☕️ Coffee & Covid ☙ December 1, 2021 ☙ WRECKED! 🦠
Giant news about two more court cases that almost completely wreck the Biden Mandates; Chris Cuomo experiences an employment change; South Africa didn't start Omicron after all; and more...
As the great news kept tumbling out of the roaster yesterday, two thoughts began percolating in my mind, thoughts that have been distant from the old grey matter for two years now: first, maybe I will finally have time to start my workout routine back up and shed my pandemic pounds! And second, what on Earth am I going to write about when this madness is over?
I’ve been telling you this day was coming for a while now. Well, it came. As the last misty shreds of The Narrative blew into the wind, like a vampire that’s been burned up in the sunlight, and after the Missouri court halted the CMS Mandate in ten states on Monday — yesterday, two MORE courts wrecked the Biden mandates. Wrecked them.
We are in mop-up operations now. Put on some cheerful Christmas music and get ready to feel terrific.
🗞 *THE C&C ARMY POST* 🗞
🔥🔥🔥 OPERATION MULTIPLIER: I got official word from the DeSantis campaign yesterday: Coffee & Covid raised over $60,000 in ONE DAY in small donations when we multiplied the Governor. It won’t guarantee his re-election or anything, but it put us on the map and it sent a clear message. A message that was received, loud and clear. It’s something none of us could have done individually — but, working together, we definitely moved the needle. Congratulations!
Sure, it could have been more. But it was our first one. Success breeds success. I am gratified and encouraged, and I don’t think it was an accident that the dispatch was delivered here to the front lines on the very same day that all the other splendid news came through. I think it was providential.
We are on a roll. We’re going to keep rolling, too, until the whole country is free.
🗞*COVID NEWS AND COMMENTARY* 🗞
🔥 A Louisiana federal court joined the Missouri court in enjoining the illegal and reprehensible Biden CMS Mandate — except this court went ahead and enjoined it for the WHOLE COUNTRY. Why? Here’s what the court said:
“Although this Court considered limiting the injunction to the fourteen Plaintiff States, there are unvaccinated healthcare workers in other states who also need protection. Therefore the scope of this injunction will be nationwide[.]”
Now, if you only watch CNN and corporate media, and their fatuous brain-dead “experts,” you probably think the Biden Mandates are just fine, perfectly legal, unremarkable and completely constitutional. But if you read Coffee & Covid, you’ve known since day one that they were deranged and grotesque mockeries of the Constitution. And the Louisiana court agreed:
“If the separation of powers meant anything to the Constitutional framers, it meant that the three necessary ingredients to deprive a person of liberty or property – the power to make rules, to enforce them, and to judge their violations – could never fall into the same hands. If the Executive branch is allowed to usurp the power of the Legislative branch to make laws, two of the three powers conferred by the Constitution would be in the same hands.”
Finally! We’ve been waiting for almost two years for a court to point out all this overreaching executive “emergency” authority is unconstitutional.
Next, it’s impossible to understate the significance of this point. Pay attention. Biden, Fauci, Walensky, and the faceless drones at the CDC and the FDA are all STILL SAYING that the Mandates make sense, because the injections are so very very safe and effective. But five separate federal courts have now resisted all that authority — including my case. This means that the “gold star” agencies have no more persuasive credibility, and are just wholly-owned political insects that have made themselves into a laughingstock. Whatever reputational integrity they once had is now dead, disinfected, like a virus in the sunshine. The CDC and the FDA are now “fools gold” agencies.
Thanks Joe Biden!
Not one of the five new federal opinions gives any weight at all to whatever Biden, Fauci, or Walensky are saying. Not mine, not the Fifth Circuit when it enjoined the OSHA Mandate, not the Missouri court when it enjoined the CMS Mandate, not the Kentucky court I’ll get to in a minute, and not the Louisiana court in this case. None of them. Trust the experts? What experts.
