Tag: law

The Limits of JACOBSON

Karl Denninger points out the significance of the recent 9th Circuit Court decision overturning the constitutionality of Covid-19 mandates is that it goes far beyond the not-vaccine of the Vaxx to disqualify the vast majority of current vaccines:

So why is this decision much larger than just Covid?

Because since the DTP vaccine fiasco that led to the NCVIA multiple (and indeed nearly all) alleged “vaccines”, along with the original injected polio formulation still used (IPV) are in fact personal prophylaxis and do not prevent either contracting or transmitting the disease in question. Specifically all of the following fall into this category and thus all of them, per this decision, cannot be mandated by any government-connected agency including a school or a medical system citing government contracts (e.g. Medicare):

IPV – injected polio. Of note OPV, the oral version, colonizes the gut and is sterilizing. We used to give IPV first to prevent the rare reversion that can occur with OPV and cause polio but since polio has disappeared from the United States we no longer do.

The aP portion of DTaP, the reformulated DTP shot that led to the injuries in the 1970s, and since it is not separable from the other two none of the three can be mandated so long as they are combined. Further Tetanus, which might well be a very good idea to take anyway for what should be obvious reasons, can’t be mandated at all because it is not transmissible at all between persons. Therefore it is entirely legitimate to legally force the separation of all three shots.

Flu shots — they do not sterilize. Period.

Hep-B — Commonly given to infants this is a non-sterilizing shot and is utterly worthless in infants generally since Hep-B is passed only through blood and serum exchange, meaning injected drugs and (especially anal) sex. Obviously an infant subjected to either of those is being wildly abused but this also means no mandate can be enforced in this regard when it comes to adults even in health care as there is no sterilization effect and thus it cannot protect potential patients from exposure.

Vit-K — Commonly given to infants at birth this has no immunization effect at all and thus is mere personal prophylaxis which the parents, as agents for the child, have an unquestioned right to direct in the acceptance or refusal without interference.

RSV – A new one the CDC is now pushing but it is non-sterilizing. The safety profile over long periods of time is unknown as the shot is too new but it uses mRNA technology which makes it instantly suspect as the dose of the actual antigen producing thing cannot be controlled.

Rotavirus – Again, non-sterilizing.

Varicella (chicken pox) – Again, non-sterilizing however, since Chicken Pox is wildly more dangerous in adults than children if you haven’t gotten it the old-fashioned way by the time you go into school you probably want to consider it for that reason.

Meningococcal – That too is non-sterilizing and yet colleges, in particular, try to mandate it. Under this decision that is also illegal as the benefit is entirely personal.

The reason is that the basis for which Jacobson permitted the smallpox vaccine mandate is because the vaccine was sterilizing. As Denninger explains: “the case turned on the fact that the smallpox vaccine in question was sterilizing; that is, it prevented spread of the disease because once inoculated you could neither acquire or transmit the infection. On this basis the Supreme Court held that despite a person’s objections and potential harms from taking it they could be fined if they refused.”

This means there is virtually no grounds for submitting to any vaccine mandate in the future. Unless and until a vaccine is legally declared to be sterilizing by a court, any attempt to mandate it is unconstitutional and illegal on its face.

DISCUSS ON SG

Not-Vaxx Never Mandatory

The Ninth Circuit Court of Appeals ruled that California’s attempt to mandate the Covid-19 shots was illegal and that Jacobson v. Massachusetts did not apply because the not-vaxx is not a vaccine and the state could not claim a legitimate state interest in forcing medical treatments that do not provide immunity.

Health Freedom Defense Fund et. al have won a significant victory in the Ninth Circuit, which reversed dismissal of their lawsuit challenging the Los Angeles Unified School District’s (“LAUSD”) mandatory vaccination policy for all employees.

