Karl Denninger nails this issue today.
The question arises—suppose the SCOTUS were to reverse the Fifth Circuit’s stay on the Zhou regime’s experimental injection mandate? Would the Fifth Circuit feel obliged to rule in favor of the mandate?
I suspect not. The tone of the Fifth Circuit’s opinion upholding the stay was extremely hostile to the mandate, which they clearly viewed as having no reasonable basis—aside from the issue of whether OSHA even has the authority to enforce such a mandate. This is what I’ve been hoping to see: Courts willing to address the substantive issues of reasonability with regard to the entire Covid regime, and this is an excellent place to start. The tone of the Fifth Circuit opinion suggests that their attitude is something along these lines: We can’t control what the SCOTUS may or may not do, but we can stand on principle in our own names, and that’s what we intend to do.
As I said, KD nails this one. Moreover, the data that he cites—powerful as it is—is only scratching the surface of what scientific groups will be able to bring forward against the mandate. Here’s the beginning of KD’s post today, and I urge you to follow the link for the rest. This issue is fundamental for the defense of our freedoms:
The CDC used to keep a table around that showed their estimated prevalence of Covid-19. That stopped being updated for months -- right through the middle of the "mandate screamfest" which started in the summer.
Well, it's back -- and it ruins Biden's mandate demands.
It gets worse. Note that the 5th Circuit stated that one of the primary problems with the OSHA mandate is that Covid-19 is not deadly to all but a few people. Well, in this same publication is the infection fatality rate for population segments. It's not good for the mandating folks.
It shows that for working age people -- those under 65 years old -- in no group does the IFR exceed 0.25%.
In those under 50 the IFR is no greater than 0.04%!
And in those under 18 it is 0.0009%. In other words, statistically zero.
There are about 60 million people under 18 in the United States. If every one of them got Covid-19, by the CDC's numbers, about 500 would die. This is a vanishingly small number of individuals and is dwarfed by auto accidents. Indeed six times that number of kids die from drowning every year. Car crashes are worse (drowning is the second leading cause of death in children.)
Just one example—but one which could be extremely powerful at a trial—is the relative risk for young people from the experimental injections as compared to the risk from Covid-the-disease. Most numbers show that, not only is the risk from the experimental injections far greater for young people when compared to the risks in an ordinary unvaxxed life, that risk is also far greater than the risk these injections purport to defend against.
This and much more would go to demonstrating that the mandate is ridiculously and unreasonably overbroad—i.e., not tailored to meet any legitimate purpose. In fact, it flies in the face of data that the government itself collected.
The tone of the Fifth Circuit opinion shows that the judges are fully aware of these dynamics already. Which is one of the “many reasons” they cited as likely to lead to the mandate’s demise. In their court, anyway.
If only it applied to the Military as well. We are going to lose so many pilots and Navy Seals, soldiers alike who won't get the shot. They are under their own court system. The ones who have applied for religious exemption received a formed letter not excusing them (that alone is illegal as each one is to have an individual response reply) and many do need a medical exemption. This is not counting the ones who just don't want it. There are thousands. Are we ready to lose that many military people? My son-in-law has been in the Marines for 18 years and instructs pilots on how to fly F-35's. He may be discharged without any pension or benefits. We just pray for an honorable discharge and not the Brig or dishonorable discharge. 18 years of his family (4 children) serving this country and this is how we treat them? Not to mention how much taxpayers have paid for his training? I believe his helmet alone is a half-million dollar. The children change communities every three years! I'm disgusted by the way the Military is being treated and where it's going with progressive BS.
The Fifth Circuit picked a good hill to defend, not die on.