5th Circuit Unanimously Upholds Stay Against Biden’s Unconstitutional Mandates

by | Nov 14, 2021 |

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V IS FOR VICTORY! Cheers For The Honorable Engelhardt, Jones & Duncan.

“The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions-even, or perhaps particularly, when those decisions frustrate government officials.” – Page 20, Case No. 21-60845, The Honorable Kurt D. Engelhardt.

One of my favorite movies of all time is True Grit. In the movie heroine, Mattie Ross, has an enlightening conversation with her observant captor, Lucky Ned Pepper, as she attempts to talk him into a peaceful surrender. Mattie tells her captor that if he lets her go, she’ll instruct her attorney to defend him in court. To which Lucky Ned replies, “I don’t need a good lawyer. I need a good judge.”

Truer words have never been spoken, and yesterday we all found that good judge (plus two more) in a major victory for health freedom, individual liberty, and our Constitution.

On November 12th, 2021, three justices for the 5th Circuit U.S. Court of Appeals voted unanimously to uphold the stay against Joseph Biden’s unprecedented and unconstitutional workplace mandates for the experimental inoculations still in clinical trials. 

In doing so, and particularly well-reasoned in the court’s thoroughly cited opinion, the Honorable Kurt D. Engelhardt dealt a major and potentially fatal blow to the would-be leader of the free world and his thin patience for Americans who believe we have a right to decline and not be threatened with job loss or social segregation for a Fauci-made virus with a 99.6% recovery rate in people under 65 years of age according to the CDC. 

The nerve of us disinformationists to believe in freedom of choice! 

I know I speak for the roughly dozen disinformationists out there when I say, it breaks our hearts to know that our decision to be free and decline human experimentation wears on Joseph Biden’s patience. Poor, poor Joe. Hopefully, he sees a nutritionist for that; I hear Vitamin D might be helpful. 

Word to the wise Joe, when you love your country, you don’t threaten her citizens and you don’t break the law to make her citizens do what you want us to do against our free will. Apparently, the three justices are aware of some of the safety data for these experimental inoculations and their involvement in well over 18,000 deaths, more than 5,700 deaths in less than 48 hours, and at least 875,000 reported injuries according to the CDC.

Apparently, they understand the law and common sense as well.

Here are select quotes from the opinion entered by the Honorable Kurt D. Engelhardt, an American who proves that there are still good people in positions of authority in our great nation:

“The Mandate is staggeringly overbroad. Applying to 2 out of 3 private-sector employees in America, in workplaces as diverse as the country itself, the Mandate fails to consider what is perhaps the most salient fact of all: the ongoing threat of COVID-19 is more dangerous to some employees than to other employees. All else equal, a 28 year-old trucker spending the bulk of his workday in the solitude of his cab is simply less vulnerable to COVID-19 than a 62 year-old prison janitor. Likewise, a naturally immune unvaccinated worker is presumably at less risk than an unvaccinated worker who has never had the virus. The list goes on, but one constant remains – the Mandate fails almost completely to address, or even respond to, much of this reality and common sense. – Page 13

A good judge that understands natural immunity, situational context, and relies on common sense…what a novel concept. Way to go Judge Engelhardt!

“We begin by stating the obvious. The Occupational Safety and Health Act,  which  created  OSHA, was  enacted  by  Congress  to assure  Americans “safe   and healthful working conditions and to preserve our human resources.” See 29 U.S.C. § 651 (statement of findings and declaration of purpose and policy). It was not-and likely could not be, under the Commerce Clause and nondelegation doctrine-intended to authorize a workplace safety administration in the deep recesses of the federal bureaucracy to make sweeping pronouncements on matters of public health affecting every member of society in the profoundest of ways. Cf. Ala. Ass’n of Realtors v. H.H.S., 141 S. Ct. 2485, 2488-90 (2021) (per curiam).

