US Officials Demand Ban on Dr. Mercola’s Book
By Dr. Joseph Mercola | September 20, 2021
Since the publication of my book, “The Truth About COVID-19: Exposing The Great Reset, Lockdowns, Vaccine Passports, and the New Normal,” which became an instant best seller on Amazon.com, there’s been a significant increase in censorship and ruthless attacks.
Sadly, many of these attacks have been levied by the very people elected to safeguard democracy and our Constitutional rights. Most recently, U.S. Sen. Elizabeth Warren, D-Mass., sent a letter1 to Andy Jassy, chief executive officer of Amazon.com, demanding an “immediate review” of Amazon’s algorithms to weed out books peddling “COVID misinformation.”2,3,4
Warren specifically singled out “The Truth About COVID-19” as a prime example of “highly-ranked and favorably-tagged books based on falsehoods about COVID-19 vaccines and cures” that she wants to see banned from sale.
“Dr. Mercola has been described as ‘the most influential spreader of coronavirus misinformation online,” Warren writes,5 adding: “Not only was this book the top result when searching either ‘COVID-19’ or ‘vaccine’ in the categories of ‘All Departments’ and ‘Books’; it was tagged as a ‘Best Seller’ by Amazon and the ‘#1 Best Seller’ in the ‘Political Freedom’ category.
The book perpetuates dangerous conspiracies about COVID-19 and false and misleading information about vaccines. It asserts that vitamin C, vitamin D and quercetin … can prevent COVID-19 infection … And the book contends that vaccines cannot be trusted, when study after study has demonstrated the overwhelming effectiveness and safety of COVID-19 vaccines.
It should come as no surprise that the book is rife with misinformation. One of the authors, Dr. Mercola, is one of the ‘Disinformation Dozen,’ a group responsible for 65% of anti-vaccine content on Facebook and Twitter …”
Two days later, September 9, 2021, U.S. Rep. Adam Schiff, D-Calif., followed in Warren’s footsteps, sending letters6 to Facebook and Amazon, calling for more prolific censorship of vaccine information.7
Modern-Day Book Burning
Essentially, what Warren is calling for is modern-day book burning. “The Truth About COVID-19” exposes the hidden agenda behind the pandemic, showing the countermeasures have nothing to do with public health and everything to do with ushering in a new social and economic system based on totalitarian technocracy-led control. So, it’s not misinformation they fear. It’s the truth they want to prevent from spreading.
To make her case, Warren leans on a discredited report by the Center for Countering Digital Hate (CCDH). In that report, “The Disinformation Dozen,”8 the CCDH founder Imran Ahmed claims to have identified the top most influential “anti-vaxxers” in the U.S. The problem is Ahmed made that up.
CCDH ‘Manufactured Narrative Without Evidence’ Facebook Says
August 18, 2021 — nearly three weeks before Warren sent that letter to Amazon — Facebook actually called out the CCDH for having manufactured a faulty narrative without evidence against the 12 individuals targeted in its reports.9 Monika Bickert, vice president of Facebook content policy, set the record straight, stating:10
“In recent weeks, there has been a debate about whether the global problem of COVID-19 vaccine misinformation can be solved simply by removing 12 people from social media platforms. People who have advanced this narrative contend that these 12 people are responsible for 73% of online vaccine misinformation on Facebook. There isn’t any evidence to support this claim …
That said, any amount of COVID-19 vaccine misinformation that violates our policies is too much by our standards — and we have removed over three dozen Pages, groups and Facebook or Instagram accounts linked to these 12 people, including at least one linked to each of the 12 people, for violating our policies.
We have also imposed penalties on nearly two dozen additional Pages, groups or accounts linked to these 12 people, like moving their posts lower in News Feed so fewer people see them or not recommending them to others. We’ve applied penalties to some of their website domains as well so any posts including their website content are moved lower in News Feed.
The remaining accounts associated with these individuals are not posting content that breaks our rules, have only posted a small amount of violating content, which we’ve removed, or are simply inactive.
In fact, these 12 people are responsible for about just 0.05% of all views of vaccine-related content on Facebook. This includes all vaccine-related posts they’ve shared, whether true or false, as well as URLs associated with these people.
The report11 upon which the faulty narrative is based analyzed only a narrow set of 483 pieces of content over six weeks from only 30 groups, some of which are as small as 2,500 users. They are in no way representative of the hundreds of millions of posts that people have shared about COVID-19 vaccines in the past months on Facebook.
