The Battles

A two minute video.

You may want to go directly to the last part of the video.  The first part is intentionally “babbled”, I would say.

The last part, the parroting by the newscasters is remarkable.   /S

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The Supreme Court on Jan. 7 heard oral arguments pertaining to both of the Biden administration’s COVID vaccine mandates. The focus of the hearing was whether to stay or to grant temporary injunctions requested by plaintiffs in a number of lawsuits challenging the emergency mandates for millions of Americans.

At the time, the rule issued by the U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS), was stayed for 24 states that initiated lawsuits, but the OSHA stay was lifted by the 6th Circuit Court of Appeals.

The Supreme Court’s decision today reversed the lower court rulings, imposing a stay on the OSHA mandate and allowing the CMS rule to proceed.

The U.S. Supreme Court today rejected the Biden administration’s mandate requiring employees of large businesses to be vaccinated against COVID or undergo weekly testing and wear a mask indoors while working.

The court’s conservative majority said the administration overstepped its authority by imposing the Occupational Safety and Health Administration’s (OSHA) vaccine-or-test rule on U.S. businesses with at least 100 employees.

At the same time, the court allowed to move forward a separate rule mandating COVID vaccines for workers in healthcare facilities that receive Medicare or Medicaid.

Today’s rulings came three days after the OSHA’s Emergency Temporary Standard went into effect, targeting more than 84 million workers and two-thirds of the nation’s private-sector workforce.

The conservative justices wrote in an unsigned opinion:

“OSHA has never before imposed such a mandate. Nor has Congress. Indeed, although Congress has enacted significant legislation addressing the COVID–19 pandemic, it has declined to enact any measure similar to what OSHA has promulgated here.”

The conservative majority also expressed concerns over the implications of allowing OSHA to implement a widespread mandate without congressional authorization.

“Permitting OSHA to regulate the hazards of daily life — simply because most Americans have jobs and face those same risks while on the clock — would significantly expand OSHA’s regulatory authority without clear congressional authorization,” the opinion stated.

A majority of the Supreme Court’s justices concluded the applicants challenging OSHA’s mandate were likely to succeed in the merits of their claim and the secretary of labor lacked authority to impose the mandate, resulting in a stay while the case works its way through the 6th Circuit Court.

“Administrative agencies are creatures of statute,” the justices wrote. “They accordingly possess only the authority that Congress has provided.”

In a joint dissent of the OSHA ruling, the court’s three liberal justices argued the court was overreaching by substituting its judgment for that of health experts.

“Acting outside of its competence and without legal basis, the Court displaces the judgments of the Government officials given the responsibility to respond to workplace health emergencies,” Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor wrote in a joint dissent.

The justices contended OSHA’s mandate is comparable to a fire or sanitation regulation imposed by the agency, while the majority said a vaccine mandate is strikingly unlike the workplace regulations that OSHA has typically imposed as a vaccination “cannot be undone at the end of the workday.”

SCOTUS allows CMS rule to move forward

In a separate opinion, the court allowed a rule issued by the U.S. Department of Health and Human Services’ Centers for Medicare & Medicaid Services, to take effect.

The mandate is estimated to affect 10.3 million healthcare workers in the U.S., but allows for religious and medical exemptions. The rule was previously blocked by two lower courts for the 24 states that challenged the rule.

The opinion stated:

“Vaccination requirements are a common feature of the provision of healthcare in America: Healthcare workers around the country are ordinarily required to be vaccinated for diseases such as hepatitis B, influenza, and measles, mumps, and rubella. As the Secretary explained, these pre-existing state requirements are a major reason the agency has not previously adopted vaccine mandates as a condition of participation.”

The opinion went on to suggest healthcare workers and public health organizations “overwhelmingly support” the CMS rule.

“Indeed, their support suggests that a vaccination requirement under these circumstances is a straightforward and predictable example of the […] regulations that Congress has authorized the Secretary to impose,” the opinion states.

Justice Samuel Alito, joined by conservative Justices Clarence Thomas, Neil Gorsuch and Amy Coney Barrett, dissented.

“Neither CMS nor the Court articulates a limiting principle for why, after an unexplained and unjustified delay, an agency can regulate first and listen later, and then put more than 10 million healthcare workers to the choice of their jobs or an irreversible medical treatment,” Justice Alito wrote.

“The challenges posed by a global pandemic do not allow a federal agency to exercise power that Congress has not conferred upon it. At the same time, such unprecedented circumstances provide no grounds for limiting the exercise of authorities the agency has long been recognized to have,” Justices Alito and Thomas wrote, stating the “latter principle governs” in the healthcare cases.

Mary Holland, president of Children’s Health Defense (CHD) said in an email to The Defender:

“CHD is delighted to see that the Supreme Court, 6-3, has upheld the preliminary injunction in the OSHA case, deciding that the administration lacked the authority to impose a COVID injection mandate on corporations with more than 100 employees.

