A primer on the new Florida exemption forms; an unintentionally hilarious AP story; a new study might change the entire game; Fauci makes some damning admissions; protests break out in Europe; more...
Thanks Jeff. I'm in Vermont. Disappointed in our Gov., for sure. Thinking about moving to Florida.....We do actually have some "Republican" lawmakers here in Vermont....somewhere.
My sister has informed me that my 12 year old niece had a seizure last week -- never had one before, unknown causes, perfectly healthy and athletic girl. Was it the vaccine? Of course not! That's impossible. My other niece, 19, is sick after getting her booster -- totally "rare" side effect. She's sitting around the house in a mask. Uh-huh. And my sister's diabetes got out of control. Nothing to see here!
Boy is Florida government ever doing a great job! I sure hope DeSantis is reading your blog and will take your advice about getting ahead of the annual respiratory virus season. I've got my horse dewormer at the ready! BTW, has Florida pass a law stopping entities from preventing the off-label use of drugs?
I hope DeSantis is reading this too! And I agree, what can we do to put pressure and open up off-label drug usage, especially without needing to give your I.D.?
Great round up. I wish there were an option for men of child-fathering age who want to become dads, but the religious exemption works and has longevity
If you guys can manage to get ivermectin or similar out to the general populace ... wow. That would be EPIC as my son would say! Florida saves the USA! It's a terrific idea, and hopefully someone in the Governor's office has their eye on your substacks, Jeff ;)
I’m in California but moving to florida looks better everyday …. And I lived in florida for one year of HS and vowed never to return… it seems like shangri-La!! Well compared to whacked out California at least!!! Thank you for giving the rest of us hope!
we're stuck in PA with a leftist governor and very leftist state supreme court. nothing can seemingly be done to counter them. we even passed a constitutional amendment last spring but the leftists just ignore it.
Yes I lived in Texas for 2 years as my boyfriend lives there but with all the Californians and New Yorkers moving you could see it changing … I will never understand how people flee this once beautiful state because of liberal policies and government control then continue to vote blue …. The location is not the issue lol
I know. It makes absolutely no sense at all. Those same people turn their new homes into a version of what they just left. Sick. Austin will ruin the great state of Texas before too long. Same thing happened in Colorado.
I know. It makes absolutely no sense at all. Those same people turn their new homes into a version of what they just left. Sick. Austin will ruin the great state of Texas before too long. Same thing happened in Colorado.
It sure did. I lived in Colorado from 1995-2002 and loved it; had planned to retire there. Now that retirement is close, my husband and I brought our investments to Florida instead. Not interested in living in yet another kommie libtoon state after spending most of my life in NJ.
Love all the opt-outs! Thank you Florida Legislature (well, the ones who actually stood for freedom) for handling this correctly and passing laws that protect people! Best move we ever made was to the Free State of Florida in July 2020! Glad we didn’t wait to see how things would play out in Oregon. They are still under the full force of tyranny of Gov brownstain and her minions. For anyone who doesn’t know... they are actively pursuing making it illegal to hunt and farm in Oregon! Not making this up. So heartbreaking.
Hey Jeff, just a note of encouragement to you personally. I live in California and you know all we are enduring under Prince Newsome. But reading your blog each day gives me hope for the future and the possibility of sanity spreading to other parts of the country. Thank you!
Diabolical Dr. Fauci -- that has to be his official title!! He makes "Dr. No" look angelic......
Howling up here in the northeast -- wondering what about the federal mandate which includes every contractor/ sub-contractor? How does the Post Office & Congress get out of this mandate and it doesn't set a legal precedent for other employees who don't work directly in a federal job???
"adipocerous", I don't even think that definition was in the GMAT test for grad school . I will make sure to try to cram that 1 in on a Thanksgiving conversation
I work for a federal contractor and have been advised that I must get vaccinated or have a company approved exemption on file by January 4, 2022. The accomodation request requires me to answer the following questions:
1. Please describe the nature of your sincerely held religious beliefs, practices or observances that conflict with the federally mandated COVID vaccine and are the basis for this exemption request.
2. Do you have any additional information regarding your beliefs, observances, or practices that support your request for a religious accommodation? For example, documentation or links to information.
