This is an epochal event as far as the constitutional front of the sindemia is concerned. The main constitutional parameters dealing with basic rights and the division of power are upheld. Most other superior courts in the West should blush … But in such cases, which do not fit their obediently assimilated master plan, sheepish allies prefer to hush the strange deeds of their imperial master.
See:
1 ) « Supreme Court Blocks Biden’s OSHA Vaxx Mandate », by Tyler Durden, Thursday, Jan 13, 2022 – 02:32 PM, https://www.zerohedge.com/political/supreme-court-blocks-bidens-osha-vaxx-mandate
Despite the misinformation spewed forth by Justice Sotomayor, The US Supreme Court has blocked the Biden administration’s vaccine-or-test rule for US businesses, but allows vaccine mandate for most health care workers. »
Quotes from the Supreme Court ruling:
« The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.»
« Meanwhile, at the federal level, OSHA arguably is not even the agency most associated with public health regulation. And in the rare instances when Congress has sought to mandate vaccinations, it has done so expressly. E.g., 8 U. S. C. § 1182(a)(1)(A)(ii). We have nothing like that here. »
2 ) « California Folds; Says Asymptomatic COVID-Positive Health Workers Can Get Back To Work Amid Shortages », by Tyler Durden, Sunday, Jan 09, 2022 – 10:00 PM, Authored by Jack Phillips via The Epoch Times, https://www.zerohedge.com/political/california-folds-says-asymptomatic-covid-positive-health-workers-can-get-back-work-amid
The California Department of Public Health issued guidance that allows health care networks to enable COVID-19-positive employees to keep working if they don’t show any symptoms. »
3 ) « Covid-19 : pourquoi le port du masque obligatoire en extérieur à Paris a été suspendu par la justice »,
Pour le tribunal administratif, la décision du préfet de police, Didier Lallement, restreignait les libertés de chacun sans être proportionnée. Par Denis Cosnard , Publié aujourd’hui à 10h56, mis à jour à 11h38 , https://www.lemonde.fr/politique/article/2022/01/14/covid-19-pourquoi-la-justice-suspend-le-port-du-masque-obligatoire-a-paris_6109445_823448.html
4 ) « COVID’s Ability-To-Infect Plunges 90% After 20 Minutes In The Air; New Study Shows », by Tyler Durden, Wednesday, Jan 12, 2022 – 07:20 PM, https://www.zerohedge.com/covid-19/new-study-shows-covids-ability-infect-drops-90-after-20-minutes-air
One recent study found that SARS-CoV-2, the virus that causes COVID and its many variants, actually isn’t as infectious as “the science” – and, more importantly, the government authorities like Dr. Anthony Fauci – would like the public to believe.
Offering yet another example of how lingering in enclosed spaces doesn’t dramatically increase an individual’s risk of contracting COVID, Coronavirus loses 90% of its ability to infect us within 20 minutes of becoming airborne – with most of the loss occurring within the first five minutes, the world’s first simulations of how the virus survives in exhaled air suggest.» (see whole article at the link)
5 ) If someone like prof. Malone who invented the mRNA technology cannot participate in the debate, then what does remain of scientific debate and safe and efficient public health policies? See: « They’re Hiding The Facts From You! | Dr. Robert Malone 2022 », 3 gen 2022, https://www.youtube.com/watch?v=Fx9DDcUN3sM
6 ) ON IVERMECTIN, https://c19ivermectin.com./
The Supreme Court states that:
1 ) Security on the workplace and public health are two distinct matters.
2) The division of power between States, local governments and the Federal is constitutionally enshrined and cannot be changed by a simple law from the Executive Branch.
(If I understand this correctly, when such matters as interstates relationships, power of the purse, emergency and security issues are involved, Congress must be involved. Which would in turn send one back to the punctilious respect of the letter and spirit of the Constitution and of its Amendments without any undue power grabbing.)
3 ) The Occupational, Safety and Health Administration – OSHA – is a administrative agency, with all the good and bad characteristics pertaining to bureaucracies which naturally tend to expand their own mandate. In this specific case, it was never granted the power it pretends to exert in order to deal with the SARS-CoV-2 sindemia by Congress, although the health crisis started more than two years ago.
