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Tuesday, June 15, 2021

Employers can mandate vaccinations

That's the ruling from a US District Court judge:
A Texas judge has dismissed a case filed by employees of the Houston Methodist hospital system over its policy on Covid-19 vaccinations, issuing the first federal ruling on whether employers can mandate inoculations.

US District Court Judge Lynn Hughes dismissed the lawsuit on Saturday, ruling that Houston Methodist had the legal right to force employees to be vaccinated – even though the jabs have only received emergency-use authorization, not full approval, from the FDA. He said the claim by the 117 employees who sued the hospital system that the inoculations were experimental and dangerous was both “false” and “irrelevant,” as Texas law protects workers from wrongful termination only if they are fired for refusing to commit an act that carries criminal penalties.

“We can now put this behind us and continue our focus on unparalleled safety, quality, service, and innovation,” Houston Methodist chief executive Marc Boom said in a statement.

Houston Methodist put 178 employees on unpaid leave last Monday because they had refused to be vaccinated against Covid-19. The workers are scheduled to be fired on June 21 if they still haven’t complied with the mandate. In a message to staff last week, Boom chided the recalcitrant staffers, saying, “Unfortunately, a small number of individuals have decided not to put their patients first.”

The plaintiffs had argued that, by forcing them to take a vaccine that hadn’t gone through the extensive clinical trials needed for full FDA approval, Houston Methodist was essentially requiring them to be “human guinea pigs” in a de facto drug trial. Hughes ruled that, as a private employer, the hospital system didn’t have to give employees the option of refusing vaccination, and he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

It seems there is going to be an opportunity soon for people to start vaxx-free businesses. After all, if an employer can mandate vaccinations, it can also mandate vaccine-free status. And that might be an excellent way to filter out stupid and short-sighted people during the hiring process.

I tend to doubt this ruling will hold up, though. The judge appears to have made her decision more on the basis of her disapproval of the plaintiffs' comparison to the holocaust than anything else. Still, it underlines the absolute insanity of the libertarian "private corporations are holy and their actions shalt not be questioned or infringed upon by the law" position.

And it is also clear that "the law" is now little more than a synonym for "evil word magic". But it would still be helpful if the Texas legislature would immediately pass a new law banning vaccine mandates for employees.

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98 Comments:

Blogger JD Curtis June 15, 2021 6:07 AM  

First thing I did was google the judge. Wikipedia hates him and right off the bat, on his page, they mention he's the most reversed judge in that particular circuit court.

Blogger Mr. B.A.D. June 15, 2021 6:11 AM  

Hopefully those opportunities will be because of market conditions and not because 200 million Americans are dropping dead.

Blogger The Observer June 15, 2021 6:17 AM  

Speaking of which, from AC:

https://twitter.com/RWMaloneMD/status/1403836354098872322?s=20

"The creator of the mRNA vaccines tweets : “What happens to confidence in public health and USG if ivermectin turns out to be safe and effective for COVID, and the genetic vaccines turn out to have significant safety issues? This looks like a very plausible scenario from where I sit.”"

I have no idea what narrative is being prepared right now, but it looks like it's going to be a wild ride.

Blogger John Cunningham June 15, 2021 6:19 AM  

A couple of weeks ago, Fraudci and other Party stooges admitted in a Senate hearing that only 50 to 60% of their employees had been vaccinated. Of course, Party media made no attempt to follow up on this

Blogger Daniele Grech Pereira June 15, 2021 6:20 AM  

“We can now put this behind us and continue our focus on unparalleled safety, quality, service, and innovation,”

Whoa! Gear down there, Big-Rig.

“Unfortunately, a small number of individuals have decided not to put their patients first.”

We are living in an age of maximum cringe.

Blogger The Observer June 15, 2021 6:21 AM  

In a message to staff last week, Boom chided the recalcitrant staffers, saying, “Unfortunately, a small number of individuals have decided not to put their patients first.”

Also, this is retarded. All of the mutagens do not claim to be sterilising or to prevent transmission, but people continue to pretend anyway. It all boils down to control over people, doesn't it?

Blogger Harambe June 15, 2021 6:23 AM  

There has to be a reckoning (a legal one, mister fed who is reading this)

Blogger Peter C June 15, 2021 6:28 AM  

"The law" has been little more than a synonym for "evil word magic" for as long as judges have issued rulings with impunity, never faced either civil or penal consequences for either incompetence or malfeasance, and their privileged status considered to be needed, nay required for the "independence of the judiciary" and the "rule of law". In short, since a very, very long time.

Blogger Harambe June 15, 2021 6:33 AM  

It's not settled until the Hawaiian court system makes a ruling

Blogger basementhomebrewer June 15, 2021 6:39 AM  

Texas law protects workers from wrongful termination only if they are fired for refusing to commit an act that carries criminal penalties.


This does not bode well for VDs prediction that diversity training will eventually require men to sleep with trannies and women to have sex with black guys.

Blogger Slick727 June 15, 2021 6:48 AM  

Working in a larger hospital myself this is bad news, as it's only a matter of time.
Judge Lynn Hughes (a dude btw) made the wrong call here and it's surprising because he has made good calls in the past.

