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Thread: The 9th Circuit Just Stripped mRNA Shots of Legal Liability Protection

  1. #1

    The 9th Circuit Just Stripped mRNA Shots of Legal Liability Protection

    The 9th Circuit Just Stripped mRNA Shots of Legal Liability Protection

    The 9th Circuit said it's not a vaccine if the claim isn't PREVENT THE SPREAD.

    COVID shots were claimed to "reduce symptoms" and prevent hospitalization… Those claims make it a TREATMENT. pic.twitter.com/HnDuIAwbV9— DR JANE RUBY (@RealDrJaneRuby) June 8, 2024

    https://x.com/RealDrJaneRuby/status/1799230901626569184

    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment



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  3. #2
    Not to worry, the Supreme Fraud will overturn it.

  4. #3
    Quote Originally Posted by unknown View Post
    Not to worry, the Supreme Fraud will overturn it.
    Trump's SCOTUS will absolutely not overturn it.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  5. #4
    Quote Originally Posted by Swordsmyth View Post
    Trump's SCOTUS will absolutely not overturn it.
    This never even would have happened under Trump's SCOTUS
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  6. #5
    Oh boy a screenshot with some underlines this definitely won't turn out to be taken out of context
    Quote Originally Posted by Swordsmyth View Post
    Pinochet is the model
    Quote Originally Posted by Swordsmyth View Post
    Liberty preserving authoritarianism.
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    Enforced internal open borders was one of the worst elements of the Constitution.

  7. #6
    Quote Originally Posted by TheTexan View Post
    This never even would have happened under Trump's SCOTUS
    As I recall, the immunity this is supposedly overturning was negotiated by the Trump Administration.

  8. #7
    Quote Originally Posted by acptulsa View Post
    As I recall, the immunity this is supposedly overturning was negotiated by the Trump Administration.
    Ya, for a vaccine, which this is not.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  9. #8
    Quote Originally Posted by dannno View Post
    Ya, for a vaccine, which this is not.
    Doesn't change the fact that this obviously would have happened under a Trump Administration because it did.



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  11. #9
    Quote Originally Posted by acptulsa View Post
    Doesn't change the fact that this obviously would have happened under a Trump Administration because it did.
    Yea but this would have never happened under the next Trump Administration
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  12. #10
    https://healthfreedomdefense.org/hug...ninth-circuit/

    Health Freedom Defense Fund (HFDF), California Educators for Medical Freedom, and individual plaintiffs have won their appeal in the Ninth Circuit on LAUSD’s Employee Covid Vaccination Mandate.

    Health Freedom Defense Fund et. al have won a significant victory in the Ninth Circuit, which reversed dismissal of their lawsuit challenging the Los Angeles Unified School District’s (“LAUSD”) mandatory vaccination policy for all employees.

    Reversing the decision of the Central District of California in Los Angeles, the Ninth Circuit majority held that, first, the case was not mooted by LAUSD’s rescission of the mandate after oral argument last September, 2023. The majority called out LAUSD’s gamesmanship for what it was – a bald-faced attempt at avoiding an adverse ruling by trying to create an issue of mootness.

    Unfortunately for LAUSD, they had already done this once in the trial court. Applying the voluntary cessation doctrine, the majority doubted LAUSD’s sincerity in rescinding the mandate immediately after an unfavorable oral argument in September of last year.

    On the merits, the majority ruled that the district court had misapplied the Supreme Court’s 1905 decision in Jacobson v. Massachusetts when it dismissed LAUSD’s lawsuit on grounds that the mandate was rationally related to a legitimate state interest. In Jacobson, the Supreme Court upheld the constitutionality of a smallpox vaccination mandate because it related to “preventing the spread” of smallpox.

    The majority, however, noted that HFDF had alleged in the lawsuit that the COVID jabs are not “traditional” vaccines because they do not prevent the spread of COVID-19 but only purport to mitigate COVID symptoms in the recipient. This, HFDF had alleged in its complaint, makes the COVID jab a medical treatment, not a vaccine.

    The court recognized that mitigating symptoms rather than preventing the spread of disease “distinguishes Jacobson, thus presenting a different government interest.” Based on this reasoning, the majority disapproved the trial court’s contention that, even if the jabs do not prevent the spread, “Jacobson still dictates that the vaccine mandate is subject to, and survives, the rational basis test.”