Reversing the decision of the Central District of California in Los Angeles, the Ninth Circuit majority held that, first, the case was not mooted by LAUSD’s rescission of the mandate after oral argument last September, 2023. The majority called out LAUSD’s gamesmanship for what it was – a bald-faced attempt at avoiding an adverse ruling by trying to create an issue of mootness. On the merits, the majority ruled that the district court had misapplied the Supreme Court’s 1905 decision in Jacobson v. Massachusetts when it dismissed LAUSD’s lawsuit on grounds that the mandate was rationally related to a legitimate state interest. In Jacobson, the Supreme Court upheld the constitutionality of a smallpox vaccination mandate because it related to “preventing the spread” of smallpox.

The majority, however, noted that HFDF had alleged in the lawsuit that the COVID jabs are not “traditional” vaccines because they do not prevent the spread of COVID-19 but only purport to mitigate COVID symptoms in the recipient. This, HFDF had alleged in its complaint, makes the COVID jab a medical treatment, not a vaccine.

The court recognized that mitigating symptoms rather than preventing the spread of disease “distinguishes Jacobson, thus presenting a different government interest.” Based on this reasoning, the majority disapproved the trial court’s contention that, even if the jabs do not prevent the spread, “Jacobson still dictates that the vaccine mandate is subject to, and survives, the rational basis test.”

The court held that “[t]his misapplies Jacobson,” which “did not involve a claim in which the compelled vaccine was ‘designed to reduce symptoms in the infected vaccine recipient rather than to prevent transmission and infection.”’ Jacobson does not, the majority concluded, extend to “forced medical treatment” for the benefit of the recipient.

The court declined to give any deference to pronouncements by the CDC that the “COVID-19 vaccines are safe and effective.” As the court asked rhetorically, “safe and effective” for what? The majority pointed to HFDF’s allegation that CDC had changed the definition of “vaccine” in September 2021, striking the word “immunity” from that definition. The court also noted HFDF’s citations to CDC statements that the vaccines do not prevent transmission, and that natural immunity is superior to the vaccines.

In a separate concurrence, Judge Collins wrote that the district court “further erred by failing to realize that [HFDF’s] allegations directly implicate a distinct and more recent line of Supreme Court authority” for the proposition that “a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment[.]” Citing the Supreme Court’s decision in Washington v. Glucksberg, Judge Collins noted that the right to refuse unwanted medical treatment is “entirely consistent with this Nation’s history and constitutional traditions,” and that HFDF’s allegations in this case “are sufficient to invoke that fundamental right.”

It’s important to note, since this will not be the last attempt to at global depopulation, that most of the pragmatic appeals to getting vaxxed have turned out to have been based on false assumptions and illegal actions by corporations and various levels of government.

DISCUSS ON SG

The Congressional Police

Apparently the US Congress is now the global antisemitism police force:

US lawmakers are outraged at the Maldives for its recent decision to ban Israeli passport holders from entering the country due to war crimes connected with Israel’s controversial military operations in Gaza. The Indian Ocean archipelago state is known for its luxury resorts and high-end travel in scenic, paradise beach locations. The president’s office announced Sunday that the cabinet is moving to update national entry laws in order to bar Israeli passport holders’ entry.

But US Congress members are working punish the Maldives over the controversial move, with Representative Josh Gottheimer (D-NJ) drafting legislation that could slash all aid to the Muslim-majority nation… There are 27 other Muslim-majority countries in the world which currently have a ban on Israeli passport holders – many of them located in the Middle East and North Africa.

Now, I think the USA should end all foreign aid to every country. So, refusing to send money to the Maldives is not exactly an action that merits criticism. However, it does raise the interesting question of why these US lawmakers are so “outraged” at a sovereign nation controlling who is, and who is not, allowed to enter its borders.

These US lawmakers wouldn’t happen to be Israeli passport holders, would they?

DISCUSS ON SG

Russia 1, Pride 0

No wonder Clown World is raging about its ongoing defeat at the hands of Christian Russia:

The US-based company behind the popular language-learning application Duolingo has agreed to remove content potentially violating Russian “LGBT propaganda” laws, the country’s media watchdog, Roskomnadzor, has announced. The watchdog said on Tuesday it had received a letter from the company on the matter, confirming its compliance with the nation’s legislation.

