aspect? People must be informed if they take a liability free vaccine or not. Why lying to FBI is perjury and why lying by omission to American people is ok? Any administration should be under oath by default when deciding people’s lives. The laws are the same for all. Or not anymore?
4. The vaccine mandate and regulation take away the doctors medical responsibilities and liabilities as well as the INFORMED CONSENT. The INFORMED CONSENT is a HUMAN RIGHT for any medical procedure. Why the INFORMED CONSENT is taken away by forcing people to vaccinate? What about Nuremberg Code, it’s not valid anymore?
What can be done?
Trust people and they will do the right things. Encourage, motivate and persuade people to be healthy.
The Supreme Court must safeguard the laws of the country. The Supreme Court must have the courage to make a statement about something like the four points above.
Details
People have a common sense responsibility to be healthy when they go to work. When someone is contagious sick, the person know to stay home and get well so the others are protected.
The covid-19 virus is very contagious and the covid vaccines can be one of the best tools to combat it. But trying to do good the wrong way, forcing vaccination, can lead to the worst outcome and possible total destruction of the laws.
Vaccination is a medical procedure that affects most of the time in a positive way a human being. Unfortunately side effects can still happen. The EUA offers no legal protection for potential unfortunate side effects. The side effects can happen now or later and be potential dramatic, disrupt people lives or the lives of their families. Because we do not know we should not eliminate the possibility of future side effects. We learn from history that side effects from vaccines always happen.
FDA did the followings on Aug 23rd 2021:
a. Conditionally approved a covid vaccine under the name COMIRNATY [1]. It is important to notice the conditional approval, because the FDA asked for more tests and reports in the approval letter. So if the vaccine was approved, why FDA ask for more tests and reports in the approval letter? FDA knows there might be potential side effects. BUT the possible risks are passed to the American workforce as the American workforce must take the vaccine without any legal protection.
b. Extended the Emergency Use Authorization (EUA) for the Pfizer-BioNTech vaccine [2]: “reissuing the August 12, 2021 letter of authorization in its entirety with revisions incorporated to clarify that the EUA will remain in place for the Pfizer-BioNTech COVID-19 vaccine for the previously-authorized indication and uses”.
The EUA shields the vaccine manufacturers, vaccine suppliers, vaccine distributors ... ‘Covered Persons’ as described in the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 [3], Section IV Limited liability: “a covered person shall be immune from suit and liability under federal and state law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or use by an individual of a covered countermeasure if a Declaration has been issued with respect to such countermeasure”
If by any chance, any unfortunate side effects happen when taking an EUA covid vaccine, who is liable for potential side effects? Nobody is legally liable as per the [3]. An individual having the potential unfortunate side effects from an EUA vaccine is left with no legal support with one exception. Countermeasures Injury Compensation Program [12] is the only legal avenue and the potential compensation is minimal. An EUA is optional and the individual is responsible to analyze the risks and benefits. The consequences of an EUA vaccine, good or bad, are for the individual to support.
An EUA vaccine MUST not be used to enforce a mandatory vaccination because:
a) “FDA has authorized the emergency use of the vaccine, of the known and potential benefits and risks, the extent to which such benefits and risks are unknown, that they have the option to accept or refuse the vaccine, and of any available alternatives to the product”[10, 4]
b) there is no legal liability for unfortunately side effects
It is nonsensical and illegal to enforce a mandate or regulation using an optional vaccine. No legal entity in the United States can shutdown such a nonsensical mandate and temporary standard?
All the covid vaccines available today in US are Emergency Use Authorization. The vaccine fact sheets for each vaccine clearly state Emergency Use Authorization [11] at the top of each fact sheet.
Do vaccine mandate or temporary standard mention that by law the EUA vaccines are optional and they lack legal liability? No. Mentioning the optional nature of EUA vaccine and lack of liability would make the mandate and regulation irrelevant and unenforceable.
The FDA conditionally approved only one covid vaccine, COMIRNATY, on Aug 23rd 2021. The 'approved' distinction is legally very important comparing the Emergency Used Authorization vaccine. Even if FDA says that the COMIRNATY vaccine and Pfizer-BioNTect vaccines are interchangeable products, FDA made clear that the “The products are legally distinct with certain differences that do not impact safety or effectiveness” [2]. Why FDA refuses to define the meaning of ‘legally distinct’? People have the right to know and to be legally protected for potential side effects.
The administration is enforcing the vaccine mandate with the Executive Order 14042 [5] and Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors, Issued September 24, 2021 [6]. The administration is enforcing the OSHA temporary standard with the COVID-19 Vaccination and Testing; Emergency Temporary Standard [7]
The administration is enforcing an unenforceable vaccine mandate on the entire US workforce. If an eligible worker does not comply with the mandatory vaccine then the person can lose his or her job and well-being. If a company does not comply then might pay big fines or stripped from contracts. An eligible person is either a federal worker, a federal contractor or subcontractor, a supplier and so on, or an employee for a company with more than 100 employees as per [6, 7].
