Judge blocks Biden vaccine rule, citing “liberty interests of the unvaccinated”
A federal judge yesterday blocked a Biden administration COVID-19 vaccine mandate for health care workers, granting a request for preliminary injunction filed by Republican attorneys general from 14 states.
US District Judge Terry Doughty ruled that the government lacks authority to implement the rule that "requires the staff of twenty-one types of Medicare and Medicaid healthcare providers to receive one vaccine by December 6, 2021, and to receive the second vaccine by January 4, 2022." Providers that don't comply face penalties, including "termination of the Medicare/Medicaid Provider Agreement."
The Centers for Medicare and Medicaid Services (CMS) mandate regulates over 10.3 million health care workers in the US, of which 2.4 million are unvaccinated. The Biden vaccine rule is being challenged by the attorneys general from Louisiana, Montana, Arizona, Alabama, Georgia, Idaho, Indiana, Mississippi, Oklahoma, South Carolina, Utah, West Virginia, Kentucky, and Ohio. The Republican AGs' lawsuit was filed against CMS and the US Department of Health and Human Services.
The preliminary injunction they won applies nationwide except for 10 states that "are already under a preliminary injunction order dated November 29, 2021, issued by the Eastern District of Missouri," a court order said. Those states are Alaska, Arkansas, Iowa, Kansas, Missouri, New Hampshire, Nebraska, Wyoming, North Dakota, and South Dakota.
What states did not participate in this lawsuit and were not covered by the earlier preliminary injunction — i.e. got swept into this decision?
California, Colorado, Connecticut, Delaware, District Of Columbia, Florida, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, and Wisconsin.
(Score: 5, Informative) by dalek on Thursday December 02 2021, @03:57AM (27 children)
Actually, there is case law supporting vaccine mandates, namely Jacobson v. Massachusetts (1905). Here's a good summary of the history behind the Jacobson case and the precedent it set: https://www.politico.com/news/magazine/2021/09/08/vaccine-mandate-strong-supreme-court-precedent-510280 [politico.com].
Considering all the precedent that is being tossed aside, this ruling looks a lot more like the type of judicial activism that conservatives complain about... apparently unless it involves overturning policy they dislike.
THIS ACCOUNT IS PERMANENTLY CLOSED
(Score: 0, Redundant) by Runaway1956 on Thursday December 02 2021, @04:05AM (3 children)
Judicial activism? I don't see it. What I see, are a lot of people hyped up over the Wuhan flu, demanding that everyone get vaxxed, so they can feel better.
Why are the poorest countries in Africa not all falling over dead? https://openknowledge.worldbank.org/bitstream/handle/10986/33844/COVID-19-Mortality-in-Rich-and-Poor-Countries-A-Tale-of-Two-Pandemics.pdf?sequence=5&isAllowed=y [worldbank.org]
(Score: 3, Insightful) by Anonymous Coward on Thursday December 02 2021, @04:46AM (2 children)
That paper even explains why its own methods are dishonest: it's a data quality issue due to vastly more testing in richer countries. They explicitly decide to not use the excess deaths measure that others use to work around that, claiming that also has data quality issues but not anywhere near as bad as the numbers they are using.
(Score: 0, Insightful) by Anonymous Coward on Thursday December 02 2021, @05:05AM (1 child)
When you need "data quality" to NOTICE your "deadly pandemic", and STILL cannot understand why people do not believe you...
In real epidemics, people SEE those excess deaths. They do NOT need a government propaganda machine to tell them horror stories day and night.
Actually, in all real epidemics, governments were trying to CALM the people; the fearmongering in this one was the first sign of something very fishy, right then in spring 2020.
(Score: 1, Funny) by Anonymous Coward on Friday December 03 2021, @02:49AM
Ah, we're back to this. It's not happening, because there aren't dead bodies lying outside of my doorstep.
(Score: 1, Informative) by Anonymous Coward on Thursday December 02 2021, @04:08AM (21 children)
https://en.wikipedia.org/wiki/Buck_v._Bell [wikipedia.org]
More of nice doubleplusgood case law for you to support.
(Score: 2) by Runaway1956 on Thursday December 02 2021, @04:13AM (20 children)
You know who else Hitler admired? Margaret Sanger! And, she admired Adolf as well!
(Score: 5, Informative) by dalek on Thursday December 02 2021, @04:30AM (3 children)
You're hardly the first to compare vaccine mandates to Nazi Germany. See https://www.washingtonpost.com/nation/2021/08/20/maine-heidi-sampson-nazi-vaccine/ [washingtonpost.com], https://www.washingtonpost.com/nation/2021/10/01/anchorage-mayor-bronson-star-of-david/ [washingtonpost.com], and https://www.washingtonpost.com/nation/2021/11/16/jeffrey-dinowitz-antisemitic-protest-vaccine/ [washingtonpost.com] for other similarly offensive comparisons.
From one of those articles:
Data clearly show that the three COVID vaccines authorized for use in the US are both safe and effective. How, exactly, does requiring vaccination equate to forced sterilization and other cruel medical experiments?