Like the Missouri court, the Louisiana court called CMS’s experts liars, in fancy judge language:
“The Plaintiff States also argue that CMS’s rationale is flagrantly pretextual. The Government Defendants say it is not pretextual, but it is obvious that the mandate was enacted as a result of President Biden’s September 9, 2021, declaration of his intention to impose a national CMS Mandate. Both the CMS and OSHA vaccine mandates were published on the same day, November 5, 2021. However, the 46-page CMS Mandate does not even mention President Biden’s declaration of a national vaccine mandate. The presence of pretext is enough to render a rule arbitrary and capricious.”
A “pretext” is defined as “a false, contrived, or assumed purpose or reason,” and “a cunning trick or dishonest act.” It’s no small thing for a court to accuse CMS of acting under a pretext. And, the court said the pretext was SO BAD it constituted a separate and stand-alone reason to invalidate the whole rule.
But it got worse for CMS. The judge went ahead and considered the agency’s excuses at face value, evaluated all of CMS’ experts’ arguments about how great injection mandates are, and still found that they ALL came up empty:
“Although CMS spent pages and pages attempting to explain the need for mandatory COVID-19 vaccines, when infection and hospitalizations rates are dropping, millions of people have already been infected, developing some form of natural immunity, and when people who have been fully vaccinated still become infected, mandatory vaccines as the only method of prevention make no sense.”
NO SENSE. None. “Senseless.” In other words, a ridiculous travesty. What Narrative?
But wait. It gets better. The court — finally! — asked the question we’ve all been asking:
“The CMS Mandate does not yet require boosters to the COVID-19 vaccines. However, the CDC recently recommended boosters. If boosters are needed six months after being ‘fully vaccinated,’ then how good are the COVID-19 vaccines, and why is it necessary to mandate them?”
This is the logical conundrum that I’ve been harping on for two months now. If the vaccines work, why boost them? If they DON’T work, why force people to take them?
And — in a remark that must have been extremely gratifying for the beleaguered good doctor — the court raised this fundamental question about the “efficacy” of the injections, citing Dr. Peter McCullough:
“Dr. McCullough further declared that because of the progressive mutation of the spike protein, the virus has achieved an immune escape from COVID-19 vaccines. He stated the Delta variant is not adequately covered by the vaccines. In other words, even if you are fully vaccinated, you still may become infected with the COVID-19 virus.”
Ruh-roh, Scooby. It’s out now! A federal court just grabbed the curtain in its teeth and pulled it back so we can all see the pathetic little public health expert working the machinery.
There’s more, but it just confirms and expands on the Missouri decision so I won’t repeat it all here.
The bottom line: all the fretful healthcare workers are resting a LOT easier today. In states that have banned mandates, like Florida, Montana, and Kansas (and maybe Texas), they are pretty much safe now. And even in the other states, healthcare workers now have a place to go. So competitive pressures should start working on hospitals in the mandate-happy states. Or HCWs can just move to Florida, like everybody else is doing. We need docs and nurses here too.
Don’t underestimate the competitive-pressure factor. The disgraceful, disgusting mega-healthcare-profit engine called Kaiser Permanente and its amoral directors were the original engineers of the national mandates EXPRESSLY because they worried their workers could just quit and go to other hospitals. Nobody should ever again touch Kaiser with a hundred-foot pole, not ever. It should be driven out of business, destroyed, and all records of its existence burned up. Its hospitals should be converted into ivermectin clinics.
And that’s a longer discussion, which I think I’ll have in an extended podcast-form discussion with some other attorneys about the effect of all these great new decisions. Stand by.
🔥 Also yesterday, a federal district court in Kentucky became the first court to enjoin the Biden Executive Order Mandate for federal contractors, albeit only in three states (for now). The court said the president can’t just order everybody to take injections:
“Can the president use congressionally delegated authority to manage the federal procurement of goods and services to impose vaccines on the employees of federal contractors and subcontractors? In all likelihood, the answer to that question is no.”
The feds argued that, hey, this mandate only applies to FUTURE contracts, so there’s no harm to anybody right now. So there shouldn’t be an injunction. But the court was having none of it:
“[I]f the government is already attempting to require contracts not officially covered by the vaccine mandate to still include such a mandate, it stands to reason that contractors who do not comply will likely be blacklisted from future contracting opportunities if they refuse to comply. This is particularly true given President Biden’s remarks on September 7: ‘If you want to work with the federal government, vaccinate your workforce.’”