Further, there is no explanation for how the organization behind the report identified the content they describe as ‘anti-vax’ or how they chose the 30 groups they included in their analysis. There is no justification for their claim that their data constitute a ‘representative sample’ of the content shared across our apps.”
‘Disinfo Dozen’ Barely Register on the Social Media Radar
In its report, the CCDH claims 12 people, including me, are responsible for 65% of anti-vaccine content on social media. I’m not sure where Bickert got the 73% figure from. Either way, we’re not responsible for anywhere near either 65% or 73%.
According to Facebook’s own investigation, we account for a minuscule 0.05% of vaccine-related content — 1,460 times lower than the CCDH’s outrageous claim. Still, Warren and myriad other government officials are using the CCDH as some sort of ultimate authority.
U.S. Surgeon General Dr. Vivek Murthy, White House press secretary Jen Psaki and President Biden have all used the CCDH as the sole source for their wild assertions. Now, Warren wants to use the CCDH’s fraudulent report to ban the sale of certain books, and she does so even after Facebook itself has refuted the CCDH report as being baseless!
In an email, Kara Fredrick, a research fellow in technology policy at the Heritage Foundation, told Fox News that:12
“Warren’s push for more censorship is yet another example of the growing symbiosis between Big Tech and big government,” and is indicative of a “broader trend: That of the Biden Administration and other progressive officials attempting to circumvent the Constitution by pressuring private tech companies to restrict freedom of expression under a broad definition of misinformation.”
Fredrick further stressed that “A healthy body politic depends on the genuine interrogation of ideas,” and that “Big Tech companies’ eagerness to suppress specific points of view is already corroding our free society.”
Freedom Is Corroding Before Our Eyes
Indeed, in early August 2021, I decided to remove the entire article archive from my website — articles I’ve made available for free for the last 24 years — and only make new articles readable for 48 hours. I did this in an effort to appease the power players who have an arsenal of overwhelming tools at their disposal, and are actively using them against us.
Cyberwarfare and authoritarian forces are beyond our abilities to withstand, and these changes were deemed necessary to keep us moving forward, even if hobbled. Still, Warren is not satisfied. She wants me silenced entirely. She doesn’t even want people willing to pay for the information to have access to it.
Clearly, she’s panicked about something. Reading her letter, I see before me the giant Goliath, yelling and screaming for help, demanding an army of fighters because the pea-sized David with his makeshift slingshot is in the neighborhood.
What is she really afraid of? Why pick on a person whose social media reach is a fraction of 0.05%? Could it be because the ‘Disinfo Dozen’ are actually telling the truth, and the truth has a tendency to win against all odds?
Goal Posts Set in Shifting Quicksand
According to U.S. Centers for Disease Control and Prevention data, Biden met his 70% vaccination rate at the beginning of August 2021.13 For months, we were told that all would be well and good if only we would meet the goal of 70%.
Yet as soon as it was met, we were told 70% “should be seen as a floor, rather than a ceiling” and Biden went on the news saying his patience with the vaccine hesitant is “wearing thin.” Because a small minority — if we are to believe CDC data — refuses to take the shot despite myriad bribes, Biden is now calling on businesses with more than 100 employees to mandate the COVID shots or face fines.
It’s beyond irrational, and to many seems highly irrational, unjustified and unconstitutional. This is especially egregious as ALL illness and injury expenses will be paid by the patient, even though they were forced to take the injection as the companies have zero liability.
However, as noted by Dr. Peter Breggin in yesterday’s interview, these actions are completely logical once you realize we are at war, and there are evil people out there who are intentionally trying to hurt us under the banner of providing protection. It’s no different than being in an abusive relationship where the abuser says he or she is beating you and locking you in the basement “to make you a better person.”
The Web of Elite Extremists Behind the Censorship
I’ve written many articles over the years about attempts by various groups and organizations to smear my credibility and label this site as a fake news hub. In March 2021, it was The Bureau of Investigative Journalism (TBIJ) that accused me of spreading misinformation about vaccines and COVID-19.14
Not surprisingly, TBIJ is funded by Bill Gates,15,16 a leading force within the technocratic takeover movement who doles out money to anything and anyone that will help further the globalist agenda, including media.17
In November 2019, as if blessed with some particular foresight, the Bill & Melinda Gates Foundation gave TBIJ a $1,068,169 grant from its “Global Health and Development Public Awareness and Analysis” advocacy program.18
Other TBIJ sponsors include19 the Google News Initiative,20 George Soros’ Open Society Foundation and the Wellcome Trust.21 All of these — Gates, Google, Soros and Wellcome — are easily identified as parts of the technocratic globalist network that is reaping unprecedented financial rewards from the pandemic.