Either way I'll be ready to proceed with my religious exemption when my job starts their mandate.

Blogger Ranger June 15, 2021 6:53 AM  

"as Texas law protects workers from wrongful termination only if they are fired for refusing to commit an act that carries criminal penalties"

Consensual sex is not a crime, right? So, do employers have the right in Texas to demand sex from their employees under threat of termination of contract?

Blogger Mr.MantraMan June 15, 2021 6:55 AM  

What gets me is that the normies can easily see even in the "mainstream" news about not-vaccines that are being restricted for use such as yesterday it was Astra-zeneca's turn as being recommended to not give to the Boomer aged, and all these supposed vaccines mess around with the spike proteins in a mRNA or DNA level.

Yesterday I think it was the New York Post via twitter that I read about a young black girl in her second year at Northwestern took the second shot and within days died of heart failure, even had a heart transplant but to no avail. My WAG is that this time blacks will really be hit harder with the not-vaccines being the culprit. Gets me about the heart transplant, that might be a treasure trove of info on auto-immune and immune reactions right there, but I'm not a doctor.

Blogger Doktor Jeep June 15, 2021 6:59 AM  

Shit like this is why I keep enough money in the bank to live at least three years without a job. I still drive the old truck I bought 20 years ago and no credit cards.
They give me a vax or else, they get an access badge thrown in their face.
And all of my project notes and backups are on a thumb drive in my pocket too.

They want a f**k you world they get a f**k you world.

Blogger Unknown June 15, 2021 6:59 AM  

I knew these rulings would become normal when during Trump the courts were allowed to literally make up law and facts in one or two sentence, no hearings, no evidence. No reference to a real piece of caselaw or statute, or even a hornbook.

It turns out it wasn't just because Orange was so evil, it is the new thing. Summary one sentence 'facts' declared without a hearing or testimony.

I thought the NY/2nd Circuit ruling that Trump's personal twitter was a special never before seen, or even thought of, private public official channel was the worst of just bald faced making it up, but this has even better potential-- depending on how the Circuit decides to uphold this piece of trash.

Blogger Shane Bradman June 15, 2021 7:07 AM  

Since there are no vaccines in my country that do not use dead baby cells, I have a religious duty to not take the vaccine and pressure the government for alternative solutions. I'll quit my job before getting a vaccine made up of murdered children.

Blogger M. ANTHONY June 15, 2021 7:07 AM  

In Canada too, legal "experts" are saying an employer can mandate vaccinations if they can prove that it makes the workplace safer for everyone. If an employee refuses vaccination, however, the employer must provide an alternative arrangement for them, e.g. a separate socially distanced space in which to work, masks etc. If that's not possible, termination is next but that will be difficult to justify. There are already nurses and care home employees being suspended for not getting the jabs.

Blogger SonyAD June 15, 2021 7:11 AM  

Apparently, it's a Regan era male boomer appointee and the most overturned judge in the US. It's just his name and his finding/ruling that sounds womanly.

Blogger The Observer June 15, 2021 7:12 AM  

https://blog.reaction.la/science/the-spike-protein-is-cytotoxic/

Jim has it right: it all boils down to holiness and social status, something that people have historically fed thousands of lives and caused significant self-harm for.

Blogger Kraemer June 15, 2021 7:18 AM  

OSHA already wrote something that employers who mandate have to pay for side effects. Could take out a few larger employers soon.

Blogger tdcommenter June 15, 2021 7:21 AM  

So much for my body, my choice.

Blogger Uncompliant June 15, 2021 7:31 AM  

There is a link to the June 12th Order in the linked article. For the lawyers, here it is

https://int.nyt.com/data/documenttools/houston-methodist-court-ruling/3468984fc566cea5/full.pdf

Very short. Based on the document number (18), this is very early in the case. Thus, likely dismissal based on a motion to dismiss on the pleadings -- as opposed to based on a motion after evidence has been collected.

Does not seem to be a case based on the employees' work contracts.

Dismissal is entirely based on Texas statutory law with regard to wrongful termination. Being a red state, Texas is "pro-employment-at-will." Many other states are the opposite.

In Texas, according to the Order, only a very narrow set of employer activity -- demanding workers engage in illegal or criminal activity -- can lead to a valid wrongful termination claim. Not so in other states. In many states, asking employees to engage in DANGEROUS activities (and then firing them for noncompliance) can lead to valid claims of wrongful termination.

This Order will not be reversed.

Blogger Attila is my bro June 15, 2021 7:32 AM  

>>Boom chided the recalcitrant staffers, saying, “Unfortunately, a small number of individuals have decided not to put their patients first.”

Unfortunately, a number of small hatted individuals have decided not to put their employees first. OK, Boom(er)...

Blogger Avalanche June 15, 2021 7:35 AM  

VD: "that might be an excellent way to filter out stupid and short-sighted people during the hiring process."

ALSO, a way to prevent the biz from bankruptcy from the OSHA ruling requiring that businesses that mandate the not-vax reactions are forever after 'on the hook' under Worker's Comp! $$$$!

