Any immunity that Congress has pretended to offer Pfizer, is very questionable if it isn’t in violation of the Seventh Modification stopping individuals from their proper to claims towards Pfizer et al. Even trying on the PREP Act Immunity from Legal responsibility for COVID-19 Vaccinators, it can’t afford immunity for willful misconduct. What we’re coping with is a statutory grant of immunity to Pfizer and others to create vaccines with immunity.
42 U.S. Code § 300aa–22,
“No vaccine producer shall be liable in a civil motion for damages arising from a vaccine-related damage or loss of life related to the administration of a vaccine after October 1, 1988, if the damage or loss of life resulted from unwanted effects that had been unavoidable regardless that the vaccine was correctly ready and was accompanied by correct instructions and warnings.”
The seventh Modification to the U.S. Structure was supposed to guard the proper of each American citizen to a trial by a jury of his friends in a civil court docket case. The writers’ goal in drafting this modification as an addition to the Invoice of Rights was to guarantee that the federal government wouldn’t eradicate the observe of trial by jury. The most important concern right here was that, if trials had been determined solely by judges, the judges would, as a rule, facet with the federal government. This is able to, in flip, give the federal government an excessive amount of energy. To discover this idea, think about the next seventh Modification definition.
There was a federal appeals court docket that declined to grant an injunction towards Indiana College’s vaccine mandate after it was challenged in a lawsuit by college students who mentioned it violates their constitutional rights. That was a separate query from what I’m elevating right here. The Indiana case handled solely the constitutionality of vaccination mandates. That didn’t handle whether or not or not the vaccines had been ever correctly examined and had been in reality inflicting hurt.
We should separate the authorized argument for the objection to the mandates had been all based mostly on particular person rights as within the abortion rhetoric, it’s my physique, my determination. The federal government can usually regulate its personal staff, or these it even funds with Medicaid/Medicare. Therefore, that raised the problem of individuals with legitimate spiritual or medical objections. All of that also proceeded upon the essential assumption that the vaccines had been authorized and brought about no hurt.
The Biden Administration just about conceded that it didn’t have the constitutional authority to pressure each American to take the COVID-19 vaccine. Nonetheless, the Biden Administration tried to bypass that constitutional limitation by having the Occupational Security and Well being Administration (OSHA), which regulates inside the U.S. Labor Division office security, reasonably than public well being. OSHA’s emergency order required all employers with 100 or extra staff to demand that their staff both be totally vaccinated or get a COVID-19 take a look at no less than as soon as per week.
There’s one other challenge that surfaced with COVID and that was that Biden had companies issuing unconstitutional orders with out authority from Congress. The Facilities for Illness Management issued a prohibition towards tenant evictions. That demonstrated that the Biden Administration was performing in a tyrannical method circumventing each the Structure and Congress. The eviction decree made it to the Supreme Courtroom which held such a decree might solely be issued with Congressional legislative motion. When Congress refused, the Biden administration simply ignored the Supreme Courtroom anyhow. Then on Aug. 26, 2001, the Supreme Courtroom in a Per Curiam determination (complete court docket), the Courtroom struck down the Biden eviction moratorium. That is coping with Biden’s abuse of government orders ignoring Congress and the Supreme Courtroom. That was actually tyrannical. Therefore, his vaccine mandate raises the exact same query of Congress’ delegation of authority to administrative companies that by no means granted such authority and Biden’s unconstitutional circumventing of Congress.
My query stays totally different If the seventh Modification was to forestall judges who would all the time rule in favor of the federal government, then can Congress cross any statute that grants immunity to Pfizer when there may be an exception even to Certified Immunity of presidency brokers after they act intentionally? If a Prosecutor may be charged when he DELIBERATELY violates your Constitutional Rights, then so can everybody at Pfizer!
Get at it, Legal professionals! Do what you had been supposed to do whenever you took your oath.