Whose Interests Does CCDH Protect and Promote?
While the financial supporters of the CCDH are far more opaque, it seems clear this group is yet another front for the technocratic power structure. It’s founded by a British national and unregistered foreign agent named Imran Ahmed, who is also a member of the Steering Committee on Countering Extremism Pilot Task Force under the British government’s Commission for Countering Extremism.
When you think about it, isn’t it rather curious that American government officials are targeting and violating the Constitutional rights of citizens based on the opinions of an unregistered foreign agent funded by dark money?22 As noted in a July 20, 2021, Drill Down article:23
“When a report goes viral in the news cycle, it only makes sense to question where it came from — especially if that report has influence all the way up to the Oval Office, affecting public health policy, while also having dangerous implications for free speech.
The Center for Countering Digital Hate … released a bombshell report earlier this week. It was picked up everywhere and had the following revelation: The majority of COVID misinformation came from just 12 people … But could this be a wily gambit by outside interests to justify the Biden administration’s censorship partner-up with Big Tech? …
According to its website, the left-wing Center for Countering Digital Hate prides itself on ‘researching, exposing, and then shutting down users and news sites it deems unacceptable in the digital sphere.’
Users and news sites it deems unacceptable? That seems potentially dangerous, considering we know very little about the CCDH. Senator Josh Hawley (R-MO) expressed his concerns on Twitter with the following post:
‘Who is funding this overseas dark money group — Big Tech? Billionaire activists? Foreign governments? We have no idea. Americans deserve to know what foreign interests are attempting to influence American democracy’ …
No one knows who funds them. No one knows who is driving their research. But their findings are being used in censorship efforts under the guise of controlling misinformation?”
Violating Bioethical Principles Puts Lives at Risk
The sad irony is that government officials are really the ones contributing to most of the unnecessary death and suffering by not adhering to bioethical principles that are enshrined in law. These laws exist for a good reason. They protect people from unnecessary harm and unwanted medical risks.
As an experimental trial participant, which is what everyone is at the moment who accepts a COVID shot, you have the right to receive full disclosure of any adverse event risks. Based on that disclosure, you then have the right to decide whether you want to participate.
Adverse event risk disclosure should be provided at the level of detail disclosed in any drug package insert. Not only do vaccinees not get any such disclosure documents, the censorship also prevents them from getting any balancing information regarding their risk-reward ratio, along with risk of death and permanent disability, from other sources, be it through Google searches, social media or mainstream news.
When given just one side of the story, informed consent simply isn’t possible, and as such, violates several different national and international laws, including the U.S. Code of Federal Regulations 45 CFR 46 (subpart A, the Belmont report),24 the International Covenant on Civil and Political Rights treaty,25 the Declaration of Helsinki26 and the Nuremberg Code.27 U.S. Supreme Court rulings have also clarified that Americans have the right to choose their own health care in general.28,29
As just one example of many, Marie Follmer, in an interview with Robert F. Kennedy Jr.,30 said no one ever warned her there was a risk of myocarditis. Her athletic son, Greyson, took the shot and is now unable to do much of anything and she fears he might die.
She admits not doing any of her own research, blindly trusting what she was told. Now, she distrusts the whole process, including doctors, as all have refused to acknowledge that there might be a link to the shot, and no one knows how to treat him.
Most importantly, the acceptance of an experimental product must be fully voluntary and uncoerced. Enticement is forbidden. It’s downright impossible to argue that incentives ranging from free junk food to million-dollar lotteries and threats of losing your job, refusal of an education, travel and shopping restrictions and more do not constitute coercion.
At the end of the day, if you decide you want to participate in a medical experiment, whatever it might be, that’s up to you. But everyone else also has that same right to choose.
Sen. Warren Threatens Amazon to Ban ‘The Truth About COVID-19’
Since the publication of my latest book, “The Truth About COVID-19” there’s been a significant increase in calls for censorship and ruthless attacks against me.
Most recently, so-called “progressive” U.S. Sen. Elizabeth Warren, D-Mass., in an outrageous, slanderous and basically unconstitutional attempt to suppress free speech, sent a letter to Amazon, demanding an “immediate review” of their algorithms to weed out books peddling “COVID misinformation.”
