{"id":99258,"date":"2021-12-01T12:01:24","date_gmt":"2021-12-01T16:01:24","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=99258"},"modified":"2021-12-01T12:02:02","modified_gmt":"2021-12-01T16:02:02","slug":"yuuuuuge-news-about-two-more-court-cases-that-almost-completely-wreck-the-biden-mandates","status":"publish","type":"post","link":"https:\/\/stateofthenation.co\/?p=99258","title":{"rendered":"

YUUUUUGE news about two more court cases that almost completely wreck the Biden vax mandates<\/b><\/h3>"},"content":{"rendered":"

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☕️ Coffee & Covid \u2619 December 1, 2021 \u2619 WRECKED! 🦠<\/h1>\n

Giant news about two more court cases that almost completely wreck the Biden Mandates; Chris Cuomo experiences an employment change; South Africa didn’t start Omicron after all; and more…<\/h3>\n\n\n\n
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Jeff Childers<\/a><\/div>\n<\/div>\n\n\n\n
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As the great news kept tumbling out of the roaster yesterday, two thoughts began percolating in my mind, thoughts that have been distant from the old grey matter for two years now: first, maybe I will finally have time to start my workout routine back up and shed my pandemic pounds! And second, what on Earth am I going to write about when this madness is over?<\/em><\/p>\n

I\u2019ve been telling you this day was coming for a while now. Well, it came. As the last misty shreds of The Narrative blew into the wind, like a vampire that\u2019s been burned up in the sunlight, and after the Missouri court halted the CMS Mandate in ten states on Monday \u2014 yesterday, two MORE courts wrecked the Biden mandates. Wrecked them. <\/em><\/p>\n

We are in mop-up operations now. Put on some cheerful Christmas music and get ready to feel terrific.<\/em><\/p>\n

 <\/p>\n

🗞 *THE C&C ARMY POST* 🗞<\/h4>\n

🔥🔥🔥 OPERATION MULTIPLIER: I got official word from the DeSantis campaign yesterday: Coffee & Covid raised over $60,000 in ONE DAY in small donations when we multiplied the Governor. It won\u2019t guarantee his re-election or anything, but it put us on the map and it sent a clear message. A message that was received, loud and clear. It\u2019s something none of us could have done individually \u2014 but, working together, we definitely moved the needle. Congratulations!<\/p>\n

Sure, it could have been more. But it was our first one. Success breeds success. I am gratified and encouraged, and I don\u2019t think it was an accident that the dispatch was delivered here to the front lines on the very same day that all the other splendid news came through. I think it was providential.<\/p>\n

We are on a roll. We\u2019re going to keep rolling, too, until the whole country is free.<\/p>\n

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🗞*COVID NEWS AND COMMENTARY* 🗞<\/h3>\n

🔥 A Louisiana federal court joined the Missouri court in enjoining the illegal and reprehensible Biden CMS Mandate \u2014 except this court went ahead and enjoined it for the WHOLE COUNTRY. Why? Here\u2019s what the court said:<\/p>\n

\u201cAlthough this Court considered limiting the injunction to the fourteen Plaintiff States, there are unvaccinated healthcare workers in other states who also need protection. Therefore the scope of this injunction will be nationwide[.]\u201d<\/p><\/blockquote>\n

BOOM.<\/p>\n

Now, if you only watch CNN and corporate media, and their fatuous brain-dead \u201cexperts,\u201d you probably think the Biden Mandates are just fine, perfectly legal, unremarkable and completely constitutional. But if you read Coffee & Covid, you\u2019ve known since day one that they were deranged and grotesque mockeries of the Constitution. And the Louisiana court agreed:<\/p>\n

\u201cIf the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property \u2013 the power to make rules, to enforce them, and to judge their violations \u2013 could never fall into the same hands. If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, two of the three powers conferred by the Constitution would be in the same hands.\u201d<\/p><\/blockquote>\n

Finally! We\u2019ve been waiting for almost two years for a court to point out all this overreaching executive \u201cemergency\u201d authority is unconstitutional.<\/p>\n