Here's the EUA law: https://www.law.cornell.edu/uscode/text/21/360bbb-3

Interesting: that law seems to REQUIRE:
"(A)a determination by the Secretary of Homeland Security that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a biological, chemical, radiological, or nuclear agent or agents;"

AND
"a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, ... and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents; or"

Hmmmmm, does that not mean the govt/HSA has to DETERMINE it's a "heightened risk of attack"?

Whew, and a close read-through (by a non-lawyer) makes it clear these vaccks actions by the govt are UNlawful in a variety of ways!


But, in the meantime, there is also this?
"The U.S Constitution safeguards the rights of Americans to privacy and personal autonomy."
"Body autonomy is a critical component of the right to privacy protected by the Constitution, as decided in Griswold v. Connecticut (1965), McFall v. Shimp (1978), and of course Roe v. Wade (1973)."
"The U.S. Centers for Disease Control and Prevention says: “Whether an employer may require or mandate COVID-19 vaccination is a matter of state or other applicable law.”"

Blogger Paulito June 15, 2021 7:35 AM  

Just use the magic words: "I identify as a vaccinated person."

Blogger Prof. Spudd June 15, 2021 7:36 AM  

The judge appears to have made her decision more on the basis of her disapproval of the plaintiffs' comparison to the holocaust than anything else.

Must be a she-Boomer. Or a Flyer, rather. As in a kangaroo court.

Blogger IamDevo June 15, 2021 7:42 AM  

He's a Reagan appointee. Of course, so were O'connor and Kennedy. I know it's Wikipedia, but, "Lynn Nettleton Hughes (born September 9, 1941) is a United States District Judge of the United States District Court for the Southern District of Texas. His federal judicial service has been hallmarked by being one of the most reversed judges in the United States Court of Appeals for the Fifth Circuit. His repeated misconduct was noted by the Fifth Circuit on May 6, 2021, in an appellate opinion that sua sponte reassigned the case in addition to reversing Judge Hughes." So it's already been appealed to the Circuit. We'll see what happens, I suppose.

Blogger Rocklea Marina June 15, 2021 7:42 AM  

But it would still be helpful if the Texas legislature would immediately pass a new law banning vaccine mandates for employees.

Boomers moving to Florida did the right thing on accident. Good for them. It won't stop Pillow Man.

Hughes ruled that, as a private employer, the hospital system didn’t have to give employees the option of refusing vaccination, and he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

Cute. Do rapists know of this ingenious defence?

"Your Honor, The women is obviously lying, I wasn't conducting any rapes that day and she wasn't on my list."

Blogger Tars Tarkas June 15, 2021 7:56 AM  

A quick google search shows no indication that governor cuck has signed the constitutional carry law the Texas legislature passed and sent to him.

Blogger SciVo June 15, 2021 7:58 AM  

Having worked in Texas, it's an aggressively "at will" state, so it is plausible to me that the decision would be upheld if the legislature doesn't act.

Blogger wahr01 June 15, 2021 8:04 AM  

According to this There is a new law, though I still haven't dug up the bill number to read the details:

https://www.foxnews.com/politics/coronavirus-vaccine-passport-texas-governor-bans

The suit pre-dates this law.

Blogger wahr01 June 15, 2021 8:07 AM  

Correction, it appears the new law applies to customers but not employers.

I should have known better. Abbott is a RINO who attacks alt media because his handlers tell him to.

Blogger Damelon Brinn June 15, 2021 8:14 AM  

They're in a race to get the population injected, or at least their magical 70%, before too many bad stories about the shots make it through the MSM firewall and make that impossible. The more they fail in that, the more frantic they get, because they think if they can just reach a critical mass it won't matter what happens after that. They'll be able to cut the uninjected off from jobs and public spaces, and they'll be able to control the narrative about harm from the injections because most of the population will only want to hear pretty lies.

All we have to do to blow up their plans is to refuse to play.

Blogger Gravy_Bear June 15, 2021 8:21 AM  

My favorite local bakery denied me service today because I wasn't wearing a mask. I spend on average $20 a week there, safe to say they just lost $1000 from their annual profits.

Blogger Ariadne Umbrella June 15, 2021 8:29 AM  

Houston. Famously corrupt. Pro-biz.

Will get sent to employment adjudication in Austin. Pro-employee.

Blogger Mr.MantraMan June 15, 2021 8:30 AM  

Virus/Vax tidbit, supposedly a Zuckerberg funded group gave money to that Wuhan lab. Suddenly for no reason whatsoever the usual happened.

FTR I gleaned this off of twitter so there is that. I'd be totally shocked if the Chinese were to screw the Elders thru leaking deals of this caper, leak it enough soon enough it will look like that scene in "Clockwork Orange" where Dr. (((Shwartz))) has the blame pinned on him for all the misdeeds.

Would the Chinese do that?

Blogger McChuck June 15, 2021 8:34 AM  

"The law" is for suckers and peasants. Welcome to Orwell's glorious future, comrades!

Blogger Fishslinger_Bear June 15, 2021 8:40 AM  

Could a person just state that they have had the vaccine and then deny any proof under the protection of HIPPA?

Blogger Teleport me off this rock June 15, 2021 8:41 AM  

he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

So the human centipede in my sub-basement is perfectly legal because I never attempted to get any official clearance?! Thanks, "justice" system, now it's full steam ahead with all my other crimes against man and God!

