"in every well ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand" and that "[r]eal liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others." – USSC Justice John Marshall Harlan (and there you have it, see more on this below)

It should be noted that in no case of any mandate, whether in Maine, New York or elsewhere, it anyone being denied legitimate medical exemptions thereby putting their persons or their lives at risk. Religious exemptions on the other hand do not fall into that concern and have no merit.

In addition this question of vaccine mandates generally as it pertains to nationally, at the state level, and even locals within a state; and the question of vaccine mandates for children attending schools; has actually been settled for 115 and 99 years respectively by the U.S. Supreme Court.

The present State of Maine action should now quell any similar actions intended at present in any other state, and should the New York State action be appealed to the U.S. Supreme Court it shall certainly fail.

In the NY action, remember that there was no decision in favor of the plaintiffs, there was only a pause, a temporary injunction, and what the US Court of Appeals just ruled is in affect the same as what the US Supreme Court will rule should it get there.

U.S. Supreme Court rules against health care workers seeking religious exemption to vaccine mandate and refuses to block Maine’s Covid vaccine mandate

Kelsey Dallas 5 hrs ago

10/29/21

For the first time in months, the Supreme Court has ruled again against a religious freedom claim.

Justices announced Friday that the court will not intervene to side with health care workers over

their faith-based objections to Maine’s COVID-19 vaccine mandate.

The U.S. Supreme Court has rejected an emergency appeal from Maine health care workers to halt a COVID-19 vaccine mandate that took effect Friday. Health care workers at hospitals and nursing homes throughout the state risk losing their jobs if they are not vaccinated and religious exemptions are not being offered.

In a statement agreeing with the court’s unwillingness to involve itself in the matter, Justice Amy Coney Barrett, who was joined by Justice Brett Kavanaugh, said the court has "discretionary judgment" on whether to take emergency appeals like this and claimed the court was being asked to "grant extraordinary relief." It could be added further with respect to her statement that to grant extraordinary relief would be in direct contradiction to previous Supreme Court decisions, the precedents therefrom, and the long standing settled law thereafter.

A federal judge in Maine declined to stop the mandate, concluding that a lawsuit was unlikely to succeed. That Oct. 13 decision prompted a flurry of appeals that landed, for a second time, in the Supreme Court. The ruling by the Federal court in Maine is similar to the decision just made by the Federal court in New York who knows just the same that a continuance of the action is unlikely to succeed.

Both courts did their jobs properly and made the correct decisions.

It can be further noted that back in August, the US Supreme Court also denied an appeal from students at Indiana University to block the school’s vaccine mandate.

Appellate court strikes down injunction allowing NY health care workers to get religious exemption in vaccine mandate

BY SPECTRUM NEWS STAFF NEW YORK STATE OCT. 29, 2021

The U.S. 2nd Circuit Court of Appeals is siding with Gov. Kathy Hochul’s administration and striking down a temporary injunction that had allowed health care workers to get religious exemptions from the COVID-19 vaccine mandate.

That reverses a ruling from a federal judge in the Northern District of New York, pausing the state’s mandate.

When the mandate went into effect earlier this month, it was met with protest outside some hospitals.

Health care workers with medical exemptions can opt out of the vaccine mandate.

In other relevant pending news:

Hochul says COVID-19 vaccine mandate for public schools ‘a possibility’

That headline was from a few days ago and we submit now that the vaccine is approved, strike possibility and make it a reality. The sooner the better, mandate it just like 9 other vaccines which are already mandated. The precedent is again settled law, within the purview and interests of the state to do so for the general welfare, and it should be done without much reservation, hesitation, or hand wringing. If there is no mandate we will likely just waste precious time in getting half the kids vaccinated, while the other half remain not, and end up stalled and at another stalemate like we have already experienced with led to the mandates currently in affect regarding adults.

We need to end this, to eradicate it to the extent humanly possible, we need over 90% total inoculation, preferably 95%, and to achieve that it must of course include children.

ANALYSIS – HISTORICAL PERSPECTIVE AND CURRENT PERSPECTIVE

Being one of 11 states at the time that had compulsory vaccination laws. Massachusetts law empowered the board of health of individual cities and towns to enforce mandatory, free vaccinations. With smallpox outbreaks ravaging communities they did just that.