4 ) The mandate is either vaccination or weekly testing and face-covering. In the latter case at the workers’ own expense. To be safe, the best masks need to be changed every 3 hours or so … This goes against Point 1 above – and also, in the specific, against Points 2 and 3 above.
5 ) Some exceptions were made, for instance for outdoor occupations. This sends us back the transmission issue which we will shortly discuss thereafter.
As the case now stands, the responsibility of the employers cannot extend to the violation of employee’s privacy and to broad public health measures. This over-reach would be fatal to fundamental liberties because it would reduce the worker to the statute of a slave who can no longer dispose of his-her body and indeed of his-her human genome: Given penal liabilities, the employer would naturally need to invade the privacy and take control of the specific human genome of the employees just to cover his-her own risk. This would be scientifically baseless because genomic knowledge can give you some information about genetic predispositions to sickness while the real health outcomes will continue to depend on lifestyle, on prevention, on the environment, on the advancement of medicine, etc. And this would destroy the Fundamental Rights enshrined in the constitutional text as well as in the whole body of Natural Law, which is, in most part, already materialised by these rights.
The employer is rightfully responsible for the health problems of his-her employees directly caused by his-her machines and working places. Ex asbestos, stress etc . But his-her liabilities are defined within the public health norms in vigor. The employer cannot be responsible for health dangers introduced from outside the workplace. That is the precinct of public health in general and of preventive medicine as the case may be. When the government adopts such rules, employers have to adapt and enforce them. Meanwhile the economic, labor-relation and fiscal settings will probably be adapted to facilitate their implementation, if only because of the impact on the micro-economic productivity of the enterprises and on the macro-economic competitiveness of the National Social Formation, hence on its external balances.
In the case at hand, this might involve public aid for adequate face-covering – when it applies –, for mandatory routine weekly testing and for the immediate testing of the symptomatic patients who need to receive immediate cures instead of being sent back home to wait until they either get spontaneously better or, in many cases, to deteriorate to the point that they would then need to be belatedly rushed in the intensive care units. And this often happens without even the benefice of a free oxymeter. This would extend to particular work settings when social distancing implies an adaptation of existing structures – ex., assembly lines, sanitation, including the use of ultraviolet rays when applicable, as well as the rotation of the work force in order to reduce any over-crowding at any one time. This might involve transient smart-working when applicable. But we all know that the employer’s responsibility does not extend to public, often over-crowded, transportation. Similarly, this responsibility cannot extend to vaccination, even with safe vaccines instead of the current experimental pseudo-vaccines, adenovaccines and mRNA genetic therapies. Indeed, safe vaccines do not involve the responsibility of the employers.
As for the vaccination rule which the Federal government wants to impose through the OSHA, not only it must respect the distinction made in Point 1 above, but it would also needs to follow recent and solid science. That is to say, real falsifiable science duly and openly discussed among peers without censorship and with the consultation of dedicated interest groups and of the interested citizenry. Health measures only work when they are scientifically based and thus well-accepted by the population. No obligation can ever apply for experimental drugs that have not even concluded their Phase 3 studies and which already display more than 10 to 15 times more serious adverse effects and deaths … This reasoning would apply with greater force when faced with a new health danger.
As far as vaccination in the indoor workplace is concerned, we now know that the pseudo-vaccines used against the SARS-CoV-2 virus do not protect against breakthrough and transmissibility. Indeed they do expose the vaccinated cohorts to self-infection and breakthroughs without blocking the risk of contagion to other persons. As such the pseudo-vaccines are more dangerous than natural immunization. It should equally be noted that most workers belong to cohorts that are not in significant danger from Covid, an ailment that mostly affects persons over 65 and with co-morbidities, especially when they are illegally negated rapid access to generic and efficient drugs. Most health workers fall under this low-risk category. Sad to note, most vaccinated workers and citizens do face more danger than the un-vaccinated cohorts when the pseudo-vaccines and the vaccination pass they grant access to, give them a wrong sense of protection.