    The court held that “[t]his misapplies Jacobson,” which “did not involve a claim in which the compelled vaccine was ‘designed to reduce symptoms in the infected vaccine recipient rather than to prevent transmission and infection.”’ Jacobson does not, the majority concluded, extend to “forced medical treatment” for the benefit of the recipient.

    The court declined to give any deference to pronouncements by the CDC that the “COVID-19 vaccines are safe and effective.” As the court asked rhetorically, “safe and effective” for what? The majority pointed to HFDF’s allegation that CDC had changed the definition of “vaccine” in September 2021, striking the word “immunity” from that definition. The court also noted HFDF’s citations to CDC statements that the vaccines do not prevent transmission, and that natural immunity is superior to the vaccines.

    In a separate concurrence, Judge Collins wrote that the district court “further erred by failing to realize that [HFDF’s] allegations directly implicate a distinct and more recent line of Supreme Court authority” for the proposition that “a competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment[.]” Citing the Supreme Court’s decision in Washington v. Glucksberg, Judge Collins noted that the right to refuse unwanted medical treatment is “entirely consistent with this Nation’s history and constitutional traditions,” and that HFDF’s allegations in this case “are sufficient to invoke that fundamental right.”

    HFDF president, Leslie Manookian stated,

    “The Ninth Circuit ruling today demonstrates that the court saw through LAUSD’s monkey business, and in so doing, it made clear that American’s cherished rights to self determination, including the sacred right of bodily autonomy in matters of health, are not negotiable. This is a great triumph for the truth, decency, and what is right.”
    "Foreign aid is taking money from the poor people of a rich country, and giving it to the rich people of a poor country." - Ron Paul
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    "Debt is the drug, Wall St. Banksters are the dealers, and politicians are the addicts." - B4L
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    Proponent of real science.
    The views and opinions expressed here are solely my own, and do not represent this forum or any other entities or persons.

  13. #11
    If it is not a vaccine and it doesn't do what all those people that were trying to get American's to take it said it does, shouldn't all those people be liable?

    Oh I get it now, COVID was a disease of the unvaccinated. That is because no one was ever vaccinated.

  14. #12
    Quote Originally Posted by TheTexan View Post
    This never even would have happened under Trump's SCOTUS
    ???
    What are you talking about? this happened in the 9th circus, and Trump's SCOTUS has not changed under Biden, Biden replaced one leftist with another and the court is the same.
    Trump's SCOTUS will not overrule this absolutely correct ruling, whether you think they would have accepted the case if the 9th had ruled the other way or not.
    Last edited by Swordsmyth; 06-08-2024 at 10:27 PM.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  15. #13
    Quote Originally Posted by Swordsmyth View Post
    ???
    What are you talking about? this happened in the 9th circus...
    Throw in a few more question marks. I don't think you typed enough to truly demonstrate the depth of your confusion.

    Last edited by acptulsa; 06-09-2024 at 05:28 AM.

  16. #14
    Too bad none of the politicians who promoted these shots aren't going to be sued.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  17. #15
    Quote Originally Posted by acptulsa View Post
    Throw in a few more question marks. I don't think you typed enough to truly demonstrate the depth of your confusion.

    I see you are ignorant of the nickname of the most overturned circuit court in the nation.
    When even the 9th gets this right there is no way SCOTUS as improved by Trump's picks will get it wrong if it goes to them.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  18. #16
    Quote Originally Posted by Swordsmyth View Post
    I see you are ignorant of the nickname of the most overturned circuit court in the nation.
    Guess so. I don't listen to the MSM-Right to stay up on the dog whistles any more than I depend on the MSM-Left to tell me what to be angry about today.

    No wonder you're confused. For example, you seem unclear on just what administration it was that tried to grant Big Pharma this protection from liability for their own negligence and malfeasance. That's why they get you caught up in minutiae and try to make you feel like a club with your little inside jokes. Distracts you from your own hypocrisy and foolishness in depending on Trump to undo the damage Trump did in the first place.



    Last edited by acptulsa; 06-10-2024 at 04:37 AM.



