Legal basis for vaccine mandates…
#12
Head of Aerospace Medicine at Ft Rucker calling for halt on jabs.
Lieutenant Colonel Theresa Long, MD, MPH, FS currently serving as the Brigade Surgeon for the 1st Aviation Brigade Ft. Rucker, Alabama responsible for certifying the health, mental and physical ability, and readiness for all 4,000 individuals on flight status on post.
The full sworn affidavit is here
https://www.deepcapture.com/2021/09/...unction-order/
It's a good site, no spam or IP grabbers. I have the PDF somewhere, but can't find it right now.
Read her whole sworn testimony. Pretty damning.
Lieutenant Colonel Theresa Long, MD, MPH, FS currently serving as the Brigade Surgeon for the 1st Aviation Brigade Ft. Rucker, Alabama responsible for certifying the health, mental and physical ability, and readiness for all 4,000 individuals on flight status on post.
The full sworn affidavit is here
https://www.deepcapture.com/2021/09/...unction-order/
It's a good site, no spam or IP grabbers. I have the PDF somewhere, but can't find it right now.
Read her whole sworn testimony. Pretty damning.
#13
The NY teachers got an injunction, which is fairly routine in a situation where the issue in question would be hard to reverse or cannot be reversed (ie you cannot get un-vaccinated after you get vaccinated). Doesn't really speak much to the merits of the case which appear pretty clear based on precedent.
Natural immunity might actually hold up as an alternative... but the big "But" there is whether anyone can reference sufficiently robust studies and data. The standard for vaccine efficacy is formal double-blind trials. Simply referencing a bunch of third-party data without controls might not be enough.
Also you'd need suitable tests to verify that natural immunity exists... just showing antibodies that might be associated with something in the coronavirus family might not be enough.
Those are the legit technical (vice political) reasons why natural immunity hasn't really been largely accepted as vaccine-equivalent yet. We'll see what happens, but I think as more people get covid they should really look at granting some sort of passport based on demonstrated natural immunity. That's not the same as just saying you had covid, probably need some blood test(s) since individual variance can be quite high.
Natural immunity might actually hold up as an alternative... but the big "But" there is whether anyone can reference sufficiently robust studies and data. The standard for vaccine efficacy is formal double-blind trials. Simply referencing a bunch of third-party data without controls might not be enough.
Also you'd need suitable tests to verify that natural immunity exists... just showing antibodies that might be associated with something in the coronavirus family might not be enough.
Those are the legit technical (vice political) reasons why natural immunity hasn't really been largely accepted as vaccine-equivalent yet. We'll see what happens, but I think as more people get covid they should really look at granting some sort of passport based on demonstrated natural immunity. That's not the same as just saying you had covid, probably need some blood test(s) since individual variance can be quite high.
And precedent?
You seriously think any state could arbitrarily involuntarily sterilize people today like California did after Buck vs Bell in 1927? For reasons as specious as being epileptic?
https://www.npr.org/sections/health-...sterilizations
https://www.capradio.org/articles/20...pay-survivors/
https://scholarship.law.umn.edu/cgi/...ontext=lawineq
Even though Buck vs Bell has never been overruled? What do you do when stare decis simply means you are being consistently wrong?
Last edited by Excargodog; 09-26-2021 at 11:52 AM.
#14
Gets Weekends Off
Joined APC: Jul 2013
Posts: 4,671
A lot of people think that the legal mandate for vaccination is a done deal, citing an ancient 1905 Johnson vs Massachusetts case. There are some huge differences though.
Smallpox fatality rate was 30%. COVID’s is about one-eightieth of that.
A smallpox immunization lasted AT LEAST 10 years, and likely for life. Covid immunizations last maybe six months before you can be reinfected.
Smallpox fatality rate was 30%. COVID’s is about one-eightieth of that.
A smallpox immunization lasted AT LEAST 10 years, and likely for life. Covid immunizations last maybe six months before you can be reinfected.
But can we really use the term “immunization” when referring the COVID vaccine?
Maybe it’s splitting hairs, but I really don’t see still being able to contract something being immune from something.
Still being able to contract it yet with lesser symptoms is not the same as flat out NOT being able to contract it whether through true natural immunity or a pharmaceutical method.
#15
You’re a smart guy and I don’t mean to nitpick.
But can we really use the term “immunization” when referring the COVID vaccine?
Maybe it’s splitting hairs, but I really don’t see still being able to contract something being immune from something.
Still being able to contract it yet with lesser symptoms is not the same as flat out NOT being able to contract it whether through true natural immunity or a pharmaceutical method.