“We are concerned, however, that the Supreme Court upheld the administration’s CMS mandate for healthcare workers. This mandate of an experimental, unapproved pharmaceutical product with only an ‘Emergency Use Authorization’ designation violates federal law and the Nuremberg Code, prohibiting coercion for participation in experimental medicine. We will continue to fight for true informed consent for all people.”

Scientists submit brief to SCOTUS on ineffectiveness of COVID vaccines

Drs. Luc Montagnier, co-winner of the 2008 Nobel Prize in Medicine, Harvey Risch, a Yale Professor of Epidemiology and Robert Malone, co-inventor of mRNA concepts and processes used in the existing COVID vaccines filed two briefs (first brief, second brief) as amici curiae in support of the applicants’ application for a stay or preliminary injunction of the OSHA and CMS mandates.

The briefs were designed to “highlight critical facts concerning Omicron — facts not addressed in the administrative record,” while “correcting an important false statement of fact in an amicus brief submitted by the American Medical Association et al. so that the court is not led into error.”

In their briefs, Montagnier, Rische and Malone argued neither OSHA nor CMS did any analysis of vaccine effectiveness against the COVID virus as it now exists and there is no evidence to suggest vaccination “will curb the spread of the virus we now face.”

In an exclusive interview with The Defender, Joseph Keating’s mother said her son’s only warning signs were fatigue, muscle soreness and an increased heart rate, yet an autopsy confirmed he died of myocarditis directly caused by Pfizer’s COVID vaccine.

A 26-year-old South Dakota man who died Nov. 12, 2021, of myocarditis — four days after his booster dose of Pfizer’s COVID vaccine — had no idea he was experiencing a rare and supposedly “mild” heart problem after the shot.

Joseph Keating’s only warning signs were fatigue, muscle soreness and an increased heart rate, family members said.

In an exclusive interview with The Defender, Joseph’s father, mother and sister said the Centers for Disease Control and Prevention (CDC) has not investigated Joseph’s death,.

The CDC also did not contact the pathologist who performed the autopsy or request the documents which confirmed Joseph’s death was caused by the Pfizer vaccine.

According to the autopsy report and certificate of death, Joseph died from severe heart damage from “myocarditis in the left ventricle due to the recent Pfizer COVID-19 booster vaccine.”

Joseph’s mother, Cayleen, said her son was pro-vaccine and worked in an environment where he needed to be vaccinated. According to Joseph’s vaccination cards, he received his first Pfizer shot on March 26, 2021, and the second dose on April 16.

Cayleen said her son, who didn’t experience any negative adverse events after the first two doses, received a third booster dose on Nov. 8, 2021.

“This was on a Monday,” Cayleen said. “Tuesday and Wednesday he was fine, but Thursday morning — 72 hours after the booster — he called and said he had a sore throat.”

Cayleen made her son some hot apple cider and he took throat lozenges and went to work, but within two hours he called her to pick him up because he was so fatigued he couldn’t work.

When Cayleen asked him what was wrong, Joseph told her he had some muscle soreness, exhaustion and a sore throat.

“When we googled, ‘what are your reactions to having the Pfizer vaccine,’ a lot of the results say people deal with fatigue, muscle soreness and everything, so we both just brushed it off as reactions to the vaccine and it was no big deal,” Cayleen said.

Joseph slept through Thursday. On Friday morning, he told his mother he would have to call into work again because he was too exhausted to go in. Cayleen visited Joseph and said he appeared to be normal, other than fatigue and muscle soreness.

“He wasn’t really acting sick, just exhausted,” she said.

Cayleen, a critical care nurse of 35 years, took her son’s vitals and noted his temperature was up to 100.2 and his heart rate was elevated to 112. She thought it was related to the fever, so she gave him Tylenol.

Later that day, Joseph texted his mother that his fever was down. By 4:30 p.m., his oxygen was at 100%, but his heart rate was still elevated.

Joseph’s father, William, visited his son around 5 p.m. and they had dinner. William left at 6 p.m. Two hours later their son was dead.

The family knows when Joseph died because of the Apple Watch data they retrieved from his phone. Joseph had an app enabled that measured his heart rate up to the time of his death.

Cayleen said:

“He went to sit down in his recliner and when we [the family] came the next day we were able to pull up the data from his Apple Watch showing the exact time of his death and exactly what his heart rate was doing the past two hours.

“It showed he was beating at 100s all during the day and after 6 p.m., when he sat in the recliner, his heart rate dropped into the 60s, which was low for Joseph, who always had a resting heart rate in the 80s and 90s — and then it just stopped.”

Cayleen said when they found Joseph the next morning, there were no signs he knew he was going to die.

“He was even having a two-way conversation with several of his friends before his death. The phone and remote control were on his lap,” his mother said.