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  20. #17
    Quote Originally Posted by Swordsmyth View Post
    I see you are ignorant of the nickname of the most overturned circuit court in the nation.
    When even the 9th gets this right there is no way SCOTUS as improved by Trump's picks will get it wrong if it goes to them.

    Let me get this straight.

    The 9th circuit repudiates Trump in a ruling, which you call the right ruling....Kudos to you for admitting that, by the way. That's uncharacteristic of you.

    And the 9th circuit is the most overruled court.

    But this time, the 9th circuit won't be overruled. Because they were right. And the SCOTUS that would overrule them if it did overrule them is Trump's SCOTUS, and because it's Trump's SCOTUS it won't overrule a ruling that repudiates Trump coming from the most overruled circuit court.

    Got it.
    There is nothing to fear from globalism, free trade and a single worldwide currency, but a globalism where free trade is competitively subsidized by each nation, a continuous trade war is dictated by the WTO, and the single currency is pure fiat, fear is justified. That type of globalism is destined to collapse into economic despair, inflationism and protectionism and managed by resurgent militant nationalism.
    Ron Paul
    Congressional Record (March 13, 2001)

  21. #18
    Quote Originally Posted by GlennwaldSnowdenAssanged View Post
    If it is not a vaccine and it doesn't do what all those people that were trying to get American's to take it said it does, shouldn't all those people be liable?

    Oh I get it now, COVID was a disease of the unvaccinated. That is because no one was ever vaccinated.
    I would surmise once it was common knowledge it did not prevent spread yes everyone still peddling something known not to work is liable, no logical reason not.
    Last edited by oyarde; 06-11-2024 at 07:13 AM.
    Do something Danke

  22. #19
    Quote Originally Posted by Anti Globalist View Post
    Too bad none of the politicians who promoted these shots aren't going to be sued.
    Im more concerned about trained medical professionals who peddled it after knowing it didnt work
    Do something Danke

  23. #20
    Since reward was so limited even if existed people most at risk of vast side effects would have recourse for ill effects from info not given .
    Last edited by oyarde; 06-11-2024 at 07:13 AM.
    Do something Danke

  24. #21
    Quote Originally Posted by Swordsmyth View Post
    The 9th Circuit Just Stripped mRNA Shots of Legal Liability Protection

    The 9th Circuit said it's not a vaccine if the claim isn't PREVENT THE SPREAD.

    COVID shots were claimed to "reduce symptoms" and prevent hospitalization… Those claims make it a TREATMENT. pic.twitter.com/HnDuIAwbV9— DR JANE RUBY (@RealDrJaneRuby) June 8, 2024

    https://x.com/RealDrJaneRuby/status/1799230901626569184

    Yeah! I'll take the win!
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  25. #22
    Quote Originally Posted by dannno View Post
    Ya, for a vaccine, which this is not.
    And....immunity for vaccine manufacturers is okay?
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
    The road to hell is paved with good intentions. No need to make it a superhighway.
    Quote Originally Posted by osan View Post
    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

  26. #23
    Quote Originally Posted by jmdrake View Post
    And....immunity for vaccine manufacturers is okay?
    Good question.

    In a libertarian society, if I sell peanuts and somebody is allergic to peanuts and they buy my peanuts and consume them, can they sue me?

    In a libertarian society, if I sell almond butter and somebody is allergic to peanuts and they buy my almond butter, but in fact it is peanut butter in disguise, can they sue me?

    I'm not a big fan of litigation unless there is some type of fraud - OR - if the government mandates you get a certain treatment to access government programs that you have paid for (which, isn't very libertarian to begin with..)
    Last edited by dannno; 06-10-2024 at 06:56 PM.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  27. #24
    Quote Originally Posted by dannno View Post
    In a libertarian society, if I sell almond butter and somebody is allergic to peanuts and they buy my almond butter, but in fact it is peanut butter in disguise, can they sue me?
    Of course. Otherwise why have any government at all? This is the obvious alternative to regulation.

    I'm surprised you ask.



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  29. #25
    Quote Originally Posted by acptulsa View Post
    Of course. Otherwise why have any government at all? This is the obvious alternative to regulation.

    I'm surprised you ask.
    I answered my own question in the next sentence.. yes you can sue for fraud. Yes, people should be able to sue the vaccine manufacturers for fraud in this case since it was false advertising, and in any case where the government requires kids get vaccines to go to school.