As can be seen, the outdoor exemption has no scientific basis. Indoor workers are not protected by the pseudo-vaccines and their successive boosters. The entire framework must be reformulated. Indoor or outdoor, free once a week routine testing should be available and workers and employees should be able to test freely when they need to do so, for instance because they feel symptomatic. Perhaps such testing could be relaxed a little when the contagion curve of a specific variant is demonstrated to be on the wane.
As Project Veritas demonstrated (1) the current mandatory vaccination policy should be ended. It is now clear that it is a failed experiment falling under Article 10 of the Nuremberg Code and under the same provisions dictated by the Helsinki Accord. Instead, the governments should proceed with the generalization of known generics and other conventional drugs known to reduce the viral load without any serious side-effects. As many examples around the World demonstrate, this would rapidly and drastically reduce the transmissibility rate and consequently also the now fabricated hospitalization crisis. One must sadly underline the unreliability of the official statistics provided by Western countries, especially as they deal with a statistically small « un-vaccinated » group inflated by adding to it the high infection and breakthrough rates which happen during the 2 or 3 weeks following the vaccine injections. The status of the « vaccinated » cohorts are only and conveniently counted after these crucial weeks are passed, more often after 28 days following the injection. Breakthroughs happen again in great number after 3 to 4 months, a failure which is now incredibly used to inject useless and harmful boosters … of the same useless serum that was originally worked out to deal with the now disappeared original Wuhan strain … It is turning into a ridiculous and harmful vaccination membership card, criminally extended to children and generally to young persons who are still in their procreating years. The statistical manipulation includes a managerial and private health-care type of behavior by which « patients » are readily admitted in the public hospitals simply because they have tested positive in order to fill hospital beds. The eminent French immunologist Toubiana tells of an overall 2 % – 4 % during the picks – mobilisation of health-care capacity, which sends one back to the type of management implemented, one which imposes a 25 % to 30 % of the personnel dedicated to administrative tasks … Hospital beds are seen as a product that must return a competitive profit. In these cases, the European are only imitating the US system.
We should perhaps note that during the Delta crisis in Singapore, as well as in GB and elsewhere as far as I know, most unvaccinated hospitalised patients were released in less than a week and most never received any oxygen support. This means that appropriate rapid home treatment by the family doctor with appropriate anti-viral generics and antibiotics would have done better and with no risks. Need we to add that aside from the reimbursement of a one day bed occupancy, a stiff amount, the hospitals do receive a 20 % or so on top of it for any « Covid death ». We leave aside here, the reimbursement family doctors do receive, over and above the normal fees, for any vaccine and booster injection. Add also, in many cases, the conflict of interest which pushes some practitioners to still prescribe such harmful drugs as remdesivir or the new anti-viral pill from Merck, etc., etc., although we are told by the press that they are mutagenic and/or bad for the kidney, etc. But never mind, they are legally prescribed though still in their early experimental stages …
The illegal vaccination mandate is now increasingly enforced through an illegal blackmail at the workplace not to speak of social outings: one cannot have the vaccination pass without the booster. Will then the fully-vaccinated with only 2 and 3 doses – and later 4, 5 etc – be considered « unvaccinated » just because they have not subjected to the last jab? Even if the serum is changed, manufacturing time and implementation of the vaccinated will ensure that it will come too late. Meanwhile, science now established the impact of « immune escape » for the SARS-CoV-2 which is known as a coronavirus to be a champion of mutation and of recombination. The Omicron rapid spreading is a case in point and its recombination with other strains cannot be ruled out. This without even mentioning the engineered positioning of the furin which grants this SARS-CoV-2 a higher ability to penetrate host cells.
Coming back to the Supreme Court ruling, what of Medicaid and Medicare which fall strictly under federal competence? The main issue here is not the defensive one which involves the division of power between the federal level and lower levels of government, but instead the substantial issue of knowing whether or not the mass usage of these pseudo-vaccines still make sense at the light of current accumulated scientific knowledge. They do not. Indeed, they induce new variants through immune escape and these variants are known to feed on the so-called « favoring antibodies » induced by the vaccination itself.