As of today, Nov 7th 2021, there is no FDA approved covid vaccine AVAILABLE in the USA. In layman terms: if you want to get a FDA approved COMIRNATY vaccine you can't because it is NOT available. Even if the vaccine mandate or vaccine regulation mention that employees can take the FDA approved vaccine, the FDA approved vaccine can NOT be be taken. People are FIRED from their jobs for not taking an optional by federal law vaccine.
Is FDA so incompetent not knowing that the FDA approved vaccines are not available? It is their duty to know about vaccine availability especially during a pandemic. If they know the approved vaccines are not available why the administration force people to take the EUA vaccines instead of waiting for the FDA approved vaccine?
This beg another question: is the administration protecting the vaccine manufacturers because it forces the US workforce to take a liability free vaccine? Yes or no, the result is the same - the US workforce is legally unprotected for unfortunate side effects while the covid vaccine manufacturers, distributors ... [Covered Persons] are “immune from suit and liability under federal and state law”[3]. It is discrimination against the American workforce.
FDA must be straight forward with America people. Is COMIRNATY also release under the Emergency Use Authorization (not only under BLA) for all USES? Because it’s unclear for COMIRNATY what use is under BLA and what use is under EUA. If YES, the administration is breaking the law by mandating a vaccine that is legally optional.
Is it right to enforce a mandatory vaccine on the American workforce?
The administration forces the American companies to implement the vaccine mandate or the temporary standard. Who is liable in case of unfortunate side effects? The administration and the companies enforcing them. Any potential unfortunate side effect is indefensible by any US company because they are enforcing the vaccine mandate. The US companies can not legally or morally argue that they were forced to implement the administration mandate or regulation when they potentially play with people’s lives.
The liability for a vaccine mandate goes beyond the time an employee spends with the company because the vaccine health consequences stay with the human. The administration policies for mandatory vaccination have serious damaging unintended consequence for the US as a whole. Would any company survive this liability? Hard to believe if any would survive in the long run because of possible colossal cost, loss of reputation and the companies might not be legally protected in the future by the current mandate or temporary standard. The US companies, for the sake of their survival, should legally fight to shutdown the vaccine mandate and temporary standard.
The administration is forcing the doctors and medical professionals to dereliction of duty [9]. This is not about if a vaccine is safe or efficient, it is about the medical responsibility and liability the doctors have to make sure that the interaction is safely protected between a covid vaccine and an individual considering the individual health and medical history. The doctors aren't without guilt, because they should have been the first to stand up and disagree with the mandatory vaccination when it's taking away their very critical responsibility for preserving people health.
The elephant in the room is a huge conflict of interest aggravated by the vaccine mandate and the temporary standard: a medical advice (usually not paid) from a doctor is related to the well being of the doctor (payment of a treatment). It's easy for a doctor to say a covid vaccine is safe based on a limited time knowledge when there is no knowledge of the long term side effects. At the same time, the doctors benefit greatly if more patients have unfortunate secondary effects now or in the future.
Any doctor might jump up and down at these statements and deeply disagree, but the cynical reality is that the doctors are paid when they treat patients and they are paid well, and when they have no liability regarding mandated covid vaccines.
Most of the doctors never talk about such a conflict of interest to a patient, or to say 'I do not know if the covid vaccine is safe long term'. Nor any mention by the administration of the long term unknowns in the vaccine mandate or the temporary standard. Fooling the American workforce should not be the standard.
There are exceptions and I heartily apologize to the few beautiful doctors that are preserving the most precious science of all, the medical science and the high medical standard. Some of the few can easily be found with the real media.
The vaccine responsibility should be between the doctor and the patient with the INFORMED CONSENT as always been. The world fought a big war to right the wrong of genocide and end mass medical experiments. If there is a lesson to learn from the war is that the INFORMED CONSENT must be preserved unconditionally.
The administration is opening a Pandora box of extraordinary irreversible consequences by breaking the trust between the patients and medical professionals. The doctors are turned against the patients when the doctors are forced to say that the vaccine is safe when nobody knows today if they are safe long term.
Trying to do good the wrong way can lead to the worst possible outcome. The Supreme Court must safeguard the US laws and the country. Would they?
The Ignorant,
PS.
1. Aren’t all Academic / University mandates in trouble by forcing people to take optional by law vaccines?
2. What’s left of HIPAA when the vaccine status, a medical record, is shared with an employer?
3. Does the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, include a doctor in the definition of ‘Covered Persons’? I do not even want to think about the consequences if the answer is YES.
4. The mainstream media, with few exceptions, shouldn't clap their hands thinking they are a real media, THEY ARE NOT.
References
1. https://www.fda.gov/media/151710/download
2. Attachment below
4. https://www.law.cornell.edu/uscode/text/21/360bbb-3
6. https://www.saferfederalworkforce.gov/downloads/Draft%20contractor%20guidance%20doc_20210922.pdf
8. https://www.merriam-webster.com/dictionary/deceit
9. https://definitions.uslegal.com/d/dereliction-of-duty/
10. https://www.fda.gov/vaccines-blood-biologics/vaccines/emergency-use-authorization-vaccines-explained