Blogger ÆtherCzar June 15, 2021 8:42 AM  

"...they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials."

So, just skip getting that pesky Institutional Review Board approval and you can do all the human experimentation you like because it won't be "real" clinical research. Got it.

Blogger Dan in Georgia June 15, 2021 8:48 AM  

There is not left or right anymore, it's Chamber of Commerce and/or AIPAC.

Blogger ruastatist2 June 15, 2021 8:49 AM  

Several weeks back, OSHA ruled that if an employer mandated the vax, they owned the negative effects and it would reflect on their TRIR.

Blogger Nbaustinbooks June 15, 2021 8:51 AM  

Does anyone know why these 170 employees in this case didn’t just cite religious exemptions? I know the “hospital” isn’t trustworthy at all but I think I saw they said they had like 300 or so employees cite religious exemptions and not have to take it. Are the other 170 just that committed to their brain dead atheism that they still can’t see they have no protection from this kind of evil outside of God? Maybe I missed something but it seems they were given an option they didn’t take for pride or something, in which case I’d say this is the natural outcome.

As for Texas passing a no employee mandate law, hopefully the pressure continues and they do! I’ve been blasting Abbott’s office with emails and calls all year long and, certainly not taking credit but, now we have laws banning public and private requirements for customers. So at this point it seems banning employee requirements would be the next thing to do, if Abbott continues feeling the heat he should rightly feel for 2022.

Blogger Fletch June 15, 2021 8:51 AM  

I said it about the masks, and I'll say it about the not-vax; I'm totally cool with balkanizing along these lines.

Blogger The Observer June 15, 2021 8:55 AM  

Does anyone know why these 170 employees in this case didn’t just cite religious exemptions?

Because this is a retreat from the truth and gives ground to the enemy, bolstering their presuppositions. It's worth fighting for.

Blogger theartistformerlyknownasgeorge June 15, 2021 9:02 AM  

The Observer wrote:In a message to staff last week, Boom chided the recalcitrant staffers, saying, “Unfortunately, a small number of individuals have decided not to put their patients first.”

Also, this is retarded. All of the mutagens do not claim to be sterilising or to prevent transmission, but people continue to pretend anyway. It all boils down to control over people, doesn't it?


The level of gaslighting going on regarding this is amazing.

M. ANTHONY wrote:In Canada too, legal "experts" are saying an employer can mandate vaccinations if they can prove that it makes the workplace safer for everyone.

And less testing or lower cycle PCR yesting will "prove" it.

I'm not sure I want to be treated by a doctor or nurse who HAS been given the protein spiker shot.

Hospitals are so corrupt anyway. There needs to a bunch more Oklahoma Surgery Center type places popping up everywhere.

I also read that they are pushing for actual FDA approval, which, if i understand correctly makes it possible to mandate the not a vaccine for schools and such.

Blogger Ariadne Umbrella June 15, 2021 9:10 AM  

The attorneys in government in Austin are all over the map of believers and not-believers in Corona. When masks were mandated for the staff, the attorneys were skipping them, and giving their staff the flu. Other attorneys were double masking at all times.

Blogger Kelly June 15, 2021 9:26 AM  

Funny to me that for years I've listened to conservative pundits terrified of what government might do, when all along, private corporations have actually been doing all the things they fear the gov will do. This blog is almost the only place on the internet that ever points this out. While they've been wringing their hands over Biden and vaccine passports, I've been waiting for employers to require it, because I expect that's how it will actually be enforced and then they'll shrug "what can ya do" as if effectively it's any different.

Blogger Damelon Brinn June 15, 2021 9:27 AM  

Several weeks back, OSHA ruled that if an employer mandated the vax, they owned the negative effects and it would reflect on their TRIR.

And then they reversed that ruling.

All the mainstream institutions are on board with vax passports and requirements, so they want to show their holiness by supporting it, but none of them want to get out in front and take the brunt of the blame if the public shifts hard against it. Businesses want government to mandate it; governments want businesses to voluntarily require it of employees and customers; and both of them want schools and hospitals to take the lead, since those already have a history of vax enforcement.

So it's a hot potato that they're all passing around. Each time one of them gets too far out in front and there's a public push-back, they back off and try to pass it to one of the others. Figures that it would end up coming down to a judge, like everything else they've ever wanted to enact that was unpopular.

Blogger Seeingsights June 15, 2021 9:34 AM  

Attorney Robert Barnes discusses this ruling. Barnes called the judge dumb and that other judges don’t care for his rulings. Attorney Barnes also said that judge Lynn Hughes was appointed by Reagan. The judge appears to belong to the school of thought: business can do whatever they want.

I think this shows a fault line between the Populist/nationalist Right and Conservativism Inc. Conservativism Inc goes: Big Business Uber Alles.
The populist Right are not socialists. But the populist Right would rein the in the power of private firms if their power harms the people.

Blogger drsmith48167 June 15, 2021 9:44 AM  

Interesting development.....especially since OSHA said employers were responsible for after effects if it harms the employee, doesn't give employees full ride to sue the employer?

