Judge Schelp Rules; China Joe Cancels Speech

Posted November 30th, 2021 by Iron Mike

Biden and Fauci get the Bitch-Slap from Hell:  a 32 page injunction so well-written it will be studied in law schools.

Heads were spinning Monday in the Biden Zoo (White House) as they read District Judge Matthew T. Schlep’s 32-page injunction against the Biden Vaccination Mandate for Health Care Facilities.  For one thing,  Biden has never read 32 pages of anything…

Ten (10) states – Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming, had filed suit to stop implementation of the Biden vaccination mandate for medical facilities – imposed by the CMS (Centers for Medicare and Medicaid Services).

In trying to decide whether to join the hysterical mob running in fear of COVID,  – or to follow Common Sense and the LAW,  Judge Schelp wrote:

“The scale falls clearly in favor of healthcare facilities operating with some unvaccinated employees,  staff,  trainees,  students,  volunteers and contractors,  rather than the swift,  irremediable impact of requiring healthcare facilities to choose between two undesirable choices — providing substandard care or providing no healthcare at all.”

How does a heavy-handed and likely illegal mandate get written?

Chiquita has a BA (AA/EEO) from Princeton in ’96, and a MA in Public Policy – Georgetown ’99.

20+ years of working for Democrats gained her a reputation for following orders and loyalty,  – but no deep understanding of our Constitution – or of why it was written.   

Now she can play victim.

Case No. 4:21-cv-01329-MTS    –  Judge Schelp writes:

Given the vast economic and political significance of this vaccine mandate,  only a clear authorization from Congress would empower CMS to act.

Because this mandate significantly alters the balance between federal and state power,  only a clear authorization from Congress would empower CMS.

In the absence of a clear indication that Congress intended for CMS to invoke such significant authority, the Court will not infer congressional intent.

CMS’s own delay undermines its “emergency” justification for bypassing notice and comment requirements.

CMS failed to meet its “good cause” burden,  especially in light of the unprecedented,  controversial,  and health-related nature of the mandate.

The mandate is arbitrary and capricious because the record is devoid of evidence regarding the covered healthcare facilities.

The mandate is arbitrary and capricious because CMS improperly rejected alternatives to the mandate.

The mandate is arbitrary and capricious because of its broad scope.

The mandate is arbitrary and capricious due to CMS’s sudden change in course.

The mandate is arbitrary and capricious because CMS failed to consider or properly weigh necessary reliance interests.

Plaintiffs demonstrate irreparable harm.

The balance of equities tip in favor of Plaintiffs,  and the public has an interest in an injunction.

You think maybe Biden was rattled…?

He’s been scheduled to make a speech about the Supply Chain (those 100+ container ships waiting to unload)….

But Judge Schelp’s injunction threw him into overload mode;  – he couldn’t remember his sound-bites and clichés….so that speech got postponed.

One Response to “Judge Schelp Rules; China Joe Cancels Speech”

  1. Blossom Stiefel

    The government will accrue power until the people insist that they have had enough. Americans have been suffering from a pandemic, but not a medical one, it is a pandemic of fear. This fear has taken a far greater toll on our lives than any virus ever could. We traded our freedom for the promise of safety.

    Another day, another new variant of the coronavirus. Here we go again with another scare campaign by the tyrannical medical establishment and their media accomplices.

    Thankfully, Americans have started to push back. Saving our freedom and democracy starts with you and your family. Forced injections and digital passports have been put on hold because too much of the workforce has said “NO”. Pushing back on the immoral and unconstitutional dictates of a government exercising illegitimate power will work. We must end the pandemic of fear before it’s too late!