Your comparison of mandating safe and effective vaccines to historical atrocities is a false equivalency, asinine, and offensive.
THIS ACCOUNT IS PERMANENTLY CLOSED
(Score: 3, Insightful) by legont on Thursday December 02 2021, @07:45AM
Why did they force me to sign "I am responsible for anything" agreement before the vaccination? It actually said that the vaccine was not approved and I am taking it at my own risk.
This is a rhetorical question as I am off course know why. The risk is too high for any business and even the government to take so they force the agreement upon the people.
"Wealth is the relentless enemy of understanding" - John Kenneth Galbraith.
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @12:27PM
I don't disagree with you, but please recall that forced sterilization continues to this day in the United States [washingtonpost.com].
This isn't the country I was sold as a child; this is some horrific 1984 shit.
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @11:11PM
We see you! [youtube.com]
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @05:51AM (9 children)
That admiration is exactly why she was one of the board members and chief fundraisers of the American Council Against Nazi Propaganda. That's what support looks like, right?
(Score: 2) by Runaway1956 on Thursday December 02 2021, @12:37PM (8 children)
https://thecatholictruth.org/margaret-sanger-and-eugenics/ [thecatholictruth.org]
Sanger was no more anti-Nazi than Goering was.
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @02:14PM (2 children)
You believe the Catholic Church?
--
No Communion - No Collection
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @05:53PM (1 child)
I trust the Catholic Church at least as much as I trust any political party. I trust a priest at least as much as I trust any politician. You might ask Sleepy Catholic Joe whether he trusts the Catholic Church.
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @08:03PM
You trusted John Geoghan?
(Score: 0) by Anonymous Coward on Friday December 03 2021, @03:12AM (4 children)
She was for eugenics not based on race through birth control and abortion (but explicitly spoke against euthanasia of the already born). While Catholics might think that is equivalent to industrialized murder of races or ethnicities you don't like regardless of any other attribute of theirs ala the Nazis, most of the world is not that far gone. Do you have any other "Sanger liked Nazis" arguments other than false equivocation?
(Score: 2) by Runaway1956 on Friday December 03 2021, @04:53AM (3 children)
https://www.youtube.com/watch?v=_asNhzXq72w [youtube.com]
We have a loser here. Margaret Sanger was most certainly invested in eliminating the Black, or Negro race.
I'll grant that Sanger didn't lead KKK parades, nor did she visit the death camps in Germany to personally kill a few Jews. She probably didn't address black people to their faces as "nigger" or "Boy". But the bitch was far more racist than you can imagine. She often talked about the "weeds of society". To her, that meant Blacks, Slovaks, Asians, Native Americans, probably Mediteranean Euros, possibly even Germans. Let's remember that just a few generations ago, Germans weren't "white". Even in the 1950s, Slovaks weren't "white", nor were Italians. Sanger dreamed of a White World, just like Hitler did. A White World has room for Englishmen, Frenchmen, the Nordic peoples, and very little else.
(Score: 0) by Anonymous Coward on Saturday December 04 2021, @01:03AM (1 child)
The "I'm not technically white so I can't technically be a cissy racist" defense.
(Score: 0) by Anonymous Coward on Saturday December 04 2021, @05:13AM
Wrong again. If a defense were needed, it would look more like, "You ignorant fools who can't tell an Englishman from a Slovak are in no position to judge anyone."
(Score: 0) by Anonymous Coward on Saturday December 04 2021, @05:02AM
That's a lot of words when you could have just said "no."
P.S. there is a pretty major hint in that last quote.
(Score: 2) by mhajicek on Thursday December 02 2021, @06:02AM (2 children)
You like ice cream?
You know who else liked ice cream?
Adolf Hitler!
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @06:28AM
Nice false equivalency. But not as nice as a bowl of ice cream!
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @02:38PM
So does the Pope.
https://www.theguardian.com/world/2021/sep/08/pope-francis-sends-ice-creams-rome-prisoners [theguardian.com]
(Score: -1, Troll) by Anonymous Coward on Thursday December 02 2021, @11:20AM (1 child)
Runaway admired Hitler, and Tucker Carlson, and Andrew Brietbarf, and Ann Coulter. Not to mention Hilary Clinton, and his future First Lady, Sarah Huckabee Something-Something. Poor Runaway.
(Score: 0) by Anonymous Coward on Thursday December 02 2021, @02:26PM
and himself in the mirror.
(Score: 2) by Thexalon on Thursday December 02 2021, @06:52PM
And by that same reasoning, anybody who enjoys listening to "Ride of the Valkyries" is a Nazi sympathizer.
The only thing that stops a bad guy with a compiler is a good guy with a compiler.
(Score: 2) by darkfeline on Thursday December 02 2021, @05:57AM
I suppose you missed the part about the ruling being specifically about the $5 fine being reasonable? If we're being honest, applying this decision to the current times would mean that states would be able to assess a $150 dollar fine (the equivalent scaled for inflation) for violating vaccine requirements. I'm pretty sure all of the many vaccine mandates flying around now are not merely $150 fines.
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