MOVCAC – 9th Circuit Court – Vax Mandates Unconstitutional

MOVCAC Contributor: Sean P. Keefe
Date: June 18, 2024


If you are like me, you were born into a world where vaccines were a normal course of business throughout your childhood.  For my entire life, if you were given a vaccine, it meant that you were immunized against any future exposure to the disease for which the vaccine was prescribed.  In fact, the word “immunization” was used interchangeably with the word “vaccine” because the purpose of the vaccine was to introduce a disease to your body so that your immune system would recognize it and set up the needed defenses inside your body.

Immune – Merriam Webster Definition

When the Covid experimental mRNA shots were rolled out, many cautioned that there had not been enough testing, that it was a new platform never used before in humans, that animal trials had failed, and that Covid was a disease of the old and infirmed; and therefore, a vaccine was nonsensical.  An important point to make here is that those who tried to caution these unwitting victims were villainized to the point of some being silenced on social media and others having to defend their medical licenses just for giving out accurate medical information.

THE POINT HERE>>

As you may remember, many in our country were given a choice:

Take the vaccine or you cannot serve in the military
Take the vaccine or be ostracized
Take the vaccine or lose your job
Take the vaccine or you can’t eat out
Take the vaccine or you can’t travel
Take the vaccine or you can’t see grandma
Take the vaccine or you are an anti-science bigot
Take the vaccine – it is safe
Take the vaccine – it is effective
Take the vaccine to protect yourself
Take the vaccine to protect loved ones
Take the vaccine to protect strangers

How many national and state leaders urged, coerced, threatened, and bribed their citizens to take this medical experiment?  And how many of those who recognized the scam and decided not to participate were made into villains?

THE POINT HERE>>

Jim Justice told West Virginians that if you didn’t take the booster, you might as well cock a gun to your head!  How is that not coercion or even terrorism?

Joe Biden told unvaccinated Americans, “We’ve been patient, but our patience is wearing thin.”  How is that not coercion?

 

Biden message to unvaccinated: ‘Our patience is wearing thin – BBC September 9, 2021

Before we even get to the 9th circuit’s decision, I’d like to remind everyone that after World War II an international court was set up in Nuremberg to adjudicate the war crimes committed by the Nazi’s.  Among these crimes were medical experiments performed on prisoners.  Out of this tribunal, emerged the Nuremberg CodeThis was intended to create international rules that would protect humans from illegal experimentation.  The very first code coming out of Nuremberg reads as follows:

( 1. The voluntary consent of the human subject is absolutely essential.

This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.

The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. It is a personal duty and responsibility which may not be delegated to another with impunity.

There are so many aspects of this one code that were ignored you would think that Dr. Anthony Fauci (national front man for Covid) and Dr. Clay Marsh (West Virginia front man for Covid) had to be either stupid or malevolent.  I am not a doctor, but I know about the Nuremberg Codes and human experimentation.  It’s as if “force, fraud, deceit, duress, over-reaching… and coercion” were the plan instead of the guardrails.  Later in that very first code, the authors address the need for those being experimented on to made aware of “…all inconveniences and hazards reasonably to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.”

The fifth code reads as follows:

( 5. No experiment should be conducted where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.

 

To all those who participated in this experiment and took at least one of these shots, I ask if you knew about the 1,223 deaths noted by Pfizer in their post-marketing documentation?

Source – 5.3.6 CUMULATIVE ANALYSIS OF POST-AUTHORIZATION ADVERSE EVENT REPORTS OF PF-07302048 (BNT162B2) RECEIVED THROUGH 28-FEB-2021

The state of Kansas now recognizes that Pfizer misled the public with its proclamations about the new Covid mRNA experimental shot.  Every AG in every state should be representing their constituents in this way.  We were all misled and misinformed – on purpose!

