Beating the Mandates in Court
Oct 26, 2021 23:24:19 GMT -5
Post by maybetoday on Oct 26, 2021 23:24:19 GMT -5
October 26, 2021
Beating the Mandates in Court
By Ted Noel
Thousands of people are challenging the vaccine mandates. For them the “get shot or get fired” ultimatum is a bridge too far. Southwest Airlines recently discovered that such pressure isn’t working when they had to cancel a lot of flights because they didn’t have staff. Locations with Lockdown Lefty Lunatics in charge are losing people. Over a thousand people a day are moving to the Free State of Florida where mandates are strongly discouraged. But federal courts are ruling in favor of mandates right and left. Why?
Welcome to the Supreme Court. In 1905 (Jacobsen v. Massachusetts, 197 US 11) the Court ruled that the state could require citizens to get a smallpox vaccination. This case is being used as a blanket authority for every vaccine mandate to be approved. And as the Bard said, “Aye, there’s the rub.” If the term “vaccine” is all that’s considered, no one has a prayer in court. But if we can pry a few layers off that onion, there is a clear way to show that Jacobsen is not a precedent that any lower court should consider.
Smallpox is a very contagious disease with up to 20% mortality. It’s spread by contact, so an infected person can easily give someone else a deadly disease. This was a clear public health issue in 1904. At that time vaccination involved administering an orthopox virus that created powerful smallpox immunity without making the individual sick. Thus, the mandate was in fact a de minimus burden on the recipient’s freedom with a significant probability of preventing the illness of another person. This tells us where we must look.
COVID-19 is spread by aerosols, not contact. It is therefore not comparable to smallpox unless COVID-19 vaccinations in fact prevent the spread of COVID-19 from a vaccinated person to an unvaccinated person. But they do not and cannot. We now know that fully vaccinated and immune persons can be infected and exhale just as much active virus as persons ill with the disease. This sounds like nonsense, but has a very solid medical basis.
Because COVID-19 is spread by aerosol, infected aerosols are breathed in by nearby people, regardless of their immune status. Those aerosols come in contact with pneumocytes, the structural cells of the alveoli (air sacs). The virus attaches to the ACE2 receptor and enters the cell where it multiplies. It is then released by the cell, mostly into the alveolus, where it is exhaled as a water vapor aerosol. The individual’s immunity is not involved, since antibodies and killer T-cells live in the bloodstream on the other side of the alveolar basement membrane. Those antibodies and T-cells mop up viruses that the pneumocytes release across the basement membrane,
preventing illness.
Continued at link
Beating the Mandates in Court
By Ted Noel
Thousands of people are challenging the vaccine mandates. For them the “get shot or get fired” ultimatum is a bridge too far. Southwest Airlines recently discovered that such pressure isn’t working when they had to cancel a lot of flights because they didn’t have staff. Locations with Lockdown Lefty Lunatics in charge are losing people. Over a thousand people a day are moving to the Free State of Florida where mandates are strongly discouraged. But federal courts are ruling in favor of mandates right and left. Why?
Welcome to the Supreme Court. In 1905 (Jacobsen v. Massachusetts, 197 US 11) the Court ruled that the state could require citizens to get a smallpox vaccination. This case is being used as a blanket authority for every vaccine mandate to be approved. And as the Bard said, “Aye, there’s the rub.” If the term “vaccine” is all that’s considered, no one has a prayer in court. But if we can pry a few layers off that onion, there is a clear way to show that Jacobsen is not a precedent that any lower court should consider.
Smallpox is a very contagious disease with up to 20% mortality. It’s spread by contact, so an infected person can easily give someone else a deadly disease. This was a clear public health issue in 1904. At that time vaccination involved administering an orthopox virus that created powerful smallpox immunity without making the individual sick. Thus, the mandate was in fact a de minimus burden on the recipient’s freedom with a significant probability of preventing the illness of another person. This tells us where we must look.
COVID-19 is spread by aerosols, not contact. It is therefore not comparable to smallpox unless COVID-19 vaccinations in fact prevent the spread of COVID-19 from a vaccinated person to an unvaccinated person. But they do not and cannot. We now know that fully vaccinated and immune persons can be infected and exhale just as much active virus as persons ill with the disease. This sounds like nonsense, but has a very solid medical basis.
Because COVID-19 is spread by aerosol, infected aerosols are breathed in by nearby people, regardless of their immune status. Those aerosols come in contact with pneumocytes, the structural cells of the alveoli (air sacs). The virus attaches to the ACE2 receptor and enters the cell where it multiplies. It is then released by the cell, mostly into the alveolus, where it is exhaled as a water vapor aerosol. The individual’s immunity is not involved, since antibodies and killer T-cells live in the bloodstream on the other side of the alveolar basement membrane. Those antibodies and T-cells mop up viruses that the pneumocytes release across the basement membrane,
preventing illness.
Continued at link