The family called 911 and detectives came to make sure it wasn’t a crime scene because “26-year-olds don’t just die,” Cayleen said.

When detectives separated Cayleen and her husband for questioning, she told the detectives the only thing she knew was that four days prior her son had received Pfizer’s vaccine and he was having adverse reactions. Four days later he was dead.

Autopsy confirms Joseph died of myocarditis

After Joseph died, an autopsy had to be performed to confirm the cause of death.

“When they first did the preliminaries they couldn’t find anything — his heart looked normal,” Cayleen said. But “the pathologist said he was going to do 22 different slides to see what he could find.”

Meanwhile, Cayleen said she started hearing stories about young males getting myocarditis from COVID vaccines.

“I knew COVID could cause MIS-C [multisystem inflammatory syndrome], but nobody told me the vaccine was giving people myocarditis,” Cayleen said. “There’s a big difference between COVID giving you myocarditis and a vaccine giving you myocarditis and actually killing you.”

Cayleen said:

“When the pathologist looked at the 22 segments of Joseph’s heart, it showed the vaccine inflamed and attacked his entire heart. There was so much damage … to the heart. It was full multi-focal myocarditis, and it wasn’t just affecting one part of his heart, it was attacking his whole septum and ventricles.”

Cayleen thinks her son developed so much inflammation from the booster that his heart developed a fatal arrhythmia that killed him instantly.

She spoke with several cardiologists who were surprised her son never experienced any type of chest pain.

“The hallmark signs as a parent that would prompt you to seek medical help were not given to me,” Cayleen said. “He didn’t know his heart was racing, or fluttering or becoming A-fib. All he complained about was the muscle soreness and fatigue.”

Joseph’s private physician called the family after his autopsy results were back and told Cayleen if she would have called him and informed him of Joseph’s symptoms, he would have said it was just a side effect of the vaccine.

“If we would have brought him in Thursday or Friday, nobody would have discovered it,” Cayleen said.

Joseph’s sister, Kaylee, said, “My brother felt he wasn’t bad enough to seek medical attention because he wasn’t having any symptoms, it just came out of nowhere.”

“That’s what is so amazing that he didn’t have any chest pain, he didn’t feel his heart flutter, he didn’t have any shortness of breath,” Cayleen said. “I mean two hours before he died he has 100 percent oxygen concentration. It just didn’t show anything outside of an elevated heart rate.”

Cayleen said she took a full set of vitals and her son just didn’t feel sick. “When you’re sick, you’re in bed, but he just never felt that way. He just got into a rate the heart couldn’t keep up with and he died.”

Cayleen said she is thankful an autopsy was performed because it revealed her son died directly from the vaccine and the myocarditis he suffered was from the vaccine.

“It’s documented proof,” Cayleen said. “He died directly from the Pfizer booster.”

CDC ignores reports of death caused by myocarditis

Both Joseph’s family and the pathologist submitted a report to the Vaccine Adverse Event Reporting System (VAERS), but to this day, neither have been contacted by the CDC about Joseph’s death.

“You would think the death of a child from a reaction to a COVID vaccine that’s documented on the death certificate and autopsy, the CDC would have reached out to us immediately,” Cayleen said. “You would think the CDC would have called the pathologist.”

According to the CDC website, the agency contacts people who meet the case definition for myocarditis following mRNA COVID vaccine and have submitted a report to VAERS.

To meet the case definition, people must have had “symptoms such as chest pain, shortness of breath and feelings of having a fast-beating, fluttering or pounding heart, and medical tests to support the diagnosis of myocarditis and rule out other causes.”

This rules out deaths like Joseph’s, who wasn’t diagnosed with myocarditis prior to death and did not experience the symptoms that would normally fall under the CDC’s case definition.

The CDC website does not state what happens to these cases, but there is no indication they are tracked or included in the CDC’s myocarditis numbers.

Cayleen said the state’s health department also has not investigated her son’s death, as they said they first needed to be contacted by the CDC.

“Nobody wants to touch it,” William said. “I’ve been calling the state health department the last few days and they keep saying they have to wait for the CDC and the facts. I told them the facts are in the autopsy, but they said they had to wait longer.“

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As The Defender reported Jan. 6, emails obtained by Judicial Watch through a Freedom of Information Request show the CDC is leaving it up to state health departments to investigate deaths following COVID vaccines, including the death of a 13-year-old boy who died from myocarditis three days after his second Pfizer shot.

childrenshealthdefense.org

CDC Not Investigating Myocarditis Death of 13-Year-Old Days After Pfizer Shot, Emails Reveal

The Centers for Disease Control and Prevention is leaving it to state health departments to investigate deaths reported following COVID vaccines, including the June 2021 death of 13-year-old Jacob…

12:09 PM · Jan 7, 2022·Twitter Web App