Kansas accuses Pfizer of misleading public about COVID vaccine in lawsuit – Reuters June 17, 2024

Our government and our medical establishment KNEW that these mRNA experimental shots were killing those who took it.  They knew and they still, not only recommended it, but bribed, coerced, and bullied people into taking it.  Then they used fear and unethical manipulation to enlist our fellow humans into coercing and bullying those who did not trust the authorities running this scam.  Those of us who smelled a rat were called anti-science bigots, grandma killers, and anti-vaxers.  We were ostracized by friends, family, and society.

Why have we not been given anonymized data regarding Covid experimental shot recipients and health outcomes to analyze?  These shots are still not approved by the FDA but continue to be administered under an Emergency Use Authorization (EUA).  Again, I am neither a doctor or scientist; but I do understand how medical trials work.  Those who took the experiment should be followed up on for years in order to identify and document unexpected effects from the treatment.  I know many people who experienced adverse effects and not one member of the medical community has followed up.  There should be a control group who did not receive any shots in order to compare health outcomes.  Why did none of this happen?  It’s like Anthony Fauci said it is safe and effective and that ended the study.  No follow-up, no analysis – just roll up your sleeve.

I used to think that the United States was a shining example of how things should work in a functioning society.  I now understand that we make up a lot of rules and expect that the rest of the world will follow them.  These rules were never intended to be applied to the rule-makers!  If we wish to circumvent the “rules-based system,” well, we make the rules.

So, even before we get to the 9th circuit’s monumental decision, it is clear that our government, media, and medical establishment broke the international rules setup in Nuremberg.  They experimented on their fellow humans using duress, coercion, and bribery.  While at the same time, hiding the health impact of the experiment from those who participated.

Our government, medical establishment, media, and corporate overlords did to us exactly what was done to prisoners in Nazi camps.  EXACTLY THE SAME THING.

THE POINT HERE>>

Where is the outcry?  Where is the anger?  How many children have taken this material which has been described by Dr. Francis Boyle (architect of the 1989 Biological Weapons, Anti-Terrorism Act) as a bioweapon.

Dr. Boyle’s affidavit, which was submitted as part of an emergency petition for a writ of mandamus in Florida, argues that the distribution of COVID-19 vaccines violates several statutes, including the U.S. Code on Biological Weapons and Florida’s statutes on weapons and firearms.

Source – Law Professor Dr. Francis Boyle, Who Drafted the 1989 Biological Weapons and Antiterrorism Act, Claims COVID-19 mRNA Injections are Weapons of Mass Destruction in New Affidavit

 

Our own Tom Roten interviewed the Florida man whose legal proceedings prompted Dr. Boyle’s affidavit.

It is as if our legal, political, medical, and media systems all forgot about early treatments, natural immunity, and how it’s illegal to lie, bribe, coerce, or hide health outcomes while performing a medical experiment.

As background to the 9th circuit’s case, the L.A. Unified School District (LAUSD) made the Covid shot a mandate for all employees.  I recommend you read the decision for yourself:

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT – No.22-55908, D.C. No. 2:21-cv-08688- DSF-PVC

There were a couple of matters resolved with this decision.  First, the mootness argument failed due to the LAUSD changing policy based on what they expected from litigation.  There was a dissenting opinion written but basically, the court found that the actions of LAUSD made it appear that regardless of the case outcome, LAUSD was willing to change the policy until the case was dropped and then was willing to reimpose the mandate.

Second, the court agreed with the plaintiffs that the shots being required did not meet the standards for a vaccine.  The district court had relied on an earlier Supreme Court decision (Jacobson v. Massachusetts, 197 U.S. 11 (1905)) that had determined that mandatory vaccination was constitutional because vaccination prevented the spread of disease and thus protected the public.  Below is the pertinent excerpt of the decision:

The district court relied on Jacobson to hold that the Policy was rooted in a legitimate government interest. Reilly, 2022 WL 5442479, at *5−6. But Jacobson does not directly control based on Plaintiffs’ allegations. In Jacobson, the Supreme Court balanced an individual’s liberty interest in declining an unwanted smallpox vaccine against the State’s interest in preventing disease. 197 U.S. at 38. The Court explained that the “principle of vaccination” is “to prevent the spread of smallpox.” Id. at 31–32. Because of this, the Court concluded that the State’s interest superseded Jacobson’s liberty interest, and the vaccine requirement was constitutional. Id.