Blogger lpdbw June 15, 2021 10:09 AM  

@43 Nbaustinbooks

They only used religious exemptions as a cover, and granted some, so they could then deny the rest. Like mine. They had a review process and committee for the exemptions, and required a religious authority to provide evidence.

In at least one case, they accepted one sister and denied another, and they had both used the same pastor for their reference.

Arbitrary and capricious.

FWIW, life at Methodist with an exemption is going to be Hell. 100% masked, segregated from other people while you eat, constant nagging from management that those restrictions could end if you'd only comply...

Blogger Azure Amaranthine June 15, 2021 10:22 AM  

"issuing the first federal ruling on whether employers can mandate inoculations."

This isn't an inoculation, even under new twisted definitions.

"evil word magic"

The most common kind.

"Could a person just state that they have had the vaccine and then deny any proof under the protection of HIPPA?"

Yes, but the instant response would be "well, you don't HAVE to provide records, however, your employment will be negatively affected".

This is also why "vaccine passport" is being pushed so hard, even though it's blatantly illegal basically everywhere. Evil word magic attempts, like "hate speech", "terrorism", "assault weapons", "Judeo-Christianity", etc.

"Does anyone know why these 170 employees in this case didn’t just cite religious exemptions?"

Because the immediate implication is that there's no logical, material reason they should be exempted, and that's egregiously untrue.

Also because every shill in the state would immediately claim religious authority in whatever religion, then say that it wasn't really a problem for said religion and/or commence assassinating the religious characters. Corrupt courts would support the filthy lies. It's been done before.

Religious exemption is therefore the worst hill imaginable to choose to die on.

Blogger ghostsniper June 15, 2021 10:28 AM  

Can the employers mandate their subcontractors get the poison?
Nope.
If you don't like kneeling like an employee stand like an owner.
It's tough at first but gets easier and better with each passing day.
Never give up. Ever.

Blogger Jab Burrwalky June 15, 2021 10:33 AM  

. . . he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

It sounds outlandishly stupid, but this is how the majority of the court system works.
"Well, it's not a science experiment because they didn't apply for the paperwork to call it a science experiment and publish data on it. If they had done that, they couldn't force you do it. But since they didn't do that, they can force you to do it. Cuz paperwork."

Blogger SonyAD June 15, 2021 10:39 AM  

Who would have thought a boomer would do this? Assuming he wasn't bribed or blackmailed.

It's almost like boomers and lolbertarians have no grasp of or no regard for the concept of principle or any ability to extrapolate or infer the legal precedent or principle established by, the assumptions inherent to or required by or the implications stemming from their 'legal' 'finding'. Nor any inclination to issue rulings which are morally, ethically and principially consistent with each other as well as with a coherent, consistent set of underlying principles, assumptions or values.

The boomer and lolbertarian doesn't (can't or won't?) think through the implications of such a ruling not being strucked down. Which is basically that employers are within their rights to condition employment upon what the employees accept to have put into their bodies or done to their bodies. Therefore:
1. Employees can be required to accept the employer's sex organ into their body either periodically or at any of the employer's choosing, in a bodily orifice of the employer's choosing, as condition of employment.
2. They can be required to periodically accept injection or administration of chemical substances or biological or biochemical concoctions of the employer's choosing, regardless of whether or not the employee risks adverse health effects or loss of life as a result, as condition of employment.
3. They can be required to play russian roulete, as condition of employment.
4. They can be required to undergo biochemical sterilisation, as condition of employment.
5. They can be required to undergo biochemical induced spontaneous abortion, as condition of employment.
6. They can be required to become GMOs, as condition of employment.
7. They can be required to consume or ingest a product of the employer's choosing, as condition of employment.
8. That employers have no civil liability for damages incurred by the employee as a result of any of the above.

Boomers and lolbertarians also don't understand or admit that there's such a thing as a hierarchy of rights. That right 1 of person A can, and sometimes does, supersede and override right 5 of person B. So the right of the employees to bodily integrity and bodily autonomy and security in one's own body supersedes and overrides the right of the employer to condition employment upon something.

In fact, discovering or establishing and enforcing this hierarchy or priority of rights and adjudicating in disputes involving conflicting rights of different priority is one of the main reasons we need and have laws and courts.

Boomers and lolbertarians also don't or pretend not to understand that contracts ought not have illegal clauses or, if they do, that these ought not be enforced by the courts.

They have no problem with force, fraud or coercion as long as it's done by private businesses or corps. They pretend employment isn't necessary to most people for keeping a roof over their head or food in their belly or that it doesn't matter if a person is threatened with losing the ability to nourish or shelter themselves, that that's either perfectly fine or of no concern at all and irrelevant to anyone else or society as a whole. So it's fine to coerce people by threatening their ability to continue supporting their families and themselves, as long as you're a private business.

I can hear them now: So what if it's immoral, unethical, evil? It's done by a private corporation so it's fine! If you don't like it just find another place to work, one that doesn't require you to accept a poison injection to work there (assuming there will be any left if this absurd ruling is not overturned).

This is the same argument which will be used when every employer will require you publicly pledge allegiance and fealty to moloch or baal to work there or that your sons have their genitals mutilated or be chemically castrated.