Warren specifically singled out “The Truth About COVID-19” as a prime example of “highly ranked and favorably tagged books based on falsehoods about COVID-19 vaccines and cures” that she wants to see banned from sale.
Two days later, U.S. Rep. Adam Schiff, D-Calif., followed in Warren’s footsteps, sending letters to Facebook and Amazon, calling for more prolific censorship of vaccine information. Even President Joe Biden has recently used a debunked report as his sole source to call for my censorship.
Sadly, these attacks are being levied by the very people elected to safeguard democracy and our Constitutional rights. Essentially, what they are calling for is modern-day book burning. This is a democracy, not a monarchy.
Sources and References
- 1, 5 Warren’s letter to Andy Jassy September 7, 2021
- 2 National Interest September 12, 2021
- 3 The Guardian September 13, 2021
- 4 New York Times September 8, 2021
- 6 Twitter Adam Schiff September 9, 2021
- 7 The Hill September 9, 2021
- 8, 11 CCDH, The Disinformation Dozen
- 9, 10 Facebook August 18, 2021
- 12 Fox News September 13, 2021
- 13 CNBC August 2, 2021
- 14 TBIJ February 28, 2021
- 15, 19 TBIJ Sponsors and Supporters
- 16, 18 Bill & Melinda Gates Foundation Grant to TBIJ November 2019
- 17 Columbia Journalism Review August 21, 2020
- 20 Thebureauinvestigates.com Bureau Fellowship
- 21 Wellcome Trust
- 22 The Federalist July 20, 2021
- 23 The Drill Down July 20, 2021
- 24 HHS.gov The Belmont Report
- 25 UN International Covenant on Civil and Political Rights
- 26 WMA Declaration of Helsinki
- 27 British Medical Journal December 7, 1996; 7070(313): 1448 (PDF)
- 28 Justia Rochin v. California
- 29 Justia Griswold v. Connecticut
- 30 Podbean The Defender, Child Casualty in Ohio
Ford ‘violating privacy law’ by storing driver’s private conversations and releasing them to cops and private company
New Class Action Lawsuit Filed
By Anna Bradley-Smith | Top Class Actions | September 15, 2021
Ford Motor Company uses its infotainment system to secretly download and store drivers’ private text conversations, and then turns them over to law enforcement and the private company Berla, a new class action lawsuit alleges.
The lawsuit was filed in Washington on Sept. 10 by lead plaintiffs Mark Jones and Michael McKee, who allege the company violated the Washington Privacy Act. The act, they say in the suit, forbids any entity in the state of Washington from intercepting or pre-recording any private communication without first obtaining consent of all the participants in the communication.
But Ford, they allege, has been doing so illegally through software and hardware made by Berla Corporation. Berla then supplies those conversations to law enforcement, military, civil and regulatory agencies, and select private industry organizations, the lawsuit alleges. Berla does not give private citizens any means to access or delete their own conversations.
“On information and belief, vehicle infotainment systems in Ford vehicles automatically download a copy of every text message stored on any phone connected to the system and store that copy in computer memory on the vehicle in such a manner that the vehicle owner cannot access it,” the lawsuit reads.
Jones owns a 2021 Ford vehicle with an infotainment system he has used repeatedly. He says in the claim that he has never consented to Ford downloading and storing his text messages, and similarly did not consent to third parties such as Berla or law enforcement having access to copies of such text messages made by his Ford vehicle’s infotainment system.
McKee sent messages to Jones and his messages have also been stored without his consent, the lawsuit states.
Ford also Accused of Violating Privacy by Recording Conversations and Illegally Downloading Phone Data in Rental Cars
The same issue is true even with rental cars, the lawsuit says, with Ben LeMere, the CEO and founder of Berla, telling reporters the company has seen a number of messages stored in rental cars that were requesting drugs and sex. LeMere told the reporteres that as soon as a phone is plugged into a USB power port, the hardware and software will “start sucking all your data down into the car.”
Jones argues Ford has violated their customer’s privacy and they are suing on behalf of all Washington Ford owners for violations of the Washington Privacy Act. He seeks certification of the Class, injunctive relief, declaratory relief, damages, legal fees and costs, and a jury trial.