Next, it\u2019s impossible to understate the significance of this point. Pay attention. Biden, Fauci, Walensky, and the faceless drones at the CDC and the FDA are all STILL SAYING that the Mandates make sense, because the injections are so very very safe and effective. But five separate federal courts have now resisted all that authority \u2014 including my case. This means that the \u201cgold star\u201d agencies have no more persuasive credibility, and are just wholly-owned political insects that have made themselves into a laughingstock. Whatever reputational integrity they once had is now dead, disinfected, like a virus in the sunshine. The CDC and the FDA are now \u201cfools gold\u201d agencies.<\/p>\n

Thanks Joe Biden!<\/p>\n

Not one of the five new federal opinions gives any weight at all to whatever Biden, Fauci, or Walensky are saying. Not mine, not the Fifth Circuit when it enjoined the OSHA Mandate, not the Missouri court when it enjoined the CMS Mandate, not the Kentucky court I\u2019ll get to in a minute, and not the Louisiana court in this case. None of them. Trust the experts? What experts.<\/p>\n

Like the Missouri court, the Louisiana court called CMS\u2019s experts liars, in fancy judge language:<\/p>\n

\u201cThe Plaintiff States also argue that CMS\u2019s rationale is flagrantly pretextual. The Government Defendants say it is not pretextual, but it is obvious that the mandate was enacted as a result of President Biden\u2019s September 9, 2021, declaration of his intention to impose a national CMS Mandate. Both the CMS and OSHA vaccine mandates were published on the same day, November 5, 2021. However, the 46-page CMS Mandate does not even mention President Biden\u2019s declaration of a national vaccine mandate. The presence of pretext is enough to render a rule arbitrary and capricious.\u201d<\/p><\/blockquote>\n

A \u201cpretext\u201d is defined as \u201ca false, contrived, or assumed purpose or reason,\u201d and \u201ca cunning trick or dishonest act.\u201d It\u2019s no small thing for a court to accuse CMS of acting under a pretext. And, the court said the pretext was SO BAD it constituted a separate and stand-alone reason to invalidate the whole rule.<\/p>\n

But it got worse for CMS. The judge went ahead and considered the agency\u2019s excuses at face value, evaluated all of CMS\u2019 experts\u2019 arguments about how great injection mandates are, and still found that they ALL came up empty:<\/p>\n

\u201cAlthough CMS spent pages and pages attempting to explain the need for mandatory COVID-19 vaccines, when infection and hospitalizations rates are dropping, millions of people have already been infected, developing some form of natural immunity, and when people who have been fully vaccinated still become infected, mandatory vaccines as the only method of prevention make no sense.\u201d<\/p><\/blockquote>\n

NO SENSE. None. \u201cSenseless.\u201d In other words, a ridiculous travesty. What Narrative?<\/p>\n

But wait. It gets better. The court \u2014 finally! \u2014 asked the question we\u2019ve all been asking:<\/p>\n

\u201cThe CMS Mandate does not yet require boosters to the COVID-19 vaccines. However, the CDC recently recommended boosters. If boosters are needed six months after being \u2018fully vaccinated,\u2019 then how good are the COVID-19 vaccines, and why is it necessary to mandate them?\u201d<\/p><\/blockquote>\n

This is the logical conundrum that I\u2019ve been harping on for two months now. If the vaccines work, why boost them? If they DON\u2019T work, why force people to take them?<\/p>\n

And \u2014 in a remark that must have been extremely gratifying for the beleaguered good doctor \u2014 the court raised this fundamental question about the \u201cefficacy\u201d of the injections, citing Dr. Peter McCullough:<\/p>\n

\u201cDr. McCullough further declared that because of the progressive mutation of the spike protein, the virus has achieved an immune escape from COVID-19 vaccines. He stated the Delta variant is not adequately covered by the vaccines. In other words, even if you are fully vaccinated, you still may become infected with the COVID-19 virus.\u201d<\/p><\/blockquote>\n