While this seems to be in conflict with the recently passed Florida law, which provides a very short form with no requirement for explanation aside from quotng that law, is that law applicable to the Federal Contractor mandate? It seems that to date not one federal contactor or military member exemption has been approved.
A positive note: The federal district court here in Tampa has today required the military to report extensively on exemptions. The court views the total lack of religious exemption approvals to date as suspect.
Jeff! What if you work for a private employer and already lost your job due to their own, separate mandate? My gargantuan global consulting firm announced (the day before Biden did...hmmmm) its own draconian vaxx mandate--with NO testing option, even for remote workers--and its deadline has already passed. People have been fired. If they live and work in FL, have they any recourse?
Here’s the problem—there’s actually 3 “mandates”. Federal/Federal Contractor mandate,CMS, and OHSA. The OHSA mandate is stayed but the CMS and Fed mandate have not. The Fed mandate is created in Brandon’s EO, which unfortunately “preempts” State law. So my employer is in FL but is calling themselves contractors. Unless the courts jump in soon, the contractor mandate and CMS mandate will continue to be “the law of the land” (preempting state law through the Supremacy Clause in Article VI)
Here's the good news: Jeff's Thanksgiving post explained this all very well. Here it is again so you don't have to go looking for it...check it out.
"For Florida employees, there’s been a lot of talk about some employers who are saying they will defy the new laws, citing federal pre-emption by CMS or the Biden executive order (the OSHA mandate is currently stayed). They are wrong. I’m going to explain why, and please feel free to share this with any attorneys in Florida thinking about how to push back against these irrational employers.
I’d like to tip my hat to attorney Nick Whitney, who did the legal research on this for a case we’re working on.
To begin with, you need to understand there are two basic types of pre-emption. Pre-emption is the rule that a federal law can supersede a conflicting state law. The two basic types are “express” and “implied” pre-emption. Express pre-emption means that the federal law says — explicitly — that it supersedes and replaces any state law on the same subject. None of the Biden mandates say this. That means any pre-emption of the new Florida laws would have to be “implied.”
Under implied pre-emption, there are also two types: field and conflict pre-emption. Field pre-emption means the entire subject area — the “field” — is reserved for federal law; only the federal government may create law in that “field.” Obviously this is not the government’s position. It probably wouldn’t be constitutional anyway, because public health has always traditionally been reserved to the states’ police powers.
The other type, conflict pre-emption, requires a finding that it is IMPOSSIBLE to comply with both federal and state law, or that the state law somehow materially interferes with federal goals. But the Supreme Court has said there is a presumption that state laws are NOT pre-empted unless it is clear that they are. So we have to start by presuming that the new state exemption laws are valid.
Since all three mandates already recognize exemptions — as they must, or they’d be invalid for that reason — it’s hard to say how the new Florida exemption laws interfere with the federal laws or make it impossible to comply with both. Any law firm that categorically says the new laws are pre-empted is wrong. The new laws are NOT pre-empted by the Biden mandates."
I’m not a lawyer by any means, but as I understand it IF the mandates remain in place you probably don’t have much in the way of recourse. At-will employment will be sited as reason. If they denied a religious accommodation, there you might have grounds but a court will have to decide that.
The trial prophylaxis idea must be tried by someone with the power to do it. It's very cheap and very safe. Effective is yet to be shown, but there is nothing to loose, one could even call it the Floridian project, and make it all sciencey with numbers and graphs and hypothesis, control arms (other states having same periodicity) etc.
FAUCI'S RACIST HISTORY OF MURDERING DOZENS OF BLACK CHILDREN IN FOSTER HOMES and IN SOUTH AFRICA -- James Corbett Interview excerpt -- The REAL Anthony Fauci with Robert F. Kennedy, Jr
Thanks Jeff. I'm in Vermont. Disappointed in our Gov., for sure. Thinking about moving to Florida.....We do actually have some "Republican" lawmakers here in Vermont....somewhere.
My sister has informed me that my 12 year old niece had a seizure last week -- never had one before, unknown causes, perfectly healthy and athletic girl. Was it the vaccine? Of course not! That's impossible. My other niece, 19, is sick after getting her booster -- totally "rare" side effect. She's sitting around the house in a mask. Uh-huh. And my sister's diabetes got out of control. Nothing to see here!