Blogger OneWingedShark June 15, 2021 10:56 AM  

lpdbw wrote:required a religious authority to provide evidence.
1 Corinthians 6:19 (AMP)
Do you not know that your body is a temple of the Holy Spirit who is within you, whom you have [received as a gift] from God, and that you are not your own [property]?

I think about two thousand years codified in the agreed upon Holy Scriptures of all Christians ought to be religious authority enough, no?

Blogger Azure Amaranthine June 15, 2021 11:03 AM  

"It's done by a private corporation"

The ones that end up with enforcement duty are anything but private. They're propped by fraud fiat money by one means or another, or permitted special loopholes that allow them to operate at a profit with no possible competitors. The pretense must of course be maintained....

Blogger Andrew June 15, 2021 11:14 AM  

I tolerated a lot of shit from society by reminding myself that humans aren't perfect and I shouldn't expect them to be. But I've had enough, if they try to throw me out of society for refusing the vax, then ok. I'm out. It's war, and all those who are still in are the enemy.

Blogger Beardy Bear June 15, 2021 11:17 AM  

From my lay perspective, they'd be better off arguing privacy violations and religious liberties than their rather abstract argument choice.

Blogger Gypsy June 15, 2021 11:34 AM  

@54 Yep. Became 1099 three years ago and will never go back. So many benefits except of course as I'm finding out right now, home buying.

Blogger Azimus June 15, 2021 12:06 PM  

VD:
It seems there is going to be an opportunity soon for people to start vaxx-free businesses


Yes, but maybe thats a bit too narrow of scope. I like what these two counties in Nevada did:

https://www.theepochtimes.com/2-nevada-counties-go-constitutional_3856641.html

Covers a lot of ground simply and quickly - I suppose like the Bill of Rights did originally. I like the idea of telling the Feds to go f**k themselves - with the Fed's own foundational document...

Blogger ghostsniper June 15, 2021 12:43 PM  

@Gypsy, that's GREAT! Glad to hear it. You are now using more of your brain than you ever did as an employee. With constant use your mind will continue to cause you to see more and more benefits and advantages. Now, purchasing a home may seem impossible but I believe you are closer to homeownership as a 1099 than you would be if still an employee. As an employee your potential is limited in a hundred different ways. Without those limitations you will soar. Good luck!

Blogger Jack Amok June 15, 2021 12:47 PM  

he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

I'm not entirely certain about this, but aside from being blatantly stupid, that might also be factually wrong. I think the Emergency Use Authorization basically says giving the vaccine is still a clinical trial, just with less paperwork so it's available for more people.

But I'm sure evil word magic can fix that too.

Blogger OneWingedShark June 15, 2021 12:56 PM  

Azimus wrote:VD:
It seems there is going to be an opportunity soon for people to start vaxx-free businesses

Yes, but maybe thats a bit too narrow of scope. I like what these two counties in Nevada did:
https://www.theepochtimes.com/2-nevada-counties-go-constitutional_3856641.html
Covers a lot of ground simply and quickly - I suppose like the Bill of Rights did originally. I like the idea of telling the Feds to go f**k themselves - with the Fed's own foundational document…

LOL
This is literally the purpose of the Bill of Rights and, implicitly, the Constitution; as per the preamble:
THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

IOW, this is as intended.

Blogger Paulito June 15, 2021 12:59 PM  

This is good precedent - now Hooters can finally require breast augmentation as a condition of employment. Gotta look at the silver lining.

Blogger Damelon Brinn June 15, 2021 1:03 PM  

he found that they weren’t being forced into a human experiment because Houston Methodist hadn’t applied or been certified to conduct clinical trials.

Sounds a lot like "You don't have standing to sue over election fraud because it hasn't been certified yet so you haven't been harmed."

Blogger GeronL June 15, 2021 1:06 PM  

Another evil ruling from robed tyrants

Blogger Warunicorn June 15, 2021 1:07 PM  

Andrew wrote:I tolerated a lot of shit from society by reminding myself that humans aren't perfect and I shouldn't expect them to be. But I've had enough, if they try to throw me out of society for refusing the vax, then ok. I'm out. It's war, and all those who are still in are the enemy.

+1

Blogger GeronL June 15, 2021 1:07 PM  

Ignore the ants, the real enemy is the queen.

Blogger GeronL June 15, 2021 1:13 PM  

They'd have to recall the legislature for a special session.

Blogger GeronL June 15, 2021 1:15 PM  

Abbot isn't a leader. He sent National Guard to bars to cajole people to take the shots.

Blogger GeronL June 15, 2021 1:18 PM  

If you give a reason for firing a person, it had better be a legal reason. It's better to give no reason

Blogger Valar Addemmis June 15, 2021 1:18 PM  

Jack Amok wrote:I'm not entirely certain about this, but aside from being blatantly stupid, that might also be factually wrong. I think the Emergency Use Authorization basically says giving the vaccine is still a clinical trial, just with less paperwork so it's available for more people.

Incorrect. There may be clinical trials for the EUA running concurrently, but that does not make everyone who gets the vaccine a part of those clinical trials.

