On Tuesday’s Mark Levin Show, people deprived of a religious exemption for vaccinations can sue their employers. The federal government has no authority to issue any such mandate, only states have that type of police power. Professor Ken Terry writes on the legality of vaccination mandates, noting that they have quarantine powers but no precedent to force inoculations. Conversely the U.S Supreme Court has underscored an individual’s right to bodily autonomy on several occasions. Then, Levinites and the citizenry alike have a better understanding of utopianism and Marxism in part because of this program and its associated writings. The key to fighting this ideological war is to understand the enemy’s plan and that’s exactly what this program exposes. Later, Democrats attack consumers as if the industrial revolution never happened. It’s because they hate capitalism and blame all ills on it. Afterward, Terry McAuliffe is virtually running against Donald Trump in his race for governor of Virginia. McAuliffe was even called out by the media for failing to respond to Republican candidate Glenn Youngkin and rather just pays lip service to former President Trump.
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Why Employee COVID Vaccination Mandates May Not Be Legal
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Current constitutional issues related to vaccine mandates
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Ron DeSantis Addresses Supply Chain Crisis: Florida’s Ports Are Open
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Rough transcript of Hour 1
Hour 1 Segment 1
All right. You know, one of the things that’s done a lot on TV and radio is complaining and whining. And, of course, talking. So I got the thinking. With respect to the to the vaccinations. What can people do about it if they have a religious objection? Or if they’ve already been subjected to the virus and have natural immunity. What can be done apart from drama? Apart from threats. Apart from destroying people’s lives. And I want to start off by saying this. You can sue the hell out of your employer. You can sue the hell out of your employer depending on your circumstances and the circumstances at that company. First of all, I tried to find a situation where the federal government. Has ever passed a law. Mandating the use of vaccinations. I didn’t find a single one. I didn’t find a single one. Because that’s a state police power. A state police power, regardless of people arguing, well, you know, the virus is across state lines, that’s fine. Do you know why Joe Biden hasn’t yet issued? A mandate. Has turned to OSHA. It’s because he doesn’t have the authority to issue a national mandate. There is no statutory authority whatsoever. It’s never been done. They still have not issued his executive order based on. OSHA regulations because it wouldn’t pass muster. That’s number one. Federal government. Has no statutory authority. None. To issue a national mandate. So that’s number one. Number two. There’s an excellent piece that was written by. A professor by the name I’m looking can Terry. About the Kaiser Family Foundation and what they they learned the legality of vaccination mandates. The Kaiser Family Foundation, or KfW report address the broader question of whether covid-19 vaccine, the vaccination mandates are legal. Which entities can required people to be vaccinated? The federal government’s authority to mandate vaccinations of any kind is limited. The Public Health Service Act authorizes the secretary of Health and Human Services to adopt quarantine and isolation measures to stop the spread of disease among states, but doesn’t even mention vaccine mandates. General vaccine man, excuse me, are generally within the purview of state and local governments with the federal government playing a supporting role. The U.S. Supreme Court upheld a state vaccine mandate over a century ago, the Jacobsson case, 1985, but that’s based on the state’s police power. And that case, a local law we talked about this a month ago, required all adults to be vaccinated against smallpox during an outbreak. All states today require vaccinations for school attendance. The Supreme Court has endorsed those laws, but those are state laws. Some states also require adults to be vaccinated, but these laws are very limited, the report said current state vaccination laws for adults are focused on health care workers and patients in health care facilities rather than the general population. And these state mandates generally require that the health care workers be offered certain vaccines and some required documentation of employee vaccination status. But the report didn’t say that any states require these workers to be vaccinated. This is why so many people