“The Duolingo company sent a response letter to Roskomnadzor, in which it confirmed that it had removed materials promoting non-traditional sexual relationships from its educational application,” the watchdog told TASS in a statement.

Roskomnadzor handed Duolingo a notice in April about its potential violation of Russian legislation and warning it “about a ban on publication of any materials promoting non-traditional sexual relations.” Failure to comply with such demands results in hefty fines for companies operating in Russia, and further non-compliance could potentially lead to their online services being blocked by the watchdog.

That’s how easy it will be to rein in the satanists in the post-WWIII world, now that the falseness of the “free speech” rhetoric has finally been fully revealed. There is no such thing as free speech, the only disputable element is who defines what speech is permissible and what is not.

Free speech is the inversion of a factual observation by Martin Luther, who said that a man’s thoughts are free precisely because they remain unspoken, unheard, and therefore unknown to anyone but God.

DISCUSS ON SG

Neoclowns are Getting Sporty

The State Department seized Scott Ritter’s passport to keep him from travelling to Russia:

The US State Department has seized the passport of former Marine and UN weapons inspector Scott Ritter, he told RT on Monday. Ritter was on his way to Russia for the St. Petersburg International Economic Forum (SPIEF) when he was pulled off the plane and had his documents confiscated.

“I was boarding the flight. Three [police] officers pulled me aside. They took my passport. When asked why, they said ‘orders of the State Department’. They had no further information for me,” Ritter told RT. “They pulled my bags off the plane, then escorted me out of the airport. They kept my passport.”

Ritter is a former US Marine Corps intelligence officer, who later served as the US and UN weapons inspector in Iraq.

Land of the free… On the bright side, it appears the State Department has finally realized that they are not, in fact, winning their proxy war in Ukraine.

DISCUSS ON SG

Guilty on All Charges

President Trump was found “guilty” on all 34 charges in one of the most absurd and obviously fake trials in history.

A New York jury on Thursday found Donald Trump guilty on all 34 felony counts of falsifying business records — the first time a former U.S. president has been convicted of a crime.

The jury reached its verdict in the historic case after 9.5 hours of deliberations, which began Wednesday.

He’ll be sentenced on July 11, four days before the Republican National Convention. He faces penalties ranging from a fine to four years in prison on each count, although it’s expected he would be sentenced for the offenses concurrently, and not consecutively.

Clown World at its finest. Meanwhile, the DOJ still can’t manage to find anything with which to charge Hunter Biden.

DISCUSS ON SG

Sometimes Tropes are True

SHOT: “Any suggestion that other considerations were involved in the decision-making process is completely false, and the insinuation that Jewish donors secretly plotted to influence government operations is an all too familiar antisemitic trope that the Washington Post should be ashamed to ask about, let alone normalize in print… saying Jews ‘wielded their money & power in an effort to shape American views’ is offensive on so many levels.”

CHASER: Two Republican congressmen have introduced legislation that would provide the same employment and economic protections to Americans serving in the Israeli military as US citizens who get deployed to serve in the US military. Around 23,380 American citizens are currently serving in the Israeli army, according to a February report by The Washington Post.

To the contrary, any U.S. citizen who serves in the armed forces of any foreign nation, including Israel, should have his U.S. citizenship automatically revoked, be permanently expelled from the United States, and face criminal charges of treason if he enters U.S. territory in the future.

This is precisely why dual-citizenship needs to be made illegal again, as it was for most of U.S. history. No wonder the Clown World edition of the USA is a powder keg just waiting for a series of events to set it off. No nation that has been invaded and occupied to such a comprehensive extent has ever survived intact.

DISCUSS ON SG

Nothing They Can Do

It’s such a shame that no one can do anything about Sean Combs beating the hell out of a young woman, despite the fact that there is clear video evidence of the assault.

LA District Attorney George Gascón says he is not able to prosecute Sean ‘Diddy’ Combs over the 2016 assault on Cassie Ventura caught on video because it happened too long ago. The Los Angeles district attorney’s office has announced that they cannot prosecute Sean “Diddy” Combs over a video showing him assaulting Cassie Ventura at a California hotel.