    However, I don't think people should generally be able to sue because they had a bad reaction to something they chose to take.
    "He's talkin' to his gut like it's a person!!" -me
    "dumpster diving isn't professional." - angelatc
    "You don't need a medical degree to spot obvious bullshit, that's actually a separate skill." -Scott Adams
    "When you are divided, and angry, and controlled, you target those 'different' from you, not those responsible [controllers]" -Q

    "Each of us must choose which course of action we should take: education, conventional political action, or even peaceful civil disobedience to bring about necessary changes. But let it not be said that we did nothing." - Ron Paul

    "Paul said "the wave of the future" is a coalition of anti-authoritarian progressive Democrats and libertarian Republicans in Congress opposed to domestic surveillance, opposed to starting new wars and in favor of ending the so-called War on Drugs."

  30. #26
    According to the FDA website during all this, for an experimental vaccine to be released, there can be no viable alternatives. Which explains why they lied about hydroxychloroquine and ivermectin. Because if they had not been smeared, they never would have been able to release the experimental vaccines.

    I can’t attest to the validity of this, but I remember reading that Birx said in her book that she intentionally misled/lied to Trump many times in order to get her desired outcome.

    Rand seems to have Fauci dead to rights on his funding the creation of the virus and lying about it. Then he went on to lie about hydroxychloroquine, ivermectin and the experimental vaccines and covered up how many people were dying from them.

    Our government silenced anyone who didn’t agree with what they were doing and the Twitter Files are evidence of that.

    If we let them get away with this, they are going to do it again and probably even worse.
    ================
    Open Borders: A Libertarian Reappraisal or why only dumbasses and cultural marxists are for it.

    Cultural Marxism: The Corruption of America

    The Property Basis of Rights

  31. #27
    Quote Originally Posted by dannno View Post
    Ya, for a vaccine, which this is not.
    Not the old definition for a vaccine, but they actually changed the definition of a vaccine during this thing. It was amazing what you saw by following the FDA website closely.
    ================
    Open Borders: A Libertarian Reappraisal or why only dumbasses and cultural marxists are for it.

    Cultural Marxism: The Corruption of America

    The Property Basis of Rights

  32. #28
    Quote Originally Posted by Invisible Man View Post
    Let me get this straight.

    The 9th circuit repudiates Trump in a ruling, which you call the right ruling....Kudos to you for admitting that, by the way. That's uncharacteristic of you.

    And the 9th circuit is the most overruled court.

    But this time, the 9th circuit won't be overruled. Because they were right. And the SCOTUS that would overrule them if it did overrule them is Trump's SCOTUS, and because it's Trump's SCOTUS it won't overrule a ruling that repudiates Trump coming from the most overruled circuit court.

    Got it.
    It wasn't a Trump ruling.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

  33. #29
    Quote Originally Posted by Swordsmyth View Post
    It wasn't a Trump ruling.
    Of course not. Trump isn't a judge.

    It was still the Trump Administration which granted Big Pharma said immunity from liability, or rather tried to and failed. Just because you used a verb he didn't use doesn't make him wrong about that.

  34. #30
    Quote Originally Posted by acptulsa View Post
    Of course not. Trump isn't a judge.

    It was still the Trump Administration which granted Big Pharma said immunity from liability, or rather tried to and failed. Just because you used a verb he didn't use doesn't make him wrong about that.
    Trump isn't a doctor or a scientist either.
    He had nothing to do with calling it a vaccine.
    The deepstate called it a vaccine and lied to him.

    The point is that there is no connection between Trump and his judges and calling it a vaccine and no basis to claim Trump's SCOTUS will overturn this ruling when even the 9th circus gets it right.
    Never attempt to teach a pig to sing; it wastes your time and annoys the pig.

    Robert Heinlein

    Give a man an inch and right away he thinks he's a ruler

    Groucho Marx

    I love mankind…it’s people I can’t stand.

    Linus, from the Peanuts comic

    You cannot have liberty without morality and morality without faith

    Alexis de Torqueville

    Those who fail to learn from the past are condemned to repeat it.
    Those who learn from the past are condemned to watch everybody else repeat it

    A Zero Hedge comment

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