Tuesday, September 29, 2009

A Little Thing Called The Constitution, or How I Stopped Worrying About Forced Innoculation

According to a news story in New York, anyone in New York working in the health care industry is required by the State Department of Health to be immunized against both seasonal influenza and H1N1 (Mexican Swine) flu. The real news story is that there are thousands of health care professionals who are opposed to this mandate.

Well, cheer up, doctors, nurses, therapists, techs, and everyone else! I'm here to Humbly give you some ammunition for your fight. What the State of New York has forgotten is that you have constitutional rights. Specifically, the fourth and fourteenth amendments protect you against government intrusion of this sort.

The fourth amendment limits the government's ability to search and seize persons and property without due process of law. Subjecting citizens to a vaccination is equivalent to placing those citizens' lives at risk. There is no possible way to give a flu vaccine without risk. In fact, given the risk, and the government's perception of the necessity of immunizations, they decided it was necessary to immunize the manufacturers of the flu vaccines against lawsuits. There is a near absolute in law called strict liability in tort which says that any product used properly by consumers which causes harm to those consumers will be cause to hold the maker of that product liable for damages. But not flu vaccines. So, when the inevitable few have harmful side effects, they will not be able to hold the makers liable. And states don't allow their citizens to sue them in their own courts. A New Yorker who takes that vaccine, voluntarily or not, and is harmed, is therefore deprived of life and freedom by the state, without due process. No warrant was issued, no judge shown just cause. No study showing rates of harmful side effects were presented to those who made the decisions. In fact, those studies have been buried by the CDC!! Mention to your lawyer this little tidbit. This will be evidence usable in court. Being in a federal court, the State of New York is gonna have to explain why they didn't bother doing their research, and the CDC is going to have to cough up the original study, not the fudged up one they posted on their web site.

Also, consider the fourteenth amendment. It's the one that says individuals will not be discriminated against because of the group to which they belong. Health care workers, I'm pretty sure you have the same rights as prostitutes. This is a tougher issue to push in court, though. It's scary! The big bad low-mortality H1N1 virus has people scared, and their fear can only be alleviated by having YOU get a shot. Understand that this is exactly the same as putting Americans of Japanese ancestry in concentration camps during World War II?

This post is NOT legal advice. I am not a lawyer. If you have legal issues, find a lawyer. Ask him when the fourth and fourteenth amendments were repealed. And consider moving out of New York. Your fears as an individual, justified as they are, are of no concern to the entity of the State of New York. Nor will your losses be of concern if you have some bad side effect from the shots. May I Humbly recommend Texas?