are upset. What’s being done today has never been done in American history. Has never been done. In American history. Now, I want to pull up some other points here. That I think are very important. I looked at some other reports, professors who are sort of experts in this area. Scott Bond boy is a. Editor in chief of the National Constitution Center. He points out several federal laws allow for vaccine exemptions for employees based on religious beliefs. That would be Title seven of the Civil Rights Act of 1964 and the disability status under Title one of the Americans with Disabilities Act and the Equal Employment Opportunity Commission confirm these exemptions in May of 2021. Federal laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for covid-19 so long as employers comply with the reasonable accommodation provisions of the ADA and Title seven of the Civil Rights Act of 64 and other EEO considerations, the commission said in a statement. Southern pleura has a blanket. Vaccination requirement. And doesn’t consider. Or just makes the the appearance of considering, but not substantively consider legitimate medical and religious grounds. For challenging the employers mandate the employer has violated. EEO law, EEOC directives. As well as potentially the Civil Rights Act of 1964, or depending on the the issue, the Americans with Disabilities Act, if it’s a medical issue. So there’s that. What else? I told you about the guidance. From the EOC. I told you, that’s being done by. Organizations today has never been done before. But what I also want you to know is. A number of states have created laws protecting religious rights beyond the First Amendment, Florida and Texas, for example, allow parents to opt their children out of school vaccinations, citing deeply held religious beliefs or philosophical opposition. 21 states have religious freedom laws prohibiting even minimal interference with residents right to practice their faith in states. With these laws, legislatures may need to amend the statute to avoid challenges and allow for universal vaccination mandates for adults. In other words, the key is to look at the state law requirements. So you have two courses here. Two courses here, No one. The Federal Equal Employment Opportunity Commission. And the use of the Civil Rights Act of 1964 and the Americans with Disabilities Act, again, depending on what your situation is. That’s number one and number two under state law. Depending on what state. You live it now, interestingly enough. In order and the Supreme Court, in order to nationalize issues with respect to abortion and other cultural issues and so forth, the Supreme Court has issued decision after decision after decision. Even since that 1995 Jacobsson decision. In a modern era in the last half century. Explicitly underscoring. The right of individuals. To their own bodies. To their own bodies. And prohibiting state or even federal laws that interfere with. Like the use of contraceptives in 1965. Roe versus Wade, the first trimester and multiple other decisions. Where the court has been explicit. About the right of individuals. To protect their own bodies and to do what they wish. With their own bodies, so there is a rather significant. List of cases where the Supreme Court has made their position. A matter of federal law, Griswold versus Connecticut, 1965. You’re allowed to buy and use contraceptives. Loving versus Virginia, 1967, you can marry anyone regardless of race. Roe versus Wade, you’re free to abort a baby in the first trimester. You may not be subjected to experimental drugs or therapies without your consent, even if you’re in the military, United States versus Stanley, 1987. You’re allowed to refuse medical treatment, including interventions that may save your life, Cruzan versus director, Missouri Department of Health, 1990. You’re allowed to have sexual relations with people of the same sex Lawrence vs. Texas, 2003. You’re allowed to marry them. Oprah, Cofell versus Hodges, 2015. The general. Phrase, my body, my choice. That’s not in any of the decisions, but that. Certainly would lead to that kind of a conclusion. Now, there’s one other area you need to look at. I’m not saying this is a slam dunk, but I’m not saying but the companies are doing to their employees is a slam dunk either. That the way to confront this? Is to sue them. And if there are many of you. To pull your resources together and sue them together as plaintiffs. Moreover, the federal government. Has in many ways undermined the position it has taken as well as the. National Institutes of Health, the infectious disease office that Foushee runs and so forth, how they undermine their argument. We’ll have to take a break when I come back, I’ll explain. I’ll be right back.
