And now, as I pointed out, it is time for anyone coerced -- whether you caved or not -- to press your offense.
This action makes clear the last argument Biden's Administration had was false -- and means they will lose.
The Senate voted Wednesday to repeal a President Biden-backed federal *****-19 ******* mandate for private businesses.
The final vote was 52-48. Moderate Democratic Sens. Joe Manchin of West Virginia and Jon Tester of Montana joined Republicans to vote in favor of the repeal.
Yes, the bill will die in the House. Pelosi will never bring it to the floor on a voluntary basis and certainly not on an expedited one with there being no effective forcing mechanism in the House; she knows damn well the majority of Americans do not support mandated vaccination and she's already screwed in the midterms. This bill, irrespective of the vote outcome, would turn that into a slaughter and for no purpose, since Biden will veto it anyway if it gets to his desk. While its theoretically possible to force action with a discharge petition that's unlikely.
But for those who argue that this means its a "worthless gesture" by the Senate you're wrong. If you're an employer or legal department and argue this you're going to wind up asset-stripped to your underwear.
The Executive has no authority to enact such any such mandate on its own. It has to rely on, and has argued in court multiple times that it was delegated this authority by Congress. That's the entire foundation on which such a mandate rests -- that the enabling law for OSHA permitted this and was explicitly authorized and contemplated, that the FARs governing contracts with the government again explicitly permitted this action as a result of Congressional delegation of said authority and that CMS, likewise, can do it under the Medicare and Medicaid enabling legislation.
That argument just got a cement boot tied to it and tossed into 3,200 feet of water.
The Senate action makes clear that the Senate did not concur then, long before this threat was on anyone's radar and even in the throes of the current pandemic the Senate would not concur to delegate said authority to the Executive.
In other words if these laws were on the table today to be passed, complete with this explicit or implicit authority they would not pass the Senate and thus would not become law!
The courts will not ignore this. Indeed their rulings thus far have all turned on exactly this point -- where is the authority within the Executive, and from what did it derive?
This action means the courts don't even get to the Constitutional question of bodily autonomy; they are now going to rule on the very-clear fact that the Senate has formally, in a recorded vote, disavowed Executive authority to implement any of these mandates.
That's the beginning and end of it -- and now, with that in the bag and in the record of the Senate those employers who have in any way relied on the statements of the government or crafted their concepts based upon same are cooked.
Oh sure, there will be those who vehemently want to protest their "wokeness" in this regard but now they have to face the fact that their alleged "justification" has been destroyed and the legal protection it might have afforded them -- whether their punitive acts were surcharging employee health insurance or outright firing people -- has disappeared in a puff of smoke.
The landsharks will be feasting on businesses and the "woke" among them.
It's time to go on offense folks. You were dealt the nuts hand by the Senate.
Do not let them off cheaply.
If you were bullied by your employer under the false pretense that the "mandates" from Biden's administration were "required" and "lawful", and your employer either went along with it voluntarily or actually led and lied, it is clear that they're going to go up in smoke.
The CMS/Health Care Worker mandate has been stopped, the OSHA mandate was enjoined and Biden's attempt to move that to a more-friendly court in DC and get the injunction lifted was responded to by the Judges with a middle finger. Now the Federal Contractor Mandate has been enjoined as well.
That's all of the civilian mandates on employees.
All of them have been enjoined.
Three losses, no wins.
If you're an employee who was either coerced into taking the jab or threatened with, or actually fired for refusing you should now contemplate going on offense, now and forevermore, against said employer.
You were lied to by your boss who instead of standing up for you and joining said suits tried to sit with Biden and argue for that which has been ruled, with a very high degree of certainty, to be unlawful.
I'm a former CEO. I understand these things. I would have never done what these goons did in the medical and other industry areas. No way, no how. There was never justification for it it in law, equity, or common sense. It was, from the start as I see it from the CEO's side of the table, intentional, abusive and malicious.
Well, such actions tend to draw lawsuits. They did. And now the record is what it is: What was done has an EXTREMELY high probability of being ruled ILLEGAL in the fullness of time.
You don't get injunctions unless there is a very high probability of winning in the fullness of time.
That means it is time for enforcement from your side of the table as an employee.
It is time for lawsuits.
It is time for retribution.
It is time to do the minimum necessary work until and unless that retribution is handed to you and the account settled in your favor by said employer.
If you were fired, you're owed all your back pay plus all of any financial penalties you suffered plus immediate reinstatement plus no more bull****. At all. Period.
If you were threatened with being fired an apology and reasonable compensation for the intentional emotional distress you were put under is owed you.
If your employer doesn't want to provide that then why would you give them anywhere near 100% ever again?
If you're being or have been harassed with "requirements" that apply only to you as an "unvaccinated" person, that's targeted workplace harassment and is illegal under existing law. Sue.
Surcharged on your corporate health insurance because you have a religious objection to the jab? That's religious discrimination and its illegal. Sue.
Further, why would you not go find a new employer who will stop the crap and not impose such on you?
When you're winning big, and you are, it is not the time to back off or be nice. It is time to make damn sure they're destroyed for what they've done. It is time to make sure you TWIST the knife. And make no mistake -- you are winning. Bigly.
FORCE THEM TO SUE FOR PEACE AND MAKE THE PRICE OF PEACE HURT -- A LOT.
It's what they did to you and, just like they said when they were doing it: "It's just business."
Well, it's just business the other way too -- and now it should go all the way up their ass after which you break it off.
Folks, before you dismiss this out of hand as "evil", "rude" or just the bleating of a random ******* on the Internet who made his money in the 1990s and got out before he had to place the "next bet" that could have made him a billionaire -- or a zero -- consider this:
Every single one of the crashes and jobs offshored happened because the people of this nation have forgotten that without an "or else" there is nothing beyond the Law of the Jungle.
San Francisco is having 100% discounts taken on and around Black Friday because there's no penalty for doing it. Chicago has turned into a ****hole for the same reason; now walking down the street in Chinatown is a valid reason to get shot several times, and River North and Lakeview are warzones. I used to live in Lakeview and while it was plenty "odd" it was not unsafe. Now it is, specifically because the government won't lock up the jackasses and you won't make them either do it or force the jackwads to pay personally.
2008 happened because you didn't make them pay after 2000.
This go-around happened because you didn't make them pay in 2008.
What makes you think there aren't *******s on this planet? What inhibits an ******* from his behavior other than the risk that if he or she screws someone said ******* will pay a price higher than the benefit they get times the risk of getting caught?
If you want this crap to stop in our society -- and not just in relationship to ***** -- then since the government will not apply a punishment greater than the benefit from the jackass action times the risk of being busted it comes down to you imposing that cost on said ******* personally.
Until and unless you do it this crap will not stop and indeed, since its profitable to do it your refusal to act and force the retribution to take place means it will accelerate because they make money by doing it, even if it means stacking up bodies like cordwood.
How many examples do you need before you decide you've had enough?