Ugh. Sorry to hear about all that.
Thanks, Jeff.
Boy is Florida government ever doing a great job! I sure hope DeSantis is reading your blog and will take your advice about getting ahead of the annual respiratory virus season. I've got my horse dewormer at the ready! BTW, has Florida pass a law stopping entities from preventing the off-label use of drugs?
I hope DeSantis is reading this too! And I agree, what can we do to put pressure and open up off-label drug usage, especially without needing to give your I.D.?
Great round up. I wish there were an option for men of child-fathering age who want to become dads, but the religious exemption works and has longevity
Hopefully having these different options gives opting out more ‘meat’, making it difficult to ever repeal them.
If you guys can manage to get ivermectin or similar out to the general populace ... wow. That would be EPIC as my son would say! Florida saves the USA! It's a terrific idea, and hopefully someone in the Governor's office has their eye on your substacks, Jeff ;)
I’m in California but moving to florida looks better everyday …. And I lived in florida for one year of HS and vowed never to return… it seems like shangri-La!! Well compared to whacked out California at least!!! Thank you for giving the rest of us hope!
we're stuck in PA with a leftist governor and very leftist state supreme court. nothing can seemingly be done to counter them. we even passed a constitutional amendment last spring but the leftists just ignore it.
I actually really like Abbott he is fighting an uphill battle right now but he has the gumption to get it done
I've heard that about Abbott too. I'm pulling for Lt. Col West!
Yes I lived in Texas for 2 years as my boyfriend lives there but with all the Californians and New Yorkers moving you could see it changing … I will never understand how people flee this once beautiful state because of liberal policies and government control then continue to vote blue …. The location is not the issue lol
I know. It makes absolutely no sense at all. Those same people turn their new homes into a version of what they just left. Sick. Austin will ruin the great state of Texas before too long. Same thing happened in Colorado.
I know. It makes absolutely no sense at all. Those same people turn their new homes into a version of what they just left. Sick. Austin will ruin the great state of Texas before too long. Same thing happened in Colorado.
It sure did. I lived in Colorado from 1995-2002 and loved it; had planned to retire there. Now that retirement is close, my husband and I brought our investments to Florida instead. Not interested in living in yet another kommie libtoon state after spending most of my life in NJ.
Let's hope SCOTUS does the right thing on that law! Could be this week!
Love all the opt-outs! Thank you Florida Legislature (well, the ones who actually stood for freedom) for handling this correctly and passing laws that protect people! Best move we ever made was to the Free State of Florida in July 2020! Glad we didn’t wait to see how things would play out in Oregon. They are still under the full force of tyranny of Gov brownstain and her minions. For anyone who doesn’t know... they are actively pursuing making it illegal to hunt and farm in Oregon! Not making this up. So heartbreaking.
Hey Jeff, just a note of encouragement to you personally. I live in California and you know all we are enduring under Prince Newsome. But reading your blog each day gives me hope for the future and the possibility of sanity spreading to other parts of the country. Thank you!
Australian here. Any chance of political asylum in Florida 😁
Diabolical Dr. Fauci -- that has to be his official title!! He makes "Dr. No" look angelic......
Howling up here in the northeast -- wondering what about the federal mandate which includes every contractor/ sub-contractor? How does the Post Office & Congress get out of this mandate and it doesn't set a legal precedent for other employees who don't work directly in a federal job???
"adipocerous", I don't even think that definition was in the GMAT test for grad school . I will make sure to try to cram that 1 in on a Thanksgiving conversation
I thought the same thing
Love your blog! I look forward to reading it each and every morning!
I work for a federal contractor and have been advised that I must get vaccinated or have a company approved exemption on file by January 4, 2022. The accomodation request requires me to answer the following questions:
1. Please describe the nature of your sincerely held religious beliefs, practices or observances that conflict with the federally mandated COVID vaccine and are the basis for this exemption request.
2. Do you have any additional information regarding your beliefs, observances, or practices that support your request for a religious accommodation? For example, documentation or links to information.
While this seems to be in conflict with the recently passed Florida law, which provides a very short form with no requirement for explanation aside from quotng that law, is that law applicable to the Federal Contractor mandate? It seems that to date not one federal contactor or military member exemption has been approved.
