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“[t]he vaccination requirements set forth in the [New Mexico public health order], … grounded in medicine and science, are rationally related to [the state’s] legitimate purpose of protecting our community ‘against an epidemic of disease [that] threatens the safety of its members.’” Id. at *8 (quoting Jacobson v. Massachusetts, 197 U.S. 11, 27 (1905))."
Jacobson is still the law of the land: vaccine mandates are 100% legal. If the government orders you to get a shot and you refuse, you can be fined. So far the federal government has let anti-vaxxers slide and has chosen not to fine people, but they certainly could.
Anti-vaxxers' only hope is to get before the Supreme Court and ask that Jacobson be overturned. That outcome is probably unlikely.
Yeah, because you people think the science says if we all get vaccinated and hide in nation-wide lock downs for two weeks, this virus will cease to exist.
This federal judge insists the right to be free from forced vaccination is "Not a Fundamental right" in this nation's history. What? God.. just like doctors.. looking all around for something self evident and "not seeing it".
Or maybe some people are hallucinating a right that doesn't exist, at least not in "inalienable" form?
Or maybe some people are hallucinating a right that doesn't exist, at least not in "inalienable" form?
In the minds of the left, a Right is something that requires forcing others to do something to themselves against their will, before my Right can be realized.
Well, given the supply chain issues and labor shortages, they can go ahead and require vaccines, and see how many people they lose as a result... since the left won't give in with their nanny state mandates and give people the right to choose and shut up about covid already.
Our employer was clear it wasn't them mandating the vaccines, but the Biden administration because of the government contract executive order of Biden's. Frankly executive orders shouldn't even be enforceable. In my eyes they aren't valid.
By the same logic, employers requiring vaccination are likely to be found liable in cases of vaccine injuries, which, according to the astronomical numbers of injuries and deaths reported to VAERS already, should be expected to exponentially exceed any figure one might anticipate in your hypothetical example.
And, employers cannot escape the fact that these vaccines are still experimental and not approved, and they are not covered under this umbrella of liability protection enjoyed by the vaccine companies.
As for Biden’s overtly Slimy and illegal tactic of using a federal regulatory agency like OSHA to create rules requiring private employers to mandate vaccination, such agencies have no legislative law making power, and therefore, no power to issue such mandates, which would require a federal law passed by congress. Knowing such a law would be unconstitutional, the District of Criminals are attempting, under color-of-law, to convince private sector employers to do what they know the federal government cannot do legally.
Talk about a total, lawless gang of criminals ….
No likely to it. SHRM guidance is that if an employee suffers a mandated vaccine injury, the employer is responsible via Worker's Comp.
Bottom line: You have the right to refuse the vaccine.
But your employer or any establishment also has the right to require vaccination as entry requirement. Their right to protect themselves does not infringe on your right to refuse the vaccination.
.
I'll patiently wait for one of those tyrants in a robe to try and vaccinate me or my family.
No likely to it. SHRM guidance is that if an employee suffers a mandated vaccine injury, the employer is responsible via Worker's Comp.
This assumes that vaccinated people cannot catch or spread the virus. I do not believe that is true. Vaccinated people still catch the virus, but their immune systems are better able to fight it off.
This isn't like measles or polio vaccines, we are not seeing entire nursing homes of vaccinated people coming down with cases of polio and measles. We are seeing vaccinated coming down in droves with COVID
Bottom line: You have the right to refuse the vaccine.
But your employer or any establishment also has the right to require vaccination as entry requirement. Their right to protect themselves does not infringe on your right to refuse the vaccination.
.
How does a person who is not infected with the COVID virus, threaten to spread the virus at their job?
Did the court address that?
Additionally, we know the fully vaccinated are spreading the virus. How does the court address that?
Finally, do the fully vaccinated have a Constitutional or Statutory Right to Endanger Everyone Else?
No likely to it. SHRM guidance is that if an employee suffers a mandated vaccine injury, the employer is responsible via Worker's Comp.
Not if it is the employer requiring it as condition of employment, and especially so, if that requirement has known safety risks. Workmans compensation is an wage replacement matter, not a civil liability matter.
Just as one might be injured on the job in some other fashion, the receiving of workman's compensation does not preclude civil liability. The two are totally separate issues.
Of course, given the extreme level of corruption which has not spared the judicial system, I’m speaking purely from a technically legal perspective, not a practical one.
Last edited by GuyNTexas; 09-24-2021 at 12:06 PM..
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