Not that I'm taking that judge's side. The ruling is a mockery and a travesty. It's pure Boomerconriffic "the government couldn't make you get this experimental drug under 45 CFR 46 because of informed consent requirements, but you have no protection from an employer mandating that you get this experimental drug because then you're not protected by the informed consent provisions in that CFR".

I mean, they unironically state that

"The Nuremberg Code does not apply because Methodist is a private employer, not a government."

But the real offensive part to me is this one:

"Although her claims fail as a matter of law, it is also necessary to clarify that Bridges has not been coerced. Bridges says that she is being forced to be injected with a vaccine or be fired. This is not coercion. Methodist is trying to do their business of saving lives without giving them the COVID-19 virus. It is a choice made to keep staff, patients, and their families safer. Bridges can freely choose to accept or refuse a COVID-19 vaccine; however, if she refuses, she will simply need to work somewhere else."

That is literally, explicitly, coercion. The judge seems to think that because it's for a good cause that that makes it no longer coercion. I tend to argue "on the other hand" to a fault, so I wholly expected to find a legalistic definition of coercion to justify that absurd paragraph. But there is none, in the ruling or in the relevant CFR section.

Blogger Fletch June 15, 2021 2:16 PM  

As noted above; my body is not my own, it is a temple of the Lord. I have no prerogative to change/update/patch/improve it. It is perfect as the Lord willed it.

If that leads to difficulties in employment? Then the Lord is my shepherd. I shall not want.

Blogger JamesB.BKK June 15, 2021 2:24 PM  

A Methodist Hospital is likely a 501(c)(3) tax exempt / promoted corporation for federal purposes and operates under a certificate of need or similar special authorization of a Texas agency. It would be about time for such an entity to be considered a state actor at both levels. These things tend to run unidirectionally however. A "private" hospital may not turn away a customer that cannot pay in many instances for example. It also collects all kinds of federal loot presumably.

The more tenuous but better outcome would be telecoms and internet-based social media and payment platforms that take and act upon surreptitious orders from committees and spy agencies and sometimes respond to outright threats by government actors being recognized as state actors for purposes of their public facing activities.

Blogger RC June 15, 2021 2:34 PM  

@Gypsy wrote, "Became 1099 three years ago and will never go back. So many benefits except of course as I'm finding out right now, home buying."

Hang in there Gypsy. I was a into my first business and couldn't borrow a breath of fresh air, let alone secure a mortgage. Two years later I bought a house on 80 acres with cash. Suddenly all the bankers wanted to loan me money but I never forgot and will never forget. It's far from sunshine and roses, truth be fully told, but it's closer to God's plan and keeps you dependent upon him through thick and thin.

Blogger The Only Cigar in the Box June 15, 2021 3:55 PM  

Wonder what the net result of not being able to sue a company that mandates the not-vaxx for damages should something go wrong. The corporation think they won't have to pay, but I suspect they'll have to pay in some way, shape or form. Same with the School Districts and Health Departments of the States, whom I am sure will be attempting to mandate the not-vaxx for school-age children prior or during the upcoming school year. When kids start dropping dead or ending up with chronic crippling ailments and there's no one to sue, then what?

Blogger Brother Deke June 15, 2021 4:15 PM  

Still ain't taking it.

And the judge needs an compulsory anal swab by force.

Blogger Gregory the Tall June 15, 2021 5:53 PM  

https://www.brighteon.com/5b9f4df1-701d-4ba8-b080-7a8d391af98c
Vaers apparently deleted abiut 150000 cases from their lists, possibly vaccine related deaths

Blogger Azure Amaranthine June 15, 2021 6:00 PM  

"There may be clinical trials for the EUA running concurrently, but that does not make everyone who gets the vaccine a part of those clinical trials."

Incorrect, a person doesn't have to be part of an officially permitted trial to be part of a trial.

Blogger The Observer June 15, 2021 6:07 PM  

Vaers apparently deleted abiut 150000 cases from their lists, possibly vaccine related deaths

And just the other day some idiot proudly announced that he was going to show people how to get the 25k deaths from official databases, without actually doing it.

Cohencidence?

Blogger UrbanBight June 15, 2021 6:43 PM  

This turd of a judge may be transitioning, but it still has it's male parts.

Blogger kerdasi amaq June 15, 2021 7:39 PM  

I'd say it depends on whether there's an appeal or not. Since the employees should be the ones appealing the decision; doesn't that give them the high ground, in that, they get to choose which arguments to bring before the court?

Blogger Unknown June 15, 2021 8:57 PM  

Also posted to AC;
Here: https://www.bmj.com/content/371/bmj.m4037
Tiled Will covid-19 vaccines save lives? Current trials aren’t designed to tell us

Respected scientist Alexandra Henrion-Caude begins at around 1 hour 34 minutes here: https://youtu.be/vLDuC6mYYpc
Mentions antibody dependent enhancement, at 2 hours 10 minutes, which sounds like the cytokine storm reaction.
And are the antibodies neutralising or facilitating? ~ 2h14m This is important.
Argues it can be down to grandchildren, and beyond, at the end. 2h17-22m.

Blogger brbrophy June 15, 2021 9:08 PM  

US District Court Judge Lynn Hughes is a liar. He should be disbarred.