Ruh-roh, Scooby. It\u2019s out now! A federal court just grabbed the curtain in its teeth and pulled it back so we can all see the pathetic little public health expert working the machinery.<\/p>\n

There\u2019s more, but it just confirms and expands on the Missouri decision so I won\u2019t repeat it all here.<\/p>\n

The bottom line: all the fretful healthcare workers are resting a LOT easier today. In states that have banned mandates, like Florida, Montana, and Kansas (and maybe Texas), they are pretty much safe now. And even in the other states, healthcare workers now have a place to go. So competitive pressures should start working on hospitals in the mandate-happy states. Or HCWs can just move to Florida, like everybody else is doing. We need docs and nurses here too.<\/p>\n

Don\u2019t underestimate the competitive-pressure factor. The disgraceful, disgusting mega-healthcare-profit engine called Kaiser Permanente and its amoral directors were the original engineers of the national mandates EXPRESSLY because they worried their workers could just quit and go to other hospitals. Nobody should ever again touch Kaiser with a hundred-foot pole, not ever. It should be driven out of business, destroyed, and all records of its existence burned up. Its hospitals should be converted into ivermectin clinics.<\/p>\n

And that\u2019s a longer discussion, which I think I\u2019ll have in an extended podcast-form discussion with some other attorneys about the effect of all these great new decisions. Stand by.<\/p>\n

 <\/p>\n

🔥 Also yesterday, a federal district court in Kentucky became the first court to enjoin the Biden Executive Order Mandate for federal contractors, albeit only in three states (for now). The court said the president can\u2019t just order everybody to take injections:<\/p>\n

\u201cCan 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.\u201d<\/p><\/blockquote>\n

Nope.<\/p>\n

The feds argued that, hey, this mandate only applies to FUTURE contracts, so there\u2019s no harm to anybody right now. So there shouldn\u2019t be an injunction. But the court was having none of it:<\/p>\n

\u201c[I]f the government is already attempting to require contracts not officially covered by the vaccine mandate to still include such a mandate, it stands to reason that contractors who do not comply will likely be blacklisted from future contracting opportunities if they refuse to comply. This is particularly true given President Biden\u2019s remarks on September 7: \u2018If you want to work with the federal government, vaccinate your workforce.\u2019\u201d<\/p><\/blockquote>\n

Common sense!<\/p>\n

The court considered whether the Biden Contractor Mandate had any legitimate relationship with federal contracting, and found that it did NOT:<\/p>\n

\u201cDefendants argue that the nexus between the vaccine mandate and economy and efficiency in federal contracting \u2018is self-evident.\u2019 [But] While the statute grants to the president great discretion, it strains credulity that Congress intended \u2026 a procurement statute to be the basis for promulgating a public health measure such as mandatory vaccination.\u201d<\/p><\/blockquote>\n

More common sense. The court said look, if the president can do THIS under a procurement statute, he can do ANYTHING:<\/p>\n

\u201cIf a vaccination mandate has a close enough nexus to economy and efficiency in federal procurement, then the statute could be used to enact virtually any measure at the president\u2019s whim under the guise of economy and efficiency. \u201c<\/p><\/blockquote>\n

Haha! It got better! The court then put fat-shaming on the table:<\/p>\n

\u201cUnder the same logic employed by the Defendants regarding the vaccine mandate, what would stop FPASA from being used to permit federal agencies to refuse to contract with contractors and subcontractors who employ individuals over a certain BMI for the sake of economy and efficiency during the pandemic? After all, the CDC has declared that obesity worsens the outcomes from Covid-19.\u201d<\/p><\/blockquote>\n

Take that, CDC fat shamers!<\/p>\n

The irrationality of the mandate, and the president\u2019s lack of authority are good. But the best part was when the court got to the constitutional issues. First, it identified the core principle, the separation of powers issue:<\/p>\n

\u201cUnder the nondelegation doctrine, Congress may not delegate legislative power to the President to exercise an unfettered discretion to make whatever laws he thinks may be needed or advisable.\u201d<\/p><\/blockquote>\n