The court considered whether the Biden Contractor Mandate had any legitimate relationship with federal contracting, and found that it did NOT:
“Defendants argue that the nexus between the vaccine mandate and economy and efficiency in federal contracting ‘is self-evident.’ [But] While the statute grants to the president great discretion, it strains credulity that Congress intended … a procurement statute to be the basis for promulgating a public health measure such as mandatory vaccination.”
More common sense. The court said look, if the president can do THIS under a procurement statute, he can do ANYTHING:
“If a vaccination mandate has a close enough nexus to economy and efficiency in federal procurement, then the statute could be used to enact virtually any measure at the president’s whim under the guise of economy and efficiency. “
Haha! It got better! The court then put fat-shaming on the table:
“Under the same logic employed by the Defendants regarding the vaccine mandate, what would stop FPASA from being used to permit federal agencies to refuse to contract with contractors and subcontractors who employ individuals over a certain BMI for the sake of economy and efficiency during the pandemic? After all, the CDC has declared that obesity worsens the outcomes from Covid-19.”
Take that, CDC fat shamers!
The irrationality of the mandate, and the president’s lack of authority are good. But the best part was when the court got to the constitutional issues. First, it identified the core principle, the separation of powers issue:
“Under the nondelegation doctrine, Congress may not delegate legislative power to the President to exercise an unfettered discretion to make whatever laws he thinks may be needed or advisable.”
Thank you! Even though he thinks he’s a dictator — if he thinks at all — Biden can’t just make up whatever deranged and demented laws he or Fauci can think of. That’s what we have a legislature for.
Another bit of great news in the decision is that — like the Missouri decision — this court ratified my reading of the Jacobson decision, a view the “experts” have completely ignored since the beginning of the pandemic. My view is that Jacobson says that vaccine mandates are left to state law, and the Louisiana court seems to agree:
“The Court is also concerned that the vaccine mandate intrudes on an area that is traditionally reserved to the States. … Generally, the regulation of health and safety matters is primarily and historically, a matter of local concern. … The Commerce Clause power may be expansive, but it does not grant Congress the power to regulate noneconomic inactivity traditionally within the States’ police power. In sum, the Mandate would far exceed current constitutional authority.”
Maybe you need to be a lawyer to get it, but the phrase “regulate noneconomic inactivity” is intentionally hilarious. The court (citing the Fifth Circuit) is saying the federal government is trying to make laws about things we aren’t even thinking of doing. Super LOL.
Ultimately the judge considered whether the injunction should be extended nationwide, but due to conservative principles developed during the Trump administration when Hawaii kept enjoining everything Trump did, it limited the order to the three plaintiff states, Kentucky, Ohio, and Tennessee.
Despite its limited application, the decision gives the other states a template and some new law to cite. Since the federal contractor mandate doesn’t kick in immediately, there’s time for the other states to get in gear, and contractors should now hold off on their mandates, since it looks likely that the EO will fall.
🔥 The always-reliable Alachua Chronicle broke a story yesterday headlined, “Federal judge to reconsider Florida’s legal challenge to prevent health care worker vaccine mandate.” After rejecting Florida’s request for an injunction of the CMS Mandate last Saturday, and after Florida noticed its appeal to the Eleventh Circuit, Northern District Judge Casey Rodgers issued an order saying she wants to “reconsider” her prior ruling. The Chronicle reported:
“In light of this law, sovereign interests are implicated, most notably a concern that the new state law creates a conflict that forces state-run agency and facility heads to make a decision by December 6 as to which law to follow, which could give rise to an irreparable sovereign injury,” Rodgers wrote in a short, six-page order. “Therefore, the court will hold a hearing on the matter in advance of December 6, out of an abundance of caution.”