Advice for Parents Concerned About the Vaccination of Their Healthy Children

By Michael Curzon | The Daily Sceptic | September 19, 2021
The Covid vaccine roll-out for healthy 12-15 year-olds is due to begin this week, but scientists remain concerned about the likely side effects. Some teachers tell me their schools still aren’t fully aware of the role they are supposed to play – “I can see it becoming a minefield”, said one teacher at a school in Yorkshire – and there seems to be some confusion among parents about the power they hold. Can they withhold their consent for the vaccination of their children or not?
Parents will be sent consent forms but only, it seems, as a formality since children who are deemed ‘competent’ (the assessment of which contains no set of defined questions) will be able to overrule the decisions of their parents anyway. This is of a piece with the Government’s decision to push ahead with its roll-out despite being told by the Joint Committee on Vaccination and Immunisation (JCVI) that “there is considerable uncertainty regarding the magnitude of the potential harms” of Covid vaccination in healthy teenagers and that – given the small risk Covid poses to healthy 12-15 year-olds – the “margin of benefit… is considered too small”.
The JCVI is “generous” in its assessment, according to an executive at a pharmaceutical company writing for the Daily Sceptic. (He, by the way, believes vaccines are among the “three greatest medical innovations”, so could hardly be labelled “anti-vax”!) Responding to the data, he says there is a “serious enough” risk of children developing myocarditis after vaccination (inflammation of the heart muscle, the long-term consequences of which aren’t fully understood) whereas the benefits of vaccination are “not well quantified” by the JCVI. The body also fails to properly consider the risk of other conditions following vaccination.
Professor Adam Finn sums up the situation by saying the vaccination of children would not – in normal times – have been approved because of the possible risks. He believes that parents are justified in waiting to allow their children to get ‘jabbed’ until these risks are better understood. But therein lies the problem. What – if anything – can parents do to delay the vaccination of their children?
I’ve been trying to find the answer to this question over the past week – and the prospects for concerned parents are fairly bleak.
It’s probably best to start by ruling out protesting, given that schools have been told to call the police if “anti-vaxxers” plan demonstrations outside their gates. (I’m not sure that seeing their parents being dragged away by the police will be great for children’s mental health, which the vaccine roll-out is supposed to protect, but that’s a matter for another article.) One also has to question whether protesting would be worth it even if there wasn’t the risk of arrest.
The main tool in the parent’s armoury seems to be the written – or, perhaps, the spoken – word. You can’t be arrested for telling your local headteacher (either in a letter or at a meeting) that you disagree with your child being vaccinated without your consent (though you might be removed from their Christmas card list). The Yorkshire teacher mentioned above tells me that he gets the impression his school will do all it can to wash its hands of responsibility on this matter, preferring to say that the important decisions (i.e., “who should be vaccinated at school”) will be made by health professionals who use the school site (School Age Immunisation Service (SAIS) officials), not by the school itself. The school would, in this case, be wrong. Lawyers For Liberty (LFL), a group of non-partisan lawyers, made this point quite clear in its recent letter to the heads of regulatory bodies concerned with the protection of children and safety in schools:
If schools are intended to be the ultimate setting for the child vaccination programme, then school leaders will be deemed to have approved the Vaccination against the JCVI Advice. This has a variety of potential legal ramifications for school staff. Certainly many are concerned that there may be a serious safeguarding concern that would not align with the legal duties of schools, as outlined in the Department for Education document “Keeping Children Safe in Education”.
In another letter that LFL has drafted for parents to send to schools (see more details here), heads are given notice of their (and their school’s) potential legal liability on the matter of Covid vaccination.
If a parent communicates to you that their child will not to be included in the vaccination programme or does not provide consent, then that decision must be respected, without any further consequences for the child, including direct or indirect discrimination or coercion. Failure to do so may result in possible legal claims against you personally and for your School.
(It is worth noting here that Government guidelines say if a child gets ill following vaccination and the SAIS team has left the school, the situation should be managed “according to existing policies for pupil sickness in school”. In other words, it will be the responsibility of the school.)
Given the likelihood that schools would sooner “wash their hands” of responsibility on this tricky and confusing matter than face an array of expensive legal challenges (schools could be “vicariously liable for any harm which may come to any child receiving the vaccination whilst in your care leading to financial sanctions between £180,000 to £20 million”, according to LFL), simply presenting (personally or through the LFL letter) the head of your child’s school with the above information could be enough to prevent your child from being vaccinated without your consent. Imagine raising a question about the school’s insurance policy coverage for vaccination on school sites in the case of side effects. Staff are likely to respect your wishes, but it goes without saying that responses will differ from one school to the next.