On the dubious assumption that the Mandate does pass constitutional muster-which, we need not decide today – it is nonetheless fatally flawed on its own terms. Indeed, the Mandate’s strained prescriptions combine to make it the rare government pronouncement that is both overinclusive (applying to employers and employees in virtually all industries and workplaces in America, with little attempt to account for the obvious differences between the risks facing, say, a security guard on a lonely night shift, and a meatpacker working shoulder to shoulder in a cramped warehouse) and underinclusive (purporting to save employees with 99 or more coworkers from a “grave danger” in the workplace, while making no attempt to shield employees with 98 or fewer coworkers from the very same threat). The Mandate’s stated impetus – a purported “emergency” that the entire globe has now endured for nearly two years, and which OSHA itself spent nearly two months responding to – is unavailing as well. And its promulgation grossly exceeds OSHA’s statutory authority. – Page 6

“But the Mandate at issue here is anything but a “delicate[] exercise[] “of this “extraordinary power.” Cf. Pub. Citizen, 702 F.2d at 1155. Quite the opposite, rather than a delicately handled scalpel, the Mandate is a one-size fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces (and workers) that have more than a little bearing on workers’ varying degrees of susceptibility to the supposedly “grave danger” the Mandate purports to address.” – Page 8

“Letter from Loren Sweatt, Principal Deputy Assistant Sec’y, OSHA, to Richard L. Trumka, President, AFL-CIO at 3 (May 29th, 2020) [hereinafter Sweatt Letter] (acknowledging as a general matter that it “would not be necessary for OSHA to issue an E.T.S. to protect workers from infectious diseases” because “OSHA lacks evidence to conclude that all infectious diseases to which employees may be exposed at a workplace constitute a ‘grave danger’ for which an E.T.S. is an appropriate remedy”). Because it is generally “arbitrary or capricious” to “depart from a prior policy sub silentio,” agencies must typically provide a “detailed explanation” for contradicting a prior policy, particularly when the “prior policy has engendered serious reliance interests.” F.C.C. v. Fox, 556 U.S. at 515. OSHA’s reversal here strains credulity, as does its pretextual basis. Such shortcomings are all hallmarks of unlawful agency actions.” – Page 13

Such shortcomings are hallmarks of unlawful agency actions, as noted by the Honorable Kurt D. Engelhardt. Essentially, Joseph Biden attempted to use an emergency provision called an Emergency Temporary Standard (E.T.S.) to transform OSHA into the new Gestapo (Secret State Police). The E.T.S. is something OSHA has attempted to use only 10 times in the last 50 years. Six were challenged in court, and only one survived judicial review, and never in an attempt to mandate so-called vaccines.

Essentially, the Biden Administration had no Constitutional authority to mandate this human experiment upon the American people, so his administration attempted to break the law and outsource it to OHSA and employers to do so. Our government breaking the law sound familiar?

If so, that’s because people within the C.D.C., F.D.A., H.H.S., NVSS, NIAID, OSHA, and far too many elected and appointed officials have been unlawful in their actions from the very beginning when they declared without evidence, that the origins of the SARS-COV-2 virus were zoonotic. The deception only grew into clear fraud when the C.D.C. changed how death certificates were recorded, but only for COVID and without informing the Federal Register of this proposed change as they are required to do by the Administrative Procedures Act (A.P.A.), Paperwork Reduction Act (P.R.A.), and Information Quality Act (I.Q.A.).

Here’s what the Honorable Kurt D. Engelhardt had to say about the Federal Register.

“The statute empowering OSHA allows OSHA to bypass typical notice-and-comment proceedings for six months by providing “for an emergency temporary standard to take immediate effect upon publication in the Federal Register” if it “determines (A) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards, and (B) that such emergency standard is necessary to protect employees from such danger.” 29 U.S.C. § 655(c)(l).” – Page 8

Why is this so important?

It’s important because even in an emergency situation, federal agencies are required to report any changes, particularly for data collection and analysis, to the Federal Register in order to initiate federal oversight and agency transparency, even if they attempt to bypass public comment using emergency provisions to do so.

Why is this important?

It’s important because neither the C.D.C., F.D.A., nor H.H.S. filed the March 24th, 2020 COVID Alert No. 2 or the April 14th, 2020 adoption of the CSTE position paper with the Federal Register, and we have over 67 pages of screenshots to prove it. Essentially, people within all three of these agencies colluded to defraud the American people by unilaterally enacting rule changes, without federal oversight or public comment, in violation of at least 3 major federal laws.