But can we really use the term “immunization” when referring the COVID vaccine?
Maybe it’s splitting hairs, but I really don’t see still being able to contract something being immune from something.
Still being able to contract it yet with lesser symptoms is not the same as flat out NOT being able to contract it whether through true natural immunity or a pharmaceutical method.
But they've been pretty close to 100% effective at keeping people alive, so there's that.
#16
Gets Weekends Off
Joined APC: Jul 2013
Posts: 4,671
#17
And individual variance ISN’T quite high with the vaccines? If not, why do some require boosters and others not? Some decisions - like the age of consent or when you can get a driver’s license - are inherently arbitrary since age doesn’t really correlate with wisdom. But courts sort of like to see some consistency…
I'm not saying natural immunity isn't a thing, I'm saying there's not an established bureaucratic path to recognize it without some specific testing. Somebody has to make a decision to go there, and that somebody is not me.
It could be done, it's common enough with chickenpox, but obviously we have a lot of experience with that bug...
https://www.cdc.gov/vaccines/vpd-vac...c-immunity.htm
Don't waste that on me, save it for the SCOTUS hearing. I'm not telling you what's right or wrong, I'm just telling you what's probably going to happen legally.
Yes, yes given all of the lawsuits filed some plaintiff somewhere will find some fringe circuit judge to give them a favorable interim ruling, which will of course be appealed.
It will go to SCOTUS, and they will accept the case (or one of them anyway) given the gravity and import of the situation. So the real question is do you think the conservatives on the big bench will throw this one out? Conventional wisdom (from reputable and fairly conservative sources) is that Biden's mandate will survive challenges intact or mostly intact. Nothing we say here will affect that. Personally I think the safety valve is that there is NO vaccine mandate whatsoever, so you can't litigate something that doesn't exist. Lets unwad our panties and recall that you can simply get tested instead of vaccinated... nobody even has to lose their job (unless you're a truly committed anti-vaxxer who flies widebodies to foriegn countries who enact an actual *mandate*).
So really the only arguments left are:
1) Can private entities fire people who don't get vaccinated... lot's of precedent for yes on that. Vaccine performance numbers don't matter much (people can be required to get the flu shot, which can have much lower efficacy than the covid vaccines). Vaccine safety numbers could actually matter, but the vaccines are certified and demonstrated to be statistically quit safe. You can trot out the VAERS database to try to fool people on APC but that won't work in court
2) Is it fair for the government to mandate covid tests for anti-vaxxers
Still be interesting to watch.
#18
Head of Aerospace Medicine at Ft Rucker calling for halt on jabs.
Lieutenant Colonel Theresa Long, MD, MPH, FS currently serving as the Brigade Surgeon for the 1st Aviation Brigade Ft. Rucker, Alabama responsible for certifying the health, mental and physical ability, and readiness for all 4,000 individuals on flight status on post.
The full sworn affidavit is here
https://www.deepcapture.com/2021/09/...unction-order/
It's a good site, no spam or IP grabbers. I have the PDF somewhere, but can't find it right now.
Read her whole sworn testimony. Pretty damning.
Lieutenant Colonel Theresa Long, MD, MPH, FS currently serving as the Brigade Surgeon for the 1st Aviation Brigade Ft. Rucker, Alabama responsible for certifying the health, mental and physical ability, and readiness for all 4,000 individuals on flight status on post.
The full sworn affidavit is here
https://www.deepcapture.com/2021/09/...unction-order/
It's a good site, no spam or IP grabbers. I have the PDF somewhere, but can't find it right now.
Read her whole sworn testimony. Pretty damning.
#19
It could be done, it's common enough with chickenpox, but obviously we have a lot of experience with that bug...
https://www.cdc.gov/shingles/surveillance.html
and although zostavax is 50% efficacious and two shots of shingrix are 90% efficacious, nobody mandates that anyone get them and immunization rates even in the elderly are only about 35% in the Anglo population, much less in Hispanics and Blacks. Yet nobody seems to be going in high dudgeon about it, even though it can be a serious disease.
And of course for those who develop varicella pneumonia, the case fatality figures rival those of smallpox - approaching 10-30%. .
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2732098/
#20
Banned
Joined APC: Sep 2015
Position: 3+ hour sit in the ATL
Posts: 1,982
Google Patrick Byrne. That's his site
Google AFLDS TRO v DOD and the jab. The filing and all supporting exhibits are there including the one I linked to. It was easier than telling you to go dig thru all the stuff yourself.
Next time I won't bother saving you or anyone else the time.
Last edited by Drum; 09-26-2021 at 08:09 PM.
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