Hour 1 Segment 2
Those of you who have medical and religious arguments and providing you. With a legal road, with a legal road, here’s the other half of the equation, you’re supposed to be provided with reasonable accommodations. If you have natural immunity and antibodies. A reasonable accommodation is you have no vaccination requirement you can point to. Multiple studies out of Israel and elsewhere that make it abundantly clear natural immunity is better, stronger. Than any of the vaccines. A reasonable accommodation is undergoing covid testing from time to time. Another reasonable accommodation is people who can work from home, can work from home. Another reasonable accommodation is. If you have a real religious objection that can’t just be ignored and blown off. Under federal law, the Civil Rights Act of 1964 or EEOC guidance. But here’s the problem also. The federal government is allowing illegal aliens into this country at a rate this country has never seen before. By the end of this year, millions. While they’re talking about the pandemic and mandates. For vaccinations. Well, if illegal aliens are not going to be tested and are not going to receive vaccinations and we know a significant percentage of them aren’t vaccinated because they’re coming from hell holes all over the world. You definitely have an equal protection argument. And it undermines the seriousness of the mandates. It undermines the seriousness of the mandate. There’s no vaccine requirement. In the private sector, which hires illegal aliens or the government sector, which allows. Illegal aliens to cross over the border for vaccinations for foreigners who are here illegally, so that undermines the entire mandate argument. And of course, there’s no federal statutory authority. Whatsoever. For this kind of mandate. None, so companies that choose to do this on their own or businesses of any kind that choose to do this on their own. Have exposed themselves. To litigation. Colossians. Because every one of you. Has certain rights under federal and in many cases state law, no matter what they say on television, no matter what Fauci says, no matter what any CEO or board of directors says. No matter what any commissioner of any sporting league has to say to each of you, depending on your situation. Have certain federal and state rights, unalienable rights. And you can bring your case. In federal court, state court, too, but depending on the state, you may wish to bring it into federal court. What do you sue them for? Violating your civil rights. In the case of medical. Issues that had been rejected, he could also bring it under the Americans with Disabilities Act. Which has its own. Fines and penalties system. And of course, you can sue them. Over. For pecuniary damages, including emotional distress, it’s certainly for wages and any medical costs and so forth. So if there are a number of you in any business that have been treated this way, I would even argue cops, firefighters and so forth. So them pull your resources together and sue them.
Hour 1 Segment 3
The illegal immigration issue is a major factual issue that undermines the government’s position when it comes to these mandates, because in allowing illegal immigration, the federal government is not enforcing federal immigration law. And in many states, particularly the blue states, states like New York and California, New Jersey, Michigan, so forth, they are not cooperating with the federal government and ICE when it comes to 287. And assisting the federal government in allowing the federal government to know federal immigration authorities when individuals that they are holding under state criminal law. Are released. And so this whole issue of illegal immigration should really auger in favor of litigation by those who are challenging the mandates, including against businesses that hire illegal immigrants, as a matter of fact. But there are laws and there are issues and there is Supreme Court precedent. With respect to your own bodies and so forth, so when you hear people say things like. You don’t have a right to your liberty because of the of the greater necessity to protect everybody if you’ve already had this virus. Why are they even mentioning that to you since your immune? Since you have the antibodies, if you’re willing to have covert testing once or twice a week, why are they saying that to you? You’re willing to be tested? And in this country, despite the secular. Corporatists, secular politicians and secularists generally. Religion is a big deal. It’s protected under our Constitution, in the First Amendment, it’s protected by federal and state statutes. And so if you have a legitimate religious claim, no H.R. department can just overlook that and say, well, we’re not granting it to you, they don’t have that kind of authority. Ladies and gentlemen, your religious liberty is a constitutional liberty. The head of HRR at the direction of a CEO or. Our senior vice president or some flunky doesn’t have the power. Doesn’t have the power to neutralize the Constitution. They don’t have the power to ignore the 1964 Civil Rights Act. They don’t have the power. To ignore an accommodation, a reasonable accommodation. Individuals need to be treated as individuals. So what I’m trying to say is if a company has a. A policy. That says either you’re vaccinated or you’re fired. I would argue that violates, in many cases state laws, but I would argue it violates. The First Amendment, it violates the 1964 Civil Rights Act. And it may well violate. The