The Federal government and OSHA cannot constitutionally demand that workers in federal agencies do poison themselves, especially when they are unlawfully negated know efficient and un-costly generics. No informed consent can have legal value knowing we are here dealing with experimental drugs whose immediate side-effects are dramatic and un-heard off with respect to the normal vaccines developed during 7 to 10 years on average. Their medium and long-term effects are unknown, most notably those linked to inverse transcriptase, except of course by some decision-makers who would pretend to have a crystal ball even when talking to adult citizens. Nonetheless, these can be dramatically extrapolated from the 400 or so experiments involving some 10 000 persons in individually selected cases which took place before what I personally consider a criminal mass experiment driven by a mad trans-humanist, exclusivist and totalitarian new Will to Power. I am no doctor in medicine. However, if the extrapolation holds, we will shortly be faced with many leukemia, many multiple-organ failures and much more, and this will happen in a context in which the decisions makers at all levels of this unworthy and lethal health and vaccination strategy – in effect a military one (2) – have attempted to decriminalise their actions and those of Big Pharma, in advance. And in the process trampled upon the freedom of doctors to prescribe to the best of their knowledge with the accord of their patients; they have trampled on the Hippocratic Oath and on the whole corpus of scientific methodology and deontology. In the end, a serious blow will have been struck against the epidemiological well-being of the Nation. This is much worse that « friendly fire» on the front lines.
The California case is emblematic: the present rules are so silly that immediate managerial and economic considerations are used to dictate health-care norms. This happens in a context in which the worse form of Marginalist neoliberalism and monetarism has destroyed public health system and has impeded the development of a public Pharma Care. Public hospitals and indeed the whole public health system are not exactly under pressure because of the Covid-19 crisis but instead, and quite directly, as a result of these undemocratic policy choice. One might remember Ludwig Mises when he stated in his eugenic foolish diatribes that sicknesses were actually created by public hospitals and public health-care systems, otherwise it would all be an holistic matter of personal Will … and, I suppose, of paid access to private structures. (3) This make no good sense and lacks elementary constitution grounding.
Asymptomatic health-workers and symptomatic health-workers, often without proper Individual Protection Devices, have been forced to work during the first stages of the sindemia. They were then hypocritically portrayed as « heroes ». Now we scientifically know better, namely that most asymptomatic employees can efficiently be detected and taken care of with weekly testing and anti-viral generics etc, while the symptomatic persons can likewise be efficiently monitored with the same procedures. Targeted quarantines would do the rest, without social dramas and without much impact on economic activities.
Will this bring the health system on its knees? Paradoxically, this will happen only if the failed mandatory vaccination policy continues to be implemented. Already, and emblematically for the hypocrite management of the sindemia, contact tracking and individually imposed quarantines are hushed in order to avoid any technical lockdowns, especially now with the highly contagious Omicron variant. A more rational course would be to generalised anti-viral generics, multiple free testing and targeted quarantines with public logistic support. This would eliminate most of the pressure now exerted on the hospitals – family doctors been free to prescribe with their patients’ accord etc – and it would ensure that the health of the employees be properly taken into account. This is something the mandatory vaccination does not because, among other things, it criminally precludes rapid home treatments with efficient generics. In effect, the implied sick-leaves would be of short duration thanks to the anti-viral and antibiotic generics simply because these do eliminate the viral load in a few days, hence the transmissibility problem would be reduced to a minimum.
Indeed, it might be wise to follow dr. Kory, dr. Marik and others’ advise concerning the prophylactic use of these generics when clusters are identified or in highly exposed structures – such as old-age homes which account for a high number of Covid deaths. As the generalization of generics and testing would be implemented, the transmission – and induced variants – would be limited and the pressure of Covid patients on hospitals and old-ages structures would be immensely reduced.