Plaintiffs argue that a “traditional vaccine” must provide immunity and prevent transmission, meaning that it must “prevent the spread” of COVID-19. Plaintiffs allege that the vaccine does not effectively prevent spread, but only mitigates symptoms for the recipient. And Plaintiffs claim that something that only does the latter, but not the former, is like a medical treatment, not a “traditional” vaccine. This interpretation distinguishes Jacobson, thus presenting a different government interest.

Putting that aside, the district court held that, even if it is true that the vaccine does not “prevent the spread,” Jacobson still dictates that the vaccine mandate challenged here is subject to, and survives, the rational basis test. The district court reasoned that “Jacobson does not require that a vaccine have the specific purpose of preventing disease.” Reilly, 2022 WL 5442479, at *5 (emphasis in original). It acknowledged Plaintiffs’ allegations that the vaccine did not “prevent transmission or contraction of COVID-19.” Id. at *6. But it declared that “these features of the vaccine further the purpose of protecting LAUSD students and employees from COVID-19,” and thus “the Policy survives rational basis review.” Id.

This misapplies Jacobson. Jacobson held that mandatory vaccinations were rationally related to “preventing the spread” of smallpox. 197 U.S. at 30; see also Roman Cath. Diocese of Brooklyn v. Cuomo, 592 U.S. 14, 23 (2020) (Gorsuch, J., concurring) (“Although Jacobson pre-dated the modern tiers of scrutiny, this Court essentially applied rational basis review to Henning Jacobson’s challenge . . .”). Jacobson, however, did not involve a claim in which the compelled vaccine was “designed to reduce symptoms in the infected vaccine recipient rather than to prevent transmission and infection.” Reilly, 2022 WL 5442479, at *5. The district court thus erred in holding that Jacobson extends beyond its public health rationale—government’s power to mandate prophylactic measures aimed at preventing the recipient from spreading disease to others—to also govern “forced medical treatment” for the recipient’s benefit. Id. at *5.

At this stage, we must accept Plaintiffs’ allegations that the vaccine does not prevent the spread of COVID-19 as true. Twombly, 550 U.S. at 556. And, because of this, Jacobson does not apply. LAUSD cannot get around this standard by stating that Plaintiffs’ allegations are wrong. Nor can LAUSD do so by providing facts that do not contradict Plaintiffs’ allegations. It is true that we “need not [] accept as true allegations that contradict matters properly subject to judicial notice.” Sprewell v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001). But even if the materials offered by LAUSD are subject to judicial notice, they do not support rejecting Plaintiffs’ allegations. LAUSD only provides a CDC publication that says “COVID-19 vaccines are safe and effective.” But “safe and effective” for what? LAUSD implies that it is for preventing transmission of COVID-19 but does not adduce judicially noticeable facts that prove this.

We note the preliminary nature of our holding. We do not prejudge whether, on a more developed factual record, Plaintiffs’ allegations will prove true. But “[w]hether an action ‘can be dismissed on the pleadings depends on what the pleadings say.’” Marshall Naify Revocable Tr. v. United States, 672 F.3d 620, 625 (9th Cir. 2012) (quoting Weisbuch v. County of Los Angeles, 119 F.3d 778, 783 n.1 (9th Cir. 1997)). Because we thus must accept them as true, Plaintiffs have plausibly alleged that the COVID-19 vaccine does not effectively “prevent the spread” of COVID-19. Thus, Jacobson does not apply, and so we vacate the district court’s order of dismissal and remand.

THE POINT HERE>>

The wheels of justice do turn slowly.