conditions of your employment. And you ought to challenge it. Again, I know challenges are expensive, you can pull your resources. And this goes for cities to. The way they’re treating cops. And this goes for certain states to. You need a smart lawyer. Who’s prepared to litigate, it’s prepared to. To duke it out. Who represents several, if not a whole bunch of you in a particular class? And a particular company, you should call around and find out who in your company has been let go and. What issue they raised. You should call around and find out who in your police department has been let go and what issues were raised and what issues were ignored. Now, I don’t know ultimately how the United States Supreme Court will rule. But I do know. That what you’re seeing taking place today. Really, it’s never happened in American history, what I’m saying is we’ve never had a president who’s put the pressure on private companies, who doesn’t have the statutory authority to issue a federal a national mandate. That’s why he hasn’t done it. But you can see the same corporations, for the most part, that have pushed critical race theory that have embraced black lives matter. Embrace the gender ism agenda. That have embraced the no growth climate change agenda, even though it seems counterintuitive, that’s what they do. Are typically the same businesses and large corporations. That are dropping the hammer. After dropping the hammer. I’m just explaining to what’s available to you. I can’t predict the outcome. But I’m just explaining to what’s available to you. And. It’s not a surrender proposition. It simply is not. You’ll see some professors and self-identified legal experts saying it’s a slam dunk, it is not a slam dunk, it doesn’t matter what district courts rule either. They’re the first day, not the final say. That the first day, not the final say. I hope this helps clarify a few things it should. Let’s go to John, Los Angeles, California, Sirius Satellite. John, how are you, sir? I’m doing OK, but I when I heard your what you were talking about today, and I listen to you every day, but I we had just been talking about with our attorney and we have actually 15 employees work maintenance operations in about 12 of them are laid off right now or they’re off. They’re actually self terminated because they didn’t get the vaccination by the 15th. And who do you work for? We work for the Los Angeles Unified School District, which is which is acting as a as the VACC police for the president, you know, and for the governor here. And they’re the ones who are putting down the hammer. You know, they’re using all they’re going to consult with an attorney. Yes, we already have and is consulting with another firm that does federal cases, but, all right, you want to take what you ought to at least take. The first part of my program and share with the attorney. Yes, we are. And for anybody who cares. It’ll be a Mark Levin Show Dotcom, the mothership Web site, under daily recap. It’ll be up there within an hour of this show going off the air. And all he has to do is link to it and listen to it. Yeah, I’ll make sure of that and when we’re headed in that direction, because we just believe we’re strong arm and under tremendous duress, people have 25, 30 years, 28 years in and they’re like two years from pensions, one year from pension. And they were they were just strongarmed. You know, they didn’t want to take the vaccine vaccinations and some didn’t. They lost their positions. But I think everybody, even if you got back to not you have you have standing. And I think that has to do with the Supreme Court. And if nobody if we’re willing to do it, stand together and there’s enough of us, we can do it. I agree with you. All right, John, thank you for your call. Again, I’m not sure the outcome. But the idea that you don’t have a case is ridiculous. No unvaccinated. I intend to get the booster, this change booster when I can. That’s not the issue. I’ll do what I want to do. The issue is there’s certain injustices taking place here, certain injustices taking place. And of course, you have the whole science out there that talks about herd immunity to. But if I’m vaccinated and I’m taking the booster, I thought the government told me. That I’m I’m in pretty damn good shape. See, this is also part of the problem, the government talks out of both sides of its mouth and the factual predicate can be made again by a decent litigation attorney and on the one hand are mandating or trying to these businesses based on information we’re getting from the federal government, the use of vaccines and booster’s. And so what’s the problem? The people who are vaccinated. Right, you’re supposed to be protected now, nobody no population’s going to be 100 percent protected, but maybe 98 percent protected. That’s the best you can expect. That’s a tremendous result, maybe 95 percent protected. That’s a good thing to. There’s no 100 percent perfection, not in anything or any way, certainly not a medicine or science. Not with a. Not with a virus that’s really still relatively new. Right, it’s still a relatively new virus as the vaccines are quite new. For example, let’s say you’re pregnant. And you’re concerned about this vaccine because there’s some data that suggests you might have a miscarriage. If a business is forcing you to decide. Whether or not to take a chance with the vaccine and you may lose your baby. That’s certainly not a reasonable accommodation. You can be tested every week. It can be tested twice