Perhaps concerned that their words won’t be enough to block the vaccination of their children, some parents have decided to go one step further and keep their children away from school to stop them from being peer-pressured to accept the vaccination, according to the Telegraph. If you do decide to do that, it’s worth bearing in mind that the SAIS providers will likely only set up in your local school for one to two days, depending on the number of students, and that parents will [allegedly] be notified of the specific date(s) beforehand.
ROBERT MALONE INTERVIEWED BY JIMMY DORE
anti_republocrat | September 15, 2021
Robert Malone, inventor of mRNA technology, is interviewed by Jimmy Dore. Malone is not “anti-vax,” but he is “pro-ethics” and believes that all medical procedures require truly informed consent, with absolutely no coercion. He shares the view of Geert Vanden Bossche, whom he mentions in the interview, that the vaccines help to generate the variants because they are non-sterilizing. He says they should be targeted toward those who are at highest risk from the virus, seniors and those with multiple co-morbidities. I personally disagree with that. I think they should be taken off the market altogether, but at least he is adamantly against mandates.
Israel soldiers break Palestinian physician’s arm

Israeli soldiers broke Nidal Arda’s arm following his detention. (Photo: via Social Media)
MEMO | September 17, 2021
Israeli soldiers assaulted a 46-year-old Palestinian physician from the town of Arraba southwest of Jenin following his detention last week and broke his arm.
According to the Wafa news agency, Nidal Arda found Israeli occupation forces in army jeeps surrounding his home after he returned from the mosque following dawn prayers.
“They were waiting at my house and apparently wanted to ambush me. The jeeps turned their lights on in my direction and then ordered me to come out of the car,” he said.
There were around 40 soldiers accompanied with dogs, he said, who had broken into and raided his house before he got there.
“The soldiers destroyed my house,” he explained. “They broke the doors and windows and ransacked the entire house. They terrorised my family and children, who were separated from their mother and put in another room.”
Nidal was interrogated about the Palestinian escapees from Israel’s Gilboa Prison as two members were from Arraba.
“They threatened me with my son and said they would not allow him to travel to finish his higher education abroad if I do not cooperate with them,” he said.
He was blindfolded and forced into a jeep with other members of the family and neighbourhood and taken away to a military base.
“We were blindfolded and handcuffed,” he said. “One soldier pushed me and I fell to the ground. My right arm hit something and I felt great pain. I knew it was broken since I am a doctor,” he added.
The soldiers then removed his handcuffs and only left him with sedatives to ease the pain, before taking him to a detention centre.
Due to the noticeable pain, he was taken to a nearby hospital where doctors confirmed he had a broken bone and placed it in a cast. He was then forced back to the detention centre and interrogated about the Palestinian escapees.
A military court ordered his release a week later, reported Wafa. The two Palestinians from Arraba who escaped from prison were caught by the Israeli army before his release.
Israel launched its largest-ever manhunt in the bid to recapture the six men, whose escape was a huge embarrassment for the occupation state.
Why the Biden COVID-19 Vaccine Mandate is Unconstitutional
Techno Fog | September 14, 2021
On September 9, President Biden announced he would circumvent the democratic process, ordering the Secretary of the Department of Labor to require employers with over 100 workers to “ensure their workforces are fully vaccinated or show a negative test at least once a week.”
This was essential, as Biden said, “to protect vaccinated workers from unvaccinated workers.”
As we have explained, the Secretary of Labor will issue these regulations through OSHA by way of an Emergency Temporary Standard (ETS). The ETS would allow the Secretary of Labor to issue the vaccine mandate without the normal administrative rulemaking requirements (like notice and public comment periods).

While the Biden Administration tells the public that there’s no time to waste in issuing the mandate, the truth is that OSHA/Labor failed to argue the necessity of a vaccine mandate since the vaccines have been available – a time period approaching one year. Moreover, the Biden Department of Labor is secretly meeting with the US Chamber of Commerce and business lobbyists to gather support for the mandate. As Bloomberg Law reports:
Solicitor of Labor Seema Nanda held a virtual meeting with Neil Bradley, the Chamber’s chief policy officer, and other business lobbyists. The Chamber, the largest business lobbying group in the U.S., has yet to publicly declare a position on the coming Occupational Safety and Health Administration emergency rulemaking.
