A small step forward
Last week the US 9th circuit court of appeals ruled that the Las Angeles school division’s COVID vaccine mandate was illegal. COVIDiots were quick to hit the internet declaring that the ruling did not change much but I suspect this ruling will change far more than they think.
The appeal was of a lower court decision that the mandates were legal based on an older ruling known as Jacobson. Jacobson dealt with small pox vaccinations. The appeals court ruled that Jacobson did not apply because the small pox vaccine prevents transmission and the COVID vaccine does not.
At this stage, we must accept Plaintiffs’ allegations that the vaccine does not prevent the spread of COVID-19 as true. Twombly, 550 U.S. at 556. And, because of this, Jacobson does not apply.
The court in Jacobson ruled that the public health benefit of eliminating small pox transmission outweighed individual rights. This court ruled that because the COVID vaccines have no public health benefit forcing them on someone is assault and battery.
in light of “the common-law rule that forced medication was a battery
That is one of the two reasons I think this ruling could have profound implications and I have discussed it before on this blog. Pfizer might have legal protection but the doctors, nurses, corporations, and governments that took part in the mandates do not. Everyone involved is guilty of battery and people died. At the very least they are now all open to manslaughter charges.
The second reason is was a point made by this blogger.
This opens the door to eliminate mandates for any vaccine that is not sterilizing.
As it turns out school boards mandate many other vaccines that also do not prevent transmission.
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.
And so on
It may take some time, but this decision could have far reaching implications. Hopefully the immediate affect is that any COVID vaccine injured child lawyers up and sue the shit of the every school board that mandated the COVID jabs. The people behind the jab mandates need to pay a heavy price or they will do it again; guaranteed.