Thank you! Even though he thinks he\u2019s a dictator \u2014 if he thinks at all \u2014 Biden can\u2019t just make up whatever deranged and demented laws he or Fauci can think of. That\u2019s what we have a legislature for.<\/p>\n

Another bit of great news in the decision is that \u2014 like the Missouri decision \u2014 this court ratified my reading of the Jacobson decision, a view the \u201cexperts\u201d have completely ignored since the beginning of the pandemic. My view is that Jacobson says that vaccine mandates are left to state law, and the Louisiana court seems to agree:<\/p>\n

\u201cThe Court is also concerned that the vaccine mandate intrudes on an area that is traditionally reserved to the States. \u2026 Generally, the regulation of health and safety matters is primarily and historically, a matter of local concern. \u2026 The Commerce Clause power may be expansive, but it does not grant Congress the power to regulate noneconomic inactivity traditionally within the States\u2019 police power. In sum, the Mandate would far exceed current constitutional authority.\u201d<\/p><\/blockquote>\n

Maybe you need to be a lawyer to get it, but the phrase \u201cregulate noneconomic inactivity\u201d is intentionally hilarious. The court (citing the Fifth Circuit) is saying the federal government is trying to make laws about things we aren\u2019t even thinking of doing. Super LOL.<\/p>\n

Ultimately the judge considered whether the injunction should be extended nationwide, but due to conservative principles developed during the Trump administration when Hawaii kept enjoining everything Trump did, it limited the order to the three plaintiff states, Kentucky, Ohio, and Tennessee.<\/p>\n

Despite its limited application, the decision gives the other states a template and some new law to cite. Since the federal contractor mandate doesn\u2019t kick in immediately, there\u2019s time for the other states to get in gear, and contractors should now hold off on their mandates, since it looks likely that the EO will fall.<\/p>\n

 <\/p>\n

🔥 The always-reliable Alachua Chronicle broke a story yesterday headlined, \u201cFederal judge to reconsider Florida\u2019s legal challenge to prevent health care worker vaccine mandate.\u201d After rejecting Florida\u2019s request for an injunction of the CMS Mandate last Saturday, and after Florida noticed its appeal to the Eleventh Circuit, Northern District Judge Casey Rodgers issued an order saying she wants to \u201creconsider\u201d her prior ruling. The Chronicle reported:<\/p>\n

\u201cIn light of this law, sovereign interests are implicated, most notably a concern that the new state law creates a conflict that forces state-run agency and facility heads to make a decision by December 6 as to which law to follow, which could give rise to an irreparable sovereign injury,\u201d Rodgers wrote in a short, six-page order. \u201cTherefore, the court will hold a hearing on the matter in advance of December 6, out of an abundance of caution.\u201d<\/p><\/blockquote>\n

I\u2019m not too sure about this. The reconsideration order delays the state\u2019s appeal to the Eleventh Circuit. The judge knows perfectly well that December 6 is one day after most hospitals planned to lay off heroic healthcare workers. But she didn\u2019t grant a short temporary stay until the hearing, although she could have. Fortunately, the Louisiana court enjoined the mandate everywhere. If I were in charge of Florida\u2019s litigation, I\u2019d consider just dismissing the lawsuit today and focusing on the federal contractor case.<\/p>\n

 <\/p>\n

🔥 I have a variety of thoughts about these new decisions. First, I think they might be partly why Biden and Fauci backpedaled this week from trying to engineer a new Omicron panic. They must have known these decisions were coming down the pike. Their lawyers would have told them that things didn\u2019t go well during the hearings. There\u2019s more to it \u2014 I\u2019ll get to that shortly \u2014 but this could have been an epic political setback, for sure.<\/p>\n

In other words, Biden and Fauci can\u2019t afford to be out there blabbering about how dangerous Omicron is and how everybody must be jabbed while multiple courts are saying the exact opposite. If it was just one court, they could dismiss it as an outlier. Just a rogue court. But the weight of all these decisions would completely squash them if they tried to start a new round of lockdowns and mandates.<\/p>\n