Blogger Unknown June 15, 2021 9:54 PM  

https://www.dailymail.co.uk/news/article-9672347/Social-distancing-stay-FOREVER-says-Communist-supporting-SAGE-Covid-scientist-Susan-Michie.html

Blogger Darren June 15, 2021 11:31 PM  

Just as we are told by The Courts that non-consensual non-informed medical experimentation (AKA violating the Nuremberg Code) is "legal", we also hear from the "Bat Woman" virologist (Shi Zhengli) who says "speculation about her lab in Wuhan is baseless".

https://archive.fo/CuzdS = https://twitter.com/i/events/1404485387934998535

Whew, what a relief. On both counts. Government Knows Best! Trust The Experts!

honkhonk

Blogger CM June 15, 2021 11:56 PM  

The “Reagan” judge guilty of right-wing identity politics? Not surprising.

Blogger Valar Addemmis June 16, 2021 12:06 AM  

Azure Amaranthine wrote:"There may be clinical trials for the EUA running concurrently, but that does not make everyone who gets the vaccine a part of those clinical trials."

Incorrect, a person doesn't have to be part of an officially permitted trial to be part of a trial.


Didn't say they had to be. I said that just because they take the vaccine doesn't make them part of the trial. There are doubtless a significant number of cases tracked as part of a trial, whether or not it's "officially permitted". There are also a significant number of people who are not tracked in any way, because they got it at some random pop-up at their local farmer's market or something similar.

That said, I have no intention to back and forward on the minutiae on this. And it's also relevant to the initial point that the claim about being in a trial was specifically because the plaintiffs were claiming standing based on a CFR segment having to do with actual clinical trials, so saying they're part of a "trial" but not an "official trial" takes them right out of having standing (under that regulation they were arguing, possibly not under other laws or regulations) anyway.

Blogger Guy Jean June 16, 2021 6:36 AM  

This form created by Catherine Austin Fitts at Solari (I believe) seems relevant and might be useful: Form for Employees Whose Employers Are Requiring Covid-19 Injections | coreysdigs.com

Blogger inthebriarpatch June 16, 2021 8:43 AM  

Hahaha! Perfect and over target.

Blogger Akulkis June 16, 2021 12:36 PM  

>> So much for my body, my choice.

Since it never applied to those being aborted, it's always been the emptiest of rhetoric.

Blogger Akulkis June 16, 2021 12:44 PM  

"I identify as ..."


Look, don't be so transparent. Everyone, absolutely EVERYONE, even the most deranged "transracial" trans-sexual ABSOLUTELY KNOWS that "I identify as" precedes a lie.

Just say, "Sure, I got it"

Blogger EmbraceTheDoom June 16, 2021 12:54 PM  

Houston Methodist (deliberately) obfuscates the term "licensed" with "EUA". Which is totally wrong because by definition an EUA is NOT licensed and is thus experimental by definition. This judge is a retard and is the most overturned judge on his circuit.

Houston Methodist has a research institute, Houston Methodist Research Institute. The President of the hospital system is on the Board of Directors. The HMRI is developing.....drum roll please.....mRNA vaccines.

All available on their website.

So that is why there has been ZERO guidance to the hospital system physicians to use HCQ or Ivermectin in any phase of the disease. They basically said to patients - Go home if you are sick and when you are turning blue, come in, we will give you the $3K remdesivir or antibody treatment or put you on a ventilator.

The entire narrative has been to champion the vaccines. The point hospital leadership has actively suppressed and censored any other point of view.

It has been one of the most disappointing episodes of my entire medical career watching this unfold. It is as bad as the AIDS/AZT debacle (another Fauci disaster) and the silicone breast implant fiasco.

Sadly, physicians seem as prone to being fear-porned, propagandized and corrupt as the most venal robber baron.

Blogger Akulkis June 18, 2021 8:11 PM  

Most physicians are extremely well-trained seals. They do whatever their trainers want on command?

Blogger Valar Addemmis June 21, 2021 1:30 AM  

Akulkis wrote:Most physicians are extremely well-trained seals. They do whatever their trainers want on command?

Pretty much. If they do anything differently they're opening themselves up to malpractice suits. And malpractice insurance is already expensive enough to make older practitioners who would otherwise be happy to see patients out of the market. Always look to incentives...

Blogger Chris Ritchie June 25, 2021 10:18 AM  

A judge says an employer can mandate vaccines? So what?!? The courts have been wrong for more than a generation now. It doesn't make them gods or usurp God's laws for us as human beings:
Roe v. Wade: 1973 - Supreme court allows women to murder their babies in the womb

Perverse incentives: https://www.abolishprivateprisons.org/the-issue

racial disparity
https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171114_Demographics.pdf

https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2413&context=articles

court judge corrupt child trafficking:
https://www.prisonlegalnews.org/news/2009/mar/15/georgia-judges-other-officials-indicted-on-corruption-and-human-trafficking-charges/

https://www.cincinnati.com/story/news/2018/05/03/former-judge-tim-nolan-could-sentenced-today-more-drama-could-get-way/577947002/

We do not live in a free country with this kind of stuff allowed to proliferate for years.

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