President Joe Biden makes remarks at an Independence Day celebration in Washington, DC July 4, 2021 at the White House. (Evelyn Hockstein / Reuters)
Yesterday, President Biden announced that all federal employees who fail to get the vaccine (s) against COVID-19 will face a range of stresses and procedures that are designed to increase costs if they fail to undergo the vaccination (s). This is a civil liberties threat that is in violation of the Americans with Disabilities Act, but probably not in the way you think it is.
No COVID-19 vaccine on the market has yet received full FDA approval, only emergency clearance, which means that the law states that Americans “have the option to accept or decline the administration of the product.” FDCA § 564 (e) (1) (A) (ii) (III). In a shoddy legal memo, Biden DOJ-appointed Dawn Johnsen interpreted this legal provision as simply informing people of their right to face serious consequences for leaving, such as: This is despite long-standing precedents from both a federal court and the FDA recognizing that military personnel are protected from forcible administration of unapproved vaccines, even though their rights are generally more limited than those of other federal employees.
But that was then, that is now. According to our scare-mongering-in-chief, vaccination deviants practically have a death wish: “Whoever is out there unvaccinated does not have to die. . . Get the vaccine. “
From now on, everyone who works for the federal government will be asked for their vaccination papers, and all undocumented federal employees and contractors “must wear a mask to work, regardless of their geographic location, physical distance to all other employees and visitors. meet a weekly or bi-weekly screening test requirement and be subject to business travel restrictions. ”If you think these are draconian measures, you are right and that’s the point. In a moment of candor, “Biden aides” admitted to their friends at CNN that the goal is to “be unvaccinated so that those who have not received vaccinations have no choice but to get them.”
This vindictiveness makes Biden’s forcible COVID testing completely illegal, more than anything.
The Americans with Disabilities Act, which I was able to enforce as Civil Rights Director in the Department of Health and Human Services, prohibits discrimination against people with disabilities in both the private and public sectors. The ADA stipulates that employers “do not require a medical examination. . . unless such investigation or inquiry proves to be professional and consistent with business need. ”42 US Code § 12112 (d) (4) (A). Note that this prohibition is not limited to medical examinations that are specifically related to disabilities or that affect people with disabilities. It covers all medical examinations for all employees. (ADA regulations confirm this fact, compare 29 CFR § 1630.14 (b) (3) with (c)).
Biden’s COVID-19 tests are clearly medical exams and are a mandatory condition of employment so ADA safeguards apply. The Biden government will claim to have a legitimate business need, but it will be too late as they have already admitted that their real purpose is bullying. Not that we needed the recording. To say science demands a total travel ban on undocumented federal employees, even if they are masked, is ridiculous. When masks have lost their effectiveness, one wonders why Biden is rushing to re-impose masking requirements everywhere, even for kindergarten children.
The fact that Biden has not announced any exceptions to the mandatory nasal swab makes his policy all the more vulnerable. The best test case will be those retrograde employees who have already had COVID-19 but refuse further prophylactic medical interventions. Biden will give them a near constant Q-tip probe, although, like those who have been vaccinated, they are much less likely to be infected and pass it on to others. In addition, according to the director of the Centers for Disease Control and Prevention, the amount of virus in breakthrough infection cases in vaccinated people is “quite similar to the amount of virus in” [infected] unvaccinated people. “To connect the dots, yes, people who have recovered from COVID-19 can in some cases get the virus, re-infect and pass the virus on, but we now know the same for vaccinated people applies, but only the first group of people get biweekly medical examinations. That is irrational, unless of course it’s not about infection control, but about making the life of every last unvaccinated person as miserable as possible. Lack of consistency and evidence for one The excuses are killer arguments against mandatory medical tests under the ADA and should be used immediately in legal proceedings, many of them.
Some argue that forced COVID tests, even if irrational or retaliatory, do not constitute a degradation large enough to sue. Let’s not be naive. The DOJ’s memo and yesterday’s announcement are just dress rehearsals for the ultimate goal of imposing a national vaccine mandate. When asked yesterday if he had the power to do such a thing, Biden said it was still an open question. In truth, the answer depends on one thing – whether Biden thinks he can get away with it. Like the proverbial slow-boiling frog, if there isn’t a strong reaction now, we will all soon be cooked.
Unfortunately, during the Trump administration, Bob Charrow, Biden was given some cover by the General Counsel of HHS, who inexplicably gave the green light to a national moratorium on house evictions during the COVID emergency. Although a majority in the Supreme Court seem to agree that this stunt was blatantly illegal, Biden may repurpose HHS ‘expanded claim to COVID emergency powers to support a seemingly more pinpoint national vaccine mandate.
We can assume that the mandate is national in scope because, according to Biden, if you are not vaccinated, “you are creating a problem for yourself, your family and those you work with”. This indiscriminate rant is based not on science but on ideology. Are you a problem for loved ones when everyone is vaccinated? Are you a problem for colleagues when you work 100 percent remotely? What are the risks if you live in an area where the spread of COVID is low? Are you a problem when you always wear masks and social distancing? And what if you’ve already had COVID-19?
We know the answers. Like an error in the matrix that needs to be corrected, the mere fact that you refuse the vaccine defines you as a “problem” with only one logical solution. Violence.
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