Second, there are still a couple mandates still pending. The federal employee mandate is one, and the military mandate is the other. We still have work to do. But as you can clearly see, the cruise ship has turned around and is heading back to port. In Florida.<\/p>\n

 <\/p>\n

🔥 Just when you thought the news couldn\u2019t possibly get any better, the Epoch Times reported that CNN suspended its disgraceful host Chris Cuomo \u201cindefinitely\u201d yesterday, following news earlier this week that he had tapped sources to help his brother, the similarly-disgraced mass-murdering former New York Governor Andrew Cuomo.<\/p>\n

\u201cThe New York Attorney General\u2019s office released transcripts and exhibits Monday that shed new light on Chris Cuomo\u2019s involvement in his brother\u2019s defense,\u201d a CNN spokesperson said Tuesday evening. \u201cThese documents point to a greater level of involvement in his brother\u2019s efforts than we previously knew. As a result, we have suspended Chris indefinitely, pending further evaluation.\u201d<\/p>\n

Buh-bye Chris! At least, for now. We won\u2019t miss you.<\/p>\n

 <\/p>\n

🔥 This next story is the second reason I think Biden and Fauci may have backed off Omicron earlier this week. CBS News reported yesterday that \u201cOmicron COVID variant was in Europe before South African scientists detected and flagged it to the world.\u201d<\/p>\n

Uh-oh. CBS reported that older European samples contain Omicron and pre-date the samples from South Africa:<\/p>\n

\u201cDutch health authorities announced on Tuesday that they found the new Omicron variant of the coronavirus in cases dating back as long as 11 days, indicating that it was already spreading in western Europe before the first cases were identified in southern Africa. The RIVM health institute said it found Omicron in samples dating from November 19 and 23. Those findings predate the positive cases found among passengers who came from South Africa last Friday and were tested at Amsterdam\u2019s Schiphol airport.<\/p><\/blockquote>\n

This is a big problem for the Biden Administration, which looks a whole lot like they jumped the gun declaring travel restrictions with African countries. It looks a lot more like REAL racism now. Biden just assumed the new variant came from Africa. Because all African variants look the same to him or something. Cue all the truly racist things Biden has said over the years, not least of which was \u201cif you don\u2019t vote for me, you ain\u2019t black.\u201d<\/p>\n

Why\u2019d he say \u201cain\u2019t?\u201d Oh, never mind.<\/p>\n

So \u2026 once again, it only took about ten seconds for the facts to prove Biden and Fauci wrong. How much has the new travel ban cost so far? Dummies! Who\u2019s going to pay for all this wreckage? Maybe somebody should grab the signing pen away from Biden and make sure Fauci\u2019s not always standing behind him telling him what to do.<\/p>\n

 <\/p>\n

💉 As of yesterday, Michigan, Vermont, and New Hampshire are all at the highest levels of confirmed hospitalizations they\u2019ve been at any point in the pandemic. New York is at the highest point they\u2019ve been since April. And Newsweek \u2014 Newsweek! \u2014 ran an article last week headlined, \u201cCOVID Cases Are Surging in the Five Most Vaccinated States.\u201d All five of them. Safe and effective!<\/p>\n

But down here in Florida, we\u2019re at the LOWEST levels. We\u2019re \u2018blue.\u2019<\/p>\n

So\u2026😇<\/p>\n

 <\/p>\n

📊 *COVID IN FLORIDA AND ALACHUA COUNTY* 📊<\/h4>\n

There\u2019s a new weekly report out today, but since I\u2019m long, I\u2019ll wait till tomorrow to break it down for you. In summary, we look great. All the important metrics ticked down again \u2014 even though last year at this time Florida was creeping up toward the winter Covid season. Stay tuned!<\/p>\n

God Bless all of you on this fine first day of December. Come back with your coffee cup tomorrow for more. See you then!<\/p>\n

___
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