These facts are the subject of our ongoing Grand Jury Petition currently being reviewed by the Department of Justice. You can educate yourself and join the more than 100,000 Americans that have signed the Grand Jury Petition and help us apply peaceful pressure to ensure that justice is served to those that deserve it.

Sign Grand Jury Petition

Let’s conclude with a few remaining quotes from the Honorable Kurt D. Engelhardt’s post-ruling opinion. Judge Engelhardt did such a thorough job of citing law and case precedents to substantiate this ruling and pave the way for the Supreme Court to uphold the ruling as well.

It lastly bears noting that the Mandate raises serious constitutional concerns

…the Mandate likely exceeds the federal government’s authority under the Commerce Clause because it regulates noneconomic inactivity that falls squarely within the States’ police power. A person’s choice to remain unvaccinated and forgo regular testing is noneconomic inactivity… 

…concerns over separation of powers principles cast doubt over the Mandate’s assertion of virtually unlimited power to control individual conduct under the guise of a workplace regulation. As Judge Duncan points out, the major questions doctrine confirms that the Mandate exceeds the bounds of OSHA’s statutory authority

It is clear that a denial of the petitioners’ proposed stay would do them irreparable harm. For one, the Mandate threatens to substantially burden the liberty interests 21 of reluctant individual recipients put to a choice between their job(s) and their jab(s). For the individual petitioners, the loss of constitutional freedoms “for even minimal periods of time … unquestionably constitutes irreparable injury.” Elrod v. Burns, 427 U.S. 347, 373 (1976) (“The loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”).” – Pages 16-19

Read The Entire Judicial Opinion Here

Thank you, Judge Engelhardt; we the disinformationists agree, the loss of constitutional freedoms, such as freedom of speech, for even minimal periods of time unquestionably constitutes irreparable injury.

Like Luck Ned Pepper so eloquently stated, we needed a good judge, and it looks like we got what we deserve.

Dr. Henry Ealy

Dr. Henry Ealy (Dr. H) is the Founder of, & Executive Community Director for, the Energetic Health Institute. He holds a Doctorate in Naturopathic Medicine from SCNM, a Bachelor of Science in Mechanical Engineering from UCLA, is Board Certified in Holistic Nutrition by the NANP and a proud Jackie Robinson Scholarship Alumnus. He has over 20 years of teaching & clinical experience helping people care for their amazing body by unlocking the healing potential of Natural Medicines.

Dr. H hosts a weekly nationwide program, Energetic Health Radio, and is a regular writer on the America Out Loud network detailing the latest empirical evidence and research regarding the COVID crisis. You can listen to and read his volunteer effort on his America Out Loud team page.

He is the lead author for the COVID Research Team that has published 5 manuscripts including the peer-reviewed and highly acclaimed COVID-19 Data Collection, Comorbidity & Federal Law: A Historical Retrospective and the 444 page peer-reviewed position statement on willful misconduct COVID-19: Restoring Public Trust During A Public Health Crisis. His team's work has been covered by Dr. Mercola, Green Med Info, USA Today, Stand for Health Freedom, the Organic Consumer's Association and many highly respected news outlets. His team is the first to submit Formal Grand Jury Petitions exposing the rampant acts of alleged willful misconduct and call for a Congressional Investigation into the CDC’s violations of multiple federal laws.

As an Ordained Minister for all denominations, Dr. H has been additionally certified as a Yoga Teacher, Clinical Massage Therapist, Human Anatomy & Physiology Teacher, as well as American Kenpo Teacher.

Having taught at the university graduate and undergraduate levels, he has a strong background in and deep passion for Data Verification & Analysis, Teaching & Personal Development, Curricula Design, American History, Herbalism, Traditional Chinese Medicine, Yoga & Ayurvedic Medicine, Meditation, Clinical Massage Therapy, Lab Testing & Assessment, The Basic Human Sciences, Environmental Medicine, Climate Science, Holistic Nutrition & Naturopathic Medicine.

Dr. Ealy is the author of Energetic Health – Interesting Insights Into Advanced Natural Medicine and also holds educational copyrights on over 200 published works regarding Natural Medicine, Vaccine Education, Medical Cannabis, Cellular Cleansing & Detoxification, Release Point Therapy Clinical Massage & Holistic Nutrition.

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