In conclusion we must underline the danger of what the Roosevelt Institute calls the « capture » of institutions, laws and norms by private interests, in the case at hand, by Big Pharma and Big Insurance Companies. (4) This sends us back to Point 1 which is the key to the understanding of the epochal importance of this first ruling. Other cases will surely be brought to the Supreme Court’s scrutiny, especially if non-embedded or compliant lawyers play it fair and do not follow a strange practice which at time formulates the law suits against the real interest of the plaintiffs and of the public just to comply with the transitory « politically correct » climate and the political pressure imposed on the entire society. We are thinking here, for instance, to the health hazards imposed by the mandatory vaccination with untried, experimental and unsafe pseudo-vaccines; of work blackmail exerted with « mandatory » vaccine certifications; of the impossible « informed consent » de facto imposed to most uninformed or vulnerable individuals and the likes.
That being said, the private and public sectors are both legitimate and protected by the Constitution, but their roles are different and cannot and should not be confused. The public sector needs to defend public interests, because this is what an elected and responsible government is meant for.
A word should be added concerning labor relations. Unions should not panic nor kowtow to the power-that-be. Most workers do not fall into at-risk age groups. They should strive to understand the real problems at hand in order not to confuse workplace security and public health mandates. However, whatever the impact of public health measures on the workplace might be, their determination and implementation must abide by the whole body of existing labor laws and collective agreements in the context of the still legally protected Tripartite System, otherwise known as « industrial and social democracy ». These cannot simply be imposed from above, far less by a bureaucratic agency which has no specific knowledge of the working conditions involved and which has no constitutional power to overreach and thus to eliminate the labor negotiation process altogether. Be it as it may, with the rise of mediation and arbitration cases and other such curtailments of negotiating rights, the latter still remains the most important counterweight (5) and thus the most important guarantor of workplace security and of socio-economic peace.
Paul De Marco.
Notes :
1 ) See « Ivermectin ‘Works Throughout All Phases’ Of COVID According To Leaked Military Documents », by Tyler Durden, Wednesday, Jan 12, 2022 – 06:11 AM, Update (1505ET) https://www.zerohedge.com/covid-19/hidden-military-documents-reveal-nih-intent-create-sars-cov-2-using-gain-function-research
See also the Flash News dated January 12, 2022 in : http://rivincitasociale.altervista.org/sars-cov-2-brevesflash-newsbreve/
2 ) On J. Attali, Bill Gates and Event 201, Klaus Schwab and the Great Reset etc, see Point E and the Note 11 in: http://rivincitasociale.altervista.org/synthesis-on-the-genocidal-sars-cov-2-illegal-experimentation-based-on-the-illegal-negation-of-early-symptoms-care-with-efficient-generic-drugs-july-25-2021/
3 ) See in particular the Note 11 in « Health-care between cuts and corruption: a victim of choice for neoliberal and monetarist fiscal-federalism », May 2016-translated April 6.-2020 in: http://rivincitasociale.altervista.org/health-care-between-cuts-and-corruption-victim-of-choice-for-neoliberal-and-monetarist-fiscal-federalism-may-2016-translated-april-6-2020/
See also : «The dismantling of the social state or of the Anglo-Saxon Welfare State and monetarist neoliberal policies seen from the angle of the labor contract », October 4, 2016 – April 9, 2020 in: http://rivincitasociale.altervista.org/the-dismantling-of-the-social-state-or-of-the-anglo-saxon-welfare-state-and-monetarist-neoliberal-policies-seen-from-the-angle-of-the-labor-contract-october-4-2016-april-9-2020/
4 ) See: : The Cost of Capture: How the Pharmaceutical Industry Has Corrupted Policymakers and Harmed Patients – Roosevelt Institute (quoted in « The Defenestration Of Dr. Robert Malone » ,by Tyler Durden, Wednesday, Jan 05, 2022 – 07:20 PM, Commentary authored by John Mac Ghlionn via The Epoch Times, https://www.zerohedge.com/covid-19/defenestration-dr-robert-malone
5 ) See the Note 15 on John Galbraith in my Keynesianism, Marxism, Economic Stability and Growth – 2005 – in the Livres-Books Section of my old Jurassic site www.la-commune-paraclet.com