Anthony Fauci may represent science, but real science is not afraid of questions and open analysis.  Our own Covid numbers (cases and deaths) show that the vaccine did not prevent contraction or spread.  In fact, cases and deaths exploded after the rollout of the experimental shot:

West Virginia Cumulative Death

Source – CDC Covid Tracker

West Virginia Cumulative Cases

Source – West Virginia Ranks 47th in Cumulative COVID Cases and 50th in Cumulative COVID Deaths

As you can see from the above charts, West Virginia did not begin experiencing a pandemic until after the “vaccine” was rolled out.

In addition, although we experienced an alarming rise in excess deaths in 2020, that number exploded in 2021 and 2022:

Data Source 1925 – 2020 – WEST VIRGINIA VITAL STATISTICS 2020

2021 – 2022 – https://data.cdc.gov/NCHS/Weekly-Provisional-Counts-of-Deaths-by-State-and-S/muzy-jte6

Data Source 1925 – 2020 – WEST VIRGINIA VITAL STATISTICS 2020

2021 – 2022 – https://data.cdc.gov/NCHS/Weekly-Provisional-Counts-of-Deaths-by-State-and-S/muzy-jte6

THE POINT HERE>>

So now what?

We know that death accelerated both nationally and in our state after the rollout of the “vaccine.”  We know that there is no data to validate the “Safe and Effective” mantra that was parroted by media, the medical establishment, and our political elites.  We know that our own DHS has not released birth/death data since 2020.  What are they hiding?

I have heard my entire life that ignorance is no excuse when it comes to the law.  If I’m driving 50mph in a 25mph zone and I get pulled over, saying that I didn’t know the speed limit will not get me out of a ticket.  Ignorance is no excuse.

If the 9th Circuit Court finds in 2024 that these mandates were unconstitutional, then they were unconstitutional when they were implemented in 2021.  That means a lot of people illegally infringed on the God-given rights of American citizens.  Where are the consequences for them?

If I knew these mRNA experimental shots did not meet the criteria to be defined as a vaccine, those in our media, medical community, and political class knew that these were not vaccines.  They are elected, appointed, hired, or educated to know these things.  They do not get the opportunity to hide behind ignorance. 

Where are the ambulance-chasing lawyers to represent those injured or killed?  Where are the physicians who should be paying attention to the excess deaths in West Virginia where over 11,000 extra deaths were recorded from 2020 through 2022?  Why do our health boards care more about a single case of mumps or a dozen cases of syphilis while no one is alarmed about 11,000 excess deaths?  Do you realize that that is more than three 9/11’s in a state with less than two million residents?  Where are the politicians who beg us each election cycle to give them our vote?  Where are the investigations in the WV House and/or Senate?  Where is the media to report on this scandal involving every state, every county, every municipality?

All of those professions are held up as examples of heroes in our communities.  Lawyers fight for the little guy.  Doctors and nurses save lives.  The guy on the TV news can’t be lying to me; he’s on TV!

Most importantly, where is law enforcement?  There are obvious crimes against humanity that have been perpetrated in each of our counties, in each of our states.  Where are their investigations?  I can almost understand the cowards in our media, medical class, and political class.  They are routinely bribed, cajoled, or threatened into ignoring things that are important to the peasant class.  But law enforcement?  They belong to our class.  Their children attend the same schools and are constrained by the same rules as the rest of us peasants.  Why are they uninterested in so much excess death that occurred in conjunction with the rollout of a brand new medical technology that was forced onto an unwitting public?

Understanding malevolence and criminality is their only job.  Recognizing events in need of investigation is right in their wheelhouse.  Why have they been so silent?

 

THE POINT HERE>>

I cannot answer those questions.  I can only provide the data and ask the questions.  If you wish to protect your family from this bioweapon, I suggest you begin asking those questions as well.

Now that the 9th Circuit has weighed in, perhaps those in law enforcement will be more willing to hear the evidence of these crimes.

Every sheriff in our state has a set of ears – and hopefully a spine.