I’m not too sure about this. The reconsideration order delays the state’s appeal to the Eleventh Circuit. The judge knows perfectly well that December 6 is one day after most hospitals planned to lay off heroic healthcare workers. But she didn’t grant a short temporary stay until the hearing, although she could have. Fortunately, the Louisiana court enjoined the mandate everywhere. If I were in charge of Florida’s litigation, I’d consider just dismissing the lawsuit today and focusing on the federal contractor case.
🔥 I have a variety of thoughts about these new decisions. First, I think they might be partly why Biden and Fauci backpedaled this week from trying to engineer a new Omicron panic. They must have known these decisions were coming down the pike. Their lawyers would have told them that things didn’t go well during the hearings. There’s more to it — I’ll get to that shortly — but this could have been an epic political setback, for sure.
In other words, Biden and Fauci can’t afford to be out there blabbering about how dangerous Omicron is and how everybody must be jabbed while multiple courts are saying the exact opposite. If it was just one court, they could dismiss it as an outlier. Just a rogue court. But the weight of all these decisions would completely squash them if they tried to start a new round of lockdowns and mandates.
Second, there are still a couple mandates still pending. The federal employee mandate is one, and the military mandate is the other. We still have work to do. But as you can clearly see, the cruise ship has turned around and is heading back to port. In Florida.
🔥 Just when you thought the news couldn’t possibly get any better, the Epoch Times reported that CNN suspended its disgraceful host Chris Cuomo “indefinitely” yesterday, following news earlier this week that he had tapped sources to help his brother, the similarly-disgraced mass-murdering former New York Governor Andrew Cuomo.
“The New York Attorney General’s office released transcripts and exhibits Monday that shed new light on Chris Cuomo’s involvement in his brother’s defense,” a CNN spokesperson said Tuesday evening. “These documents point to a greater level of involvement in his brother’s efforts than we previously knew. As a result, we have suspended Chris indefinitely, pending further evaluation.”
Buh-bye Chris! At least, for now. We won’t miss you.
🔥 This next story is the second reason I think Biden and Fauci may have backed off Omicron earlier this week. CBS News reported yesterday that “Omicron COVID variant was in Europe before South African scientists detected and flagged it to the world.”
Uh-oh. CBS reported that older European samples contain Omicron and pre-date the samples from South Africa:
“Dutch health authorities announced on Tuesday that they found the new Omicron variant of the coronavirus in cases dating back as long as 11 days, indicating that it was already spreading in western Europe before the first cases were identified in southern Africa. The RIVM health institute said it found Omicron in samples dating from November 19 and 23. Those findings predate the positive cases found among passengers who came from South Africa last Friday and were tested at Amsterdam’s Schiphol airport.
This is a big problem for the Biden Administration, which looks a whole lot like they jumped the gun declaring travel restrictions with African countries. It looks a lot more like REAL racism now. Biden just assumed the new variant came from Africa. Because all African variants look the same to him or something. Cue all the truly racist things Biden has said over the years, not least of which was “if you don’t vote for me, you ain’t black.”
Why’d he say “ain’t?” Oh, never mind.
So … once again, it only took about ten seconds for the facts to prove Biden and Fauci wrong. How much has the new travel ban cost so far? Dummies! Who’s going to pay for all this wreckage? Maybe somebody should grab the signing pen away from Biden and make sure Fauci’s not always standing behind him telling him what to do.
💉 As of yesterday, Michigan, Vermont, and New Hampshire are all at the highest levels of confirmed hospitalizations they’ve been at any point in the pandemic. New York is at the highest point they’ve been since April. And Newsweek — Newsweek! — ran an article last week headlined, “COVID Cases Are Surging in the Five Most Vaccinated States.” All five of them. Safe and effective!
But down here in Florida, we’re at the LOWEST levels. We’re ‘blue.’
📊 *COVID IN FLORIDA AND ALACHUA COUNTY* 📊
There’s a new weekly report out today, but since I’m long, I’ll wait till tomorrow to break it down for you. In summary, we look great. All the important metrics ticked down again — even though last year at this time Florida was creeping up toward the winter Covid season. Stay tuned!
God Bless all of you on this fine first day of December. Come back with your coffee cup tomorrow for more. See you then!
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