“The conduct would have occurred beyond the timeline where a crime of assault can be prosecuted,” implicating the statute of limitations in an Instagram post on Friday. California’s statute of limitations is one year for simple assault and three years for felony assault.

The footage, initially obtained by CNN, depicts the rapper in March 2016 grabbing Ventura, his then-girlfriend, by the neck, throwing her to the floor, and kicking her multiple times.

And yet, for some reason, he’s not being deplatformed, demonetized, or subjected to media hit pieces, and none of the corporations with which he works are refusing to work with him. Immunity to criminal prosecution is just one of the benefits of taking the ticket… until the Black Rider decides you’re no longer of sufficient use to him, of course.

I suspect the release of the video is a warning that Mr. Combs’s time is running out.

And in case you ever asked that very stupid question: “why doesn’t someone call the police?” this should answer your question. Because neither the police nor the justice system are allowed to touch the ticket-takers without permission.

UPDATE: No worries, justice is served, and we are assured that Mr. Combs is better now. In fact, we are even told that after going to rehab, he “continues to seek both therapy and spiritual work.”

DISCUSS ON SG

Accountability is Unavoidable

The professional vaxxers are getting worried that their victims are going to hold them personally responsible for what they did:

I was chatting with a friend of mine the other day, from small town Saskatchewan, and he said their local public health nurse has resigned due to death threats. Her father warned her not give the COVID shots, because, he said, “You don’t know what’s in them.” But she was super pro vaccines, so she administered them left, right, and center, and contacted the seniors in her community to come in and “get vaccinated”. She was also somewhat infamous for administering immunizations at the school without parental consent. Well… since 2021, seniors in that small community have been dropping like flies and now, three years later, people are putting two and two together. And they are UPSET.

Then I heard later, of pastors getting death threats for pushing the shot on their congregations for the same reason, so many deaths and side effects. As a side note: if your church is registered under the Canada Corporations Act, it is possible that your pastor or deacon was offered money, by the government to get as many parishioners jabbed up as possible. (If your church issues receipts for charitable donations, it’s registered under the Canada Corporations Act, in case you’re a church going individual and are wondering if this applies to your particular church.)

And now the rats are jumping ship, as well. Health Canada is now saying they were “not aware” that there was DNA in the COVID vaccines. I have a grade nine education and I “was aware’ in 2020, already, that there was sketchy DNA in those shots. If I knew, they knew. And every day I hear of a fresh politician coming out and saying the whole COVID thing was handled wrong, and the vax pass was a bad idea, and they hadn’t supported it from the get-go, and blah, blah, blah. To be clear, they knew EXACTLY what they were doing. Nobody who was pushing this agenda, masks, vaccines, lockdowns, etc. was in the dark. I believe there were unsuspecting individuals who got the shots who didn’t know. But any health care professional, pastor, or politician who was pushing them, or any cop who was enforcing this crap, had been warned by somebody.

Us “anti-vaxxers” have said enough; it’s not our job to hold anybody accountable. But those of you who got it because of pressure from your doctor, your family member who is a nurse, your pastor, your boss, whoever. Hold those people accountable. This is a terrible, terrible thing that has been perpetrated on the world, and the spin off effects will go on for years. Never forget. I’m not saying don’t forgive, but we cannot forget, or it WILL happen again. It will take on a different face, but it will happen again.

I think it will be very difficult for the law to find much fault with the actual victims hounding those who victimized them and materially harmed them, whether their actions were based in fear, misplaced virtue-signaling, or greed. As time goes on, and it becomes ever more clear that the vaxxed have been seriously damaged by the various substances injected into them, I won’t blame any victim who seeks retribution beyond mere ostracism and disemployment.

We can’t be certain that all of the parties responsible for every step of the process were mass-murderers, although some of them at the top almost certainly knew exactly what they were doing and intended the lethal outcomes. But those who administrated the vaxx should confess that they committed mass-manslaughter, as they provably did lethal harm without malice aforethought.