It was one of at least three briefings the department held Friday for labor union leaders and employer associations—constituencies the White House hopes to forge partnerships with to lift the vaccination rate nationwide. Information from the calls was disclosed to Bloomberg Law by eight sources who took part, all of whom requested anonymity because they didn’t have approval to speak publicly.
Why the Vaccine Mandate is Unconstitutional
As you can imagine, the constitutionality of the vaccine mandate will be litigated as soon as OSHA issues the rules. The media is running interference, telling the public that challenges to the mandate are “unlikely to succeed.”
Do not believe them.
The legality of the vaccine mandate will be assessed under what is called the major rules doctrine (also known as the major questions doctrine). Under this doctrine, the courts look to (1) whether the agency action is a major rule; and (2) whether Congress has clearly authorized the agency action.
As Justice Scalia stated in 2014, “We expect congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’”
From here we turn to the first question of the major rules doctrine: there is zero doubt that it is a major rule. It would affect the healthcare decisions – and implicate the personal autonomy – of “some 80 million private sector workers.” It is an action never before taken by OSHA, the Department of Labor, and any other federal agency. It would affect the entire US economy.
In support of my position, we have seen lesser invasive agency rules be determined to be major rules. For example, “rate-regulations” of telephone companies has been held to be a major rule. MCI Telecommunications Corp. v. American Telephone & Telegraph Co., 512 U.S. 218 (1994).
From there we get to the second question: whether Congress has clearly authorized the Department of Labor/OSHA to mandate vaccines. The answer is no.
If Congress clearly authorized (not just authorized, but clearly authorized) Labor/OSHA to mandate vaccines, then we would have seen such authority in the OSH Act of 1970. Look for yourself – the language isn’t there. Instead, there are general grants of authority to “set mandatory occupational safety and health standards.”
Looking to the history of OSHA, this authority has been understood to regulate employer actions to provide a safe workplace (Benzene limits) or employee actions at work (operation of heavy equipment). The OSH Act has never been understood historically to include mandatory vaccinations. This is significant because the Supreme Court recently looked to agency history to determine the CDC lacked the authority to issue its latest eviction mandate.
For an example of “clear authority” relating to public health, look to the authority Congress gave HHS to take action in case of “significant outbreaks of infectious diseases.” Going further, to allow the mandate would be to allow OSHA to require vaccination as a condition of employment. The OSH Act contains no such language or authority.
So there we have it. This is a “major rule” and Congress has not “clearly authorized” Labor/OSHA to issue a vaccine mandate. It is an unlawful – and unconstitutional – seizure of authority by the Executive. Expect further challenges on whether the ETS itself (and the finding of “grave danger”) is legal.
We also observe that we by no means concede Congressional authority to mandate vaccines. (In other words, Congress could not give OSHA/Labor this authority because Congress has no such authority to give.) You may have seen some pundits argue that the 1905 case of Jacobsen v. Massachusetts gives this authority. These arguments are misplaced, as that was the Supreme Court over 100 years ago considering state, and not federal, authority.
One Final Point – Why Justice Kavanaugh Matters
In 2017, when Justice Kavanaugh was sitting on the DC Circuit, he wrote a dissent from a denial of rehearing en banc, in which he thoroughly summarized the major rules doctrine. He argued that the FCC’s net neutrality rule was unlawful, in that it was a “major rule” that was not clearly authorized by Congress.
Kavanaugh’s 2017 dissent was one of the most (or perhaps the most) comprehensive discussions of the major rules doctrine ever written in the DC Circuit. Kavanaugh went through a number of Supreme Court cases in support of his position and argued the doctrine essential to uphold the separation of powers. To this author, it reveals Kavanaugh values this doctrine and believes it should be applied with vigor.
We see an example of this in Justice Kavanaugh’s concurring opinion in the original application to vacate the stay of the CDC eviction moratorium (June 29, 2021), where Kavanaugh wrote “clear and specific congressional authorization (via new legislation) would be necessary for the CDC to extend the moratorium.”
Whether Kavanaugh has the courage to apply his convictions is another matter.

If you think these experiments were so extreme they bear no resemblance to modern psychiatry, think again. Thorazine, the first so-called anti-psychotic drug, was researched on the basis of its ability to make humans profoundly quiescent and passive. Electroshock and lobotomy are straight-out torture techniques that also destroy parts of the brain. SSRI antidepressants increase violent behavior, including homicide. Among its many documented effects, Ritalin can induce hallucinations and paranoia.