A positive note: The federal district court here in Tampa has today required the military to report extensively on exemptions. The court views the total lack of religious exemption approvals to date as suspect.
Jeff! What if you work for a private employer and already lost your job due to their own, separate mandate? My gargantuan global consulting firm announced (the day before Biden did...hmmmm) its own draconian vaxx mandate--with NO testing option, even for remote workers--and its deadline has already passed. People have been fired. If they live and work in FL, have they any recourse?
He often responds to the comments. I'm hoping he might be able to offer a quick piece of advice.
Here’s the problem—there’s actually 3 “mandates”. Federal/Federal Contractor mandate,CMS, and OHSA. The OHSA mandate is stayed but the CMS and Fed mandate have not. The Fed mandate is created in Brandon’s EO, which unfortunately “preempts” State law. So my employer is in FL but is calling themselves contractors. Unless the courts jump in soon, the contractor mandate and CMS mandate will continue to be “the law of the land” (preempting state law through the Supremacy Clause in Article VI)
Here's the good news: Jeff's Thanksgiving post explained this all very well. Here it is again so you don't have to go looking for it...check it out.
"For Florida employees, there’s been a lot of talk about some employers who are saying they will defy the new laws, citing federal pre-emption by CMS or the Biden executive order (the OSHA mandate is currently stayed). They are wrong. I’m going to explain why, and please feel free to share this with any attorneys in Florida thinking about how to push back against these irrational employers.
I’d like to tip my hat to attorney Nick Whitney, who did the legal research on this for a case we’re working on.
To begin with, you need to understand there are two basic types of pre-emption. Pre-emption is the rule that a federal law can supersede a conflicting state law. The two basic types are “express” and “implied” pre-emption. Express pre-emption means that the federal law says — explicitly — that it supersedes and replaces any state law on the same subject. None of the Biden mandates say this. That means any pre-emption of the new Florida laws would have to be “implied.”
Under implied pre-emption, there are also two types: field and conflict pre-emption. Field pre-emption means the entire subject area — the “field” — is reserved for federal law; only the federal government may create law in that “field.” Obviously this is not the government’s position. It probably wouldn’t be constitutional anyway, because public health has always traditionally been reserved to the states’ police powers.
The other type, conflict pre-emption, requires a finding that it is IMPOSSIBLE to comply with both federal and state law, or that the state law somehow materially interferes with federal goals. But the Supreme Court has said there is a presumption that state laws are NOT pre-empted unless it is clear that they are. So we have to start by presuming that the new state exemption laws are valid.
Since all three mandates already recognize exemptions — as they must, or they’d be invalid for that reason — it’s hard to say how the new Florida exemption laws interfere with the federal laws or make it impossible to comply with both. Any law firm that categorically says the new laws are pre-empted is wrong. The new laws are NOT pre-empted by the Biden mandates."
I don’t think the first big state lawsuit against the contractor mandate is heard until Dec 3 (FL I think). 10 state lawsuit on Dec 10.
I’m not a lawyer by any means, but as I understand it IF the mandates remain in place you probably don’t have much in the way of recourse. At-will employment will be sited as reason. If they denied a religious accommodation, there you might have grounds but a court will have to decide that.
Now, if contractor or CMS mandates are stayed or struck down, FL state law is now concrete law. So your Florida employer is VIOLATING law then
The trial prophylaxis idea must be tried by someone with the power to do it. It's very cheap and very safe. Effective is yet to be shown, but there is nothing to loose, one could even call it the Floridian project, and make it all sciencey with numbers and graphs and hypothesis, control arms (other states having same periodicity) etc.
Great read this morning. Grateful
To be living in Florida!! Thank you for all you do and to Gov DeSantis for continuing to be aN advocate for freedom.
FAUCI'S RACIST HISTORY OF MURDERING DOZENS OF BLACK CHILDREN IN FOSTER HOMES and IN SOUTH AFRICA -- James Corbett Interview excerpt -- The REAL Anthony Fauci with Robert F. Kennedy, Jr
https://odysee.com/@corbettreport:0/rfkjr-fauci720p:e?r=8cSGjqEoyncQGynLZgG9WAbC61LaBPpT&t=1945
me first