a week. You don’t need to be vaccinated. That’s quite clear. I hear Whoopi Goldberg is blaming unvaccinated people for the death of Colin Powell because she’s a clown, the buffoon. But Whoopi Goldberg won’t complain about illegal aliens coming into this country by the hundreds of thousands and by the end of the year over two million. Who have not been vaccinated, that she won’t complain about because politically she really can’t go there socially, she really can’t go there culturally, she really can’t go there. She just another the fraud. Just another fraught. But there are many potential accommodations, reasonable accommodations any business can provide to an individual. Many and the testing is the key one look. A year, year and a half ago, what did everybody say testing was the answer. Testing we need testing. We tested. You can go into almost any drugstore today. And by a testing kit, by Abbott, by Abbott Laboratories. It’s like 20 bucks for two tests. And, you know, in 15 seconds, excuse me, 15 minutes. If you have the virus, have you ever seen this, Mr. Bertucci? You’re not seeing this. Mr. Bruce, are you there? Have you seen this you can go in the CVS or Walgreens or another, they have the test right there. All you do is you use a swab. And in 15 minutes, you know. The testing, the testing, the testing well under the prior president. Look at the testing we have now, it’s phenomenal, it’s almost immediate. So how can a business just start firing people, saying, I’m sorry, your religious accommodation doesn’t cut it, I’m sorry, your medical accommodation doesn’t get it, I’m sorry you may have had the virus, but we don’t we don’t consider natural immunity scientifically reasonable, which, of course, it’s it’s a fact. How can they say that now when you have these 15 minute tests? Everyone Foushee and everybody said testing is the answer. The more we test, the more we know, the more we know, the better we can do. So there’s really no reason for most of this. As a rational matter. That’s why I keep speaking out about it, I just decided let me dig into the law tonight. Let’s do something productive. I’ll be right back.
Hour 1 Segment 4
With Jen Psaki at the White House briefing today, cutin go the whole point of a vaccine mandate is to make people safer. But a vaccine mandate also means tons of police and military. They walk off the job. Then at the end of the day, does a vaccine mandate make people safe? Well, we’re tons of police and military walking off the job. Well, the concern is that hundreds of thousands of U.S. service members remain unvaccinated, which is leading to questions about possible military readiness. The L.A. County sheriff says that five to 10 percent of their workforce could walk off the job. And so considering the fact I mean, is there any concern about that? Well, I would say what we point to or what I would point you to is evidenced with a range of companies, organizations. Frankly, the Department of Defense can also give you the up to date statistics on members of the military. I believe it’s over 90 percent, but I would point them to Texas. But there are other problems in the world than covid-19 international terror, gang violence, murder, a virus and drug dealing. And so what was that? What was that? What was the number one cause of death among police officers last year? Do you know covid-19? So that’s something that we’re working to address and police departments are working to address. If you look at Seattle as an example, which I know has been in some of the reporting, 92 percent of the police force is vaccinated, as are 93 percent of firefighters to the 99 percent. So what’s the problem? 93 percent. That’s effectively full vaccinations, and you have to assume at least a significant part of the other seven percent have had the virus. Or it can’t be vaccinated. Go ahead. Well, what I would have said, and it’s hard to do it, I would have said, OK, of that seven percent, how many have natural immunity and how many have medical issues? She has no idea. Go ahead, please have submitted vaccine verification or an exemption request to safety, though, all these other problems terror, murder, robberies, kidnappings. Is there any concern that if police forces shrink or if the size of the ready military force shrinks, that the United States for localities may not be equipped properly to deal with? More than 700,000 people have died of covid. Yeah, I guess, Masaaki. Which position are you taking today? That people with the vaccine are still vulnerable to the disease, so they need booster shot. Or they’re still vulnerable to various. What exactly is your position? That the vaccine is foolproof, that it’s not foolproof. What about herd immunity? He can’t talk about that anymore. Their position is nonsensical. And, of course, never is there a discussion about what about your individual liberty under these various federal and state statutes. They don’t care about that. That’s of no consequence whatsoever. I mean, it’s your body, your choice, apparently, except when it comes to this. And I as I said before, we’ve never seen anything like this before from the federal government. Or, for that matter, businesses. Putting down the iron fist. And trying to force people who cannot be vaccinated. Or for whom it would be dangerous, potentially pregnant women and moreover, individuals that have immunity. I think there’s some legal vulnerabilities there. Ladies and gentlemen, I really do, as well as religious objections. All right, I’ll be right back.