The fundamental problem is that the governments are unlikely to be able to control any future vigilante justice because they have negative incentive to permit the victims to seek legal justice, being themselves among the guilty parties.

DISCUSS ON SG

WWIII and the Élefsiton

Andrei Martyanov corrects some comments by Jeffrey Sachs:

  1. We ARE NOT on the path to WW III, we are already in WW III and the West already lost it. NATO has neither troops nor resources to introduce anything in 404. Russia’s tactical nuclear drills was a message to European chihuahuas, primarily UK, after showing UK ambassador in Moscow the list of British targets Russia will strike OUTSIDE 404 if London continues with terrorism. Russia is not afraid of Article 5.
  2. US is NOT a republic anymore–it is a corrupt uniparty oligarchy sliding towards totalitarianism. Its foreign policy and media are controlled by the state of Israel and Zionist lobby inside the US, which is based on a broad foundation of Christian Zionist population in the US.
  3. US higher education as related to humanities is over. It has been over for some time. Eventually, all remnants of a free thought and facts-based academic study will be purged.

Martyanov is entirely correct. WW3 technically began back in 2014, but will probably be recognized as starting in 2022, just as WWII began in 1931 with the Japanese invasion of Manchuria, not the 1939 German invasion of Poland. It’s not over yet, obviously, but the eventual outcome is no more in doubt than it was in December 1941, and for the same reason: industrial capacity.

The USA hasn’t been a republic since 1865. The most recent change is the foreign seizure of control over the imperial US government, which can be best illustrated by AIPAC’s most recent bragging about how 48 out of 48 Democratic candidates who were funded and endorsed by the organization won their primary races.

And it’s not as if the Republicans are any better, as in addition to criminalizing insufficient personal enthusiasm as well as refraining from economic engagement with Israel, two Republican Senators are now attempting to prevent anyone criticizing Israel from access to air travel.

Sens. Roger Marshall (R-KS) and Marsha Blackburn (R-TN) have introduced a bill that would designate student protesters “Terrorists” and add them to the “No Fly List” for protesting Israel.

It may strike you as counterintuitive, but this point, the US government actions are so obviously intended to generate white-hot hate carefully directed against a very small percentage of the population that it is clear there are only three rational explanations for them:

  1. AIPAC and other political organizations are so stupid that they don’t realize the probable outcome of their attempt to impose a religious totalitarian state on millions of well-armed Americans. Very highly unlikely. It’s just barely possible that they’re legitimately that blinded by arrogance and past success, and certainly there are some individuals who are that clueless and historically ignorant, but I very much doubt that any of the leaders believe they can openly retain control of an increasingly hostile population numbering in the hundred millions for very long. In fact, we know from the 2004 Wye conference that they don’t believe that.
  2. An esoteric mass sacrifice is being prepared in yet another attempt to summon the long-awaited messiah and immanentize the Élefsiton. Just as military generals don’t hesitate to sacrifice hundreds of thousands of their countrymen’s lives in war, the esoteric elite are perfectly willing to sacrifice the ritualistic millions of their own they believe are required to bring about their global rule. Keep in mind there are only two places that Holocaust 2.0 can happen, Israel and the USA.
  3. Because life in the USA among Americans was too easy and risked eventual destruction through integration, it was deemed necessary to increase US anti-semitism to the point that US-resident Jews become sufficiently afraid to make aliyah. Given the growing intensity of the attempt to complete the ethnic cleansing of Palestine and its direct connection to these new anti-semitism laws, as well as open talk of sending the Palestinians to the USA and Canada, this appears to be the most likely motivation. I tend to doubt it is a coincidence that there are a similar number of Jews in the USA and Palestinians in Israel, 6.3 million vs 5.3 million.

Of course, it’s entirely possible for all three motivations to be in effect among the rival elite factions, since the secular faction doesn’t believe in (2) except as a useful justification for (3), while the esoteric faction would support (2) as being entirely in line with its long-term objectives.

Regardless, WWIII is very far from over, and the map of political geography that it creates is probably going to look rather different than today’s map.

DISCUSS ON SG