This resulted in the US Supreme Court case Jacobson v. Massachusetts, 197 U.S. 11 (1905)

In a 7-2 decision Justice John Marshall Harlan delivered the decision for the majority that the Massachusetts law did not violate the 14th Amendment. The Court held that "in every well ordered society charged with the duty of conserving the safety of its members the rights of the individual in respect of his liberty may at times, under the pressure of great dangers, be subjected to such restraint, to be enforced by reasonable regulations, as the safety of the general public may demand" and that "[r]eal liberty for all could not exist under the operation of a principle which recognizes the right of each individual person to use his own [liberty], whether in respect of his person or his property, regardless of the injury that may be done to others."

Furthermore, the Court held that mandatory vaccinations are neither arbitrary nor oppressive so long as they do not "go so far beyond what was reasonably required for the safety of the public". In Massachusetts, with smallpox being "prevalent and increasing in Cambridge", the regulation in question was "necessary in order to protect the public health and secure the public safety".

In this decision the Court also recognized the possibility of a bon-a-fide medical exemption, and said decision was absent of any religious exemption, whereby they acknowledged that, in "extreme cases", for certain individuals "in a particular condition of health", the requirement of vaccination would be "cruel and inhuman[e]", in which case, courts would be empowered to interfere in order to "prevent wrong and oppression"

The decision supported both police power of the state and limits on the power, and the decision would be invoked to support both in many later cases. Harlan himself, and rightfully so, stated his nuanced opinion on the limits of government power by saying that "general terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence"

It should also be pointed out that this decision has also been cited in cases pertaining to mask mandates and stay at home orders that have occurred and been upheld throughout the Covid pandemic.

The next case of consequence and as related to the former, and as related to present law in every state in the nation, and as will be related to Covid vaccine mandate sure to come about for schools now:

Zucht v. King, 260 U.S. 174 (1922), in which the US Supreme Court, by unanimous decision, found that the school district of San Antonio, TX, could constitutionally exclude unvaccinated students from attending the schools in the district.

At question was an enacted ordinance prohibiting any child from attending a public school or other places of education without having first presented a certificate of vaccination for smallpox. Rosalyn Zucht was excluded from both public and private schools due to her refusal to receive a vaccination and sued, asserting that there was no emergency requiring vaccination and that she was deprived of liberty without due process of law by effectively making vaccination compulsory. The Texas state courts denied her claims, and she appealed to the United States Supreme Court.

In what was a brief opinion, the Court noted that the previous case ofJacobson v. Massachusetts "had settled that it is within the police power of a state to provide for compulsory vaccination". The Court found no reason to question the fairness with which the city ordinance was applied in this case, and found that the ordinance reflected the broad discretion needed by authorities to protect the public health. The Court also noted that although the plaintiff asserted an equal protection violation, she had not articulated any impermissible discrimination that would invoke that doctrine, leaving nothing for the Court to examine with respect to such a claim.

Point#1 claiming there was no emergency as the country continues its quest to eradicate smallpox and keep it eradicated can be deemed a false argument, considering the failure to keep inoculating will result in smallpox coming back, thereby creating an emergency with a threat to public health once again and the known irreparable harm that would result therefrom.

Point#2 there is no equal protection violation when in fact the law requiring the vaccines is being applied to all children in all schools, without regard to any demographic concern, and with the only exception being for those that have a bon-a-fide medical exemption as has already been set forth and excepted within said laws.

NOW FOR THE PRESENT DAY WITH RESPECT TO SCHOOLS, THE WORKFORCE GENERALLY, PUBLIC SERVANTS, AND WITH RESPECT TO THE MEDICAL INDUSTRY SPECIFICALLY:

It goes without saying that children at present receive approx. 9 mandated vaccines in order to attend school. Sure you can chose to home school your children, but most parents choose to do so because they do not agree with the teaching agenda in many of our public schools as well as many having the inability to afford a private school of their liking. Those parents that would home school kids just to avoid vaccines in our opinion are both foolish and irresponsible. The Covid vaccines now being approved for children need to be added to list. They are as important as the others and this cant be understated the more this pandemic goes on as we are now seeing more and more children affected, not to mention issues regarding the spread as well as overall herd immunity objectives.
You need to be vaccinated for many other things too, like college admission (which of translates to, or should that not just students are vaccinated but all the college staff as well), to go in the military and when you are in the military (and again does that just mean all the grunts, of course not, that means all the officers, attache’s and everyone), to travel (which here again, should translate not just to passengers but also to all the airline attendants and pilots, and how about all those airport staff and TSA screeners, of course), and for a job in many industries you need them. Employers can mandate them as a condition of employment just like they can mandate legal status, that you are drug free, and that you have certain other qualifications.
Public servants, yes you, are exactly that. As part and parcel to said service is an inherent duty to protect the public. It cannot be argued to be vaccinated is the best way and the necessary way to best protect the public from transmission, and severity, and potential harm/death. The governments mandating its workforce be vaccinated should be exactly that, its workforce. Not this segment thereof or that segment thereof, but rather the whole damn thing. This is where one mistake is being made, you don’t mandate city hall but not the public works crew, or the fire dept but not the police dept, and etc. its one thing to have staggered stages if in fact it is because of supply issues, but not because you are picking and choosing. The matter of mandating government workers/public servants (which by the way includes every public school teacher) should be exactly that, all.
This brings us to the deft way in which President Biden is handling the workforce mandate. (Note, we do not care for him, disagree on droves of issues, but we agree and support efforts for vaccine mandates). The problem is such things as mandating every company with a 100 or more employees as if a company with 99 (or a company suddenly now with 99) is any different or less risk. How ridiculous. This is a national emergency calling for a national mandate, ok so be it, then stop picking and choosing and giving cause to some equal protection argument, ie. You cant force my company of 101 when you are giving a free pass to that company with 99. That brings us to another issue irking us which is certain unions trying to leverage and resisting out of desire for collective bargaining. What BS, this isn’t a collective bargaining issue, this is everybody needs to get vaccinated whether they are in a union or not, period.
That last comment reminds us of another issue irking us and that is all the foolish bribery. Unbelievable that we have 1000’s upon 1000’s of responsible citizens that got their vaccines, got nothing for it, it was simply the right, smart, responsible thing to do, and yet for all those that haven’t we have dopes in government from governors to mayors doing things like paying people, giving away prizes, scholarships, enrolling people in lotteries (like yeh you really deserve to win a million$), and even buying special meals for prisoners. This is ridiculous, for crying out loud end it, just issue mandates and enough of that absurdity.
One thing for sure we disagree with when it comes to government and all the politicians is all this do as I say not as I do that we see, that they know better than us, are over and above us, are somehow special as compared to us. They have for example a mask rule, and yet they themselves violate it, they let their connected friends as well in many cases, and there too, its absurd. Governor Newson in California should have lost the damn recall. He is guilting of not one but several hypocrisies involving himself, his family, his friends, and even issues surrounding his actions on behalf of his own children. Utterly ridiculous.
Speaking of hypocrisy, it is a problem surrounding the medical industry bringing us to this final part. It simply cannot be reconciled that for years there have been vaccine mandates already in affect for those that work in hospitals, related institutions, for those in their training programs and medical universities, and so on. Here locally with UPMC you are required to get flu vaccines, have been for years. For god sakes Covid is far worse than the flu and so it goes without saying that a Covid vaccine mandate should be adopted and the government should not have had to make you do it! Hospitals like UPMC as well as those all over the country, as well as all kinds of medical groups and organizations are promoting every day, the vaccines are safe, effective, get them, yet we have to have this fight and all this division over their own people getting them. To be fair most of their people have willingly got them, for all those that were so to speak forced to get them and came around and did so, well good for you. As for all those that still refuse and have quit, been fired, or on leave, oh well. Yes oh well, as far as we are concerned if you are that irresponsible, not in keeping with all these organizations mission statements for which you work that put the patients first and speak of safety and looking out for their well being above all, well you are not, and quite frankly we don’t want you taking care of us as there are many other more responsible people to do so.

We will have another part being posted soon that will continue to talk about the vaccine mandates and the medical industry