On Thursday’s Mark Levin Show, When it comes to vaccines, this program urges you to speak with your doctor about your health and follow the appropriate guidance. Yet, in a frightening speech, President Biden is calling for vaccine mandates on private companies with more than 100 employees. Something Biden didn’t say was how he was going to prevent the virus from coming in on unvetted migrants at the border. He also didn’t mention how many of the unvaccinated have natural immunity. Why is that? Then, the Supreme Court’s 1904 Jacobson v. Massachusetts decision called for fines to be levied on the unvaccinated. Jacobson was a pastor that was vaccinated in Sweden as a child and refused the vaccination so he was fined and fought back. Jacobson argued that the government was forcing himself to accept illness into his otherwise healthy body was a violation of his 14th amendment rights and limited his liberty and the Supreme Court struck it down creating the “reasonableness test” for the government taking away one’s liberty. In 1922 the Court heard the Zuck case and rejected that case as well. In 1927 the Supreme Court used these precedents in the Bell case that upheld forced sterilization on people deemed less viable.
THIS IS FROM:
History
When the Supreme Court Ruled a Vaccine Could Be Mandatory
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Rough transcript of Hour 1
Hour 1 Segment 1
I’m glad you’re here. And you’ll have more knowledge when you leave this program tonight than anybody else. Joe Biden gave to me a frightening speech this evening. Now, I believe in these vaccines, I’m not in favor of vaccine, but I believe you should consult your own doctor. That the government. Television hosts, even radio hosts. They’re not to be trusted. You trust your own physician. You don’t go to the government. When it comes to other medical issues. The politicization of this issue. By Biden and Harris last summer, as I will demonstrate by Fauci in the teachers unions, by CNN, MSNBC and other irresponsible phony news sites. Has undermined the credibility of so many of these institutions. You go to your doctor, you talk to your doctor. 80 million adults have not been vaccinated. They say 70 percent have been. I’ve asked this question before. Of the 80 million who have not been vaccinated, how many of them have the antibody now? Because they don’t need to be vaccinated and maybe that’s their position. I don’t know how many of them can’t be vaccinated because some kind of health malady that they already have. What percentage of the e-mail? I don’t know. And Joe Biden is a pathological liar, a liar. So I don’t know what’s coming out of his mouth. To be anything close to the science or the statistics that we have. Moreover, if you’re vaccinated. If you are vaccinated. And somebody else is not vaccinated. I don’t quite understand what the issue is as a personal matter. Well, you can still catch the the variant. Well, you can still catch the variant then, whether you’re vaccinated or not. That goes to the issue of how serious the illness is or whether death follows. But people do stupid things all the time, they chain smoke, they eat foods, they do other things, they are likely to cause lung cancer, heart disease, what have you. The United States government mandates automobiles that are not safe. I don’t care how many seatbelts or airbags are in there. In order to meet CAFE standards, cars have to be very, very light when you’re in a significant and serious accident, you need a heavy vehicle. Steel. And there have been reports about how many thousands of people die every year that would otherwise live, but for CAFE standards, we don’t discuss that. And I didn’t hear Biden say today I’m taking steps immediately to seal the southern border. To finish Trump’s wall in order to prevent people from coming into this country. Who have the coronavirus? And who are not vaccinated? He didn’t do any of that. Now, does he have the power? To order, essentially. All private businesses with 100 or more employees to be vaccinated. Does he have the power to order everyone in anything? With the most. Limited contact with the federal government to be vaccinated. On top of it being a rather frightening speech. His politicization and his attacks on governors is really, really appalling. Really appalling, the guy that leaves the southern border open, who has no idea who’s coming in, who want to go to the southern border. Now, what’s the rule here, what are the laws? We’re going to take a little time on this. And I’d be remiss, very remiss if I didn’t point out this speech didn’t have to be given today. This speech didn’t have to be given today, in two days, it’ll be 20 years since 9/11. He’s so cynical, he’s so devious, he’s such an S.O.P, I despise him more than Obama, you want to know the truth? He’s such an Sobhi. That he does this in hopes of deflecting attention. From the disaster that still is Afghanistan in the 80000 Afghan allies who are still stuck there and the citizens who are stuck. At the Mazar e Sharif airport, they only want to talk about Kabul, where they got one jet out. And what’s interesting to me is, you know, they’re cutting deals and making concessions left and right with the Taliban and we don’t know anything about what they’re discussing or what they’re doing. Well, while she says we have to rely on them, they’re the only ones to rely on. Well, you enjoyed that situation. You gave them the country, you gave them the power, and now you’re complaining they’re the only ones you have to rely on. Who else we’re going to deal with? Now, let me get started here. This is from History Dotcom. In 1991, a deadly smallpox epidemic tore through the Northeast, prompting the Boston and Cambridge Boards of Health to order the vaccination of all residents. But some refused to get the shot, claiming the vaccine would have violated their personal liberties under the Constitution. One of those holdouts, a Swedish born pastor named Henning Jacobsen, took his anti vaccine crusade. This is how they wrote it all the way to the U.S. Supreme Court. The nation’s top justices issued a landmark 1995 ruling that legitimized the government’s authority to reasonably, quote, unquote, underscore infringe upon personal freedoms, drawing a public health crisis by issuing a fine to those who refuse to vaccinate a fine. If it’s reasonable, in 1991, the city of Boston registered 1596 confirmed cases of smallpox, a highly contagious, fever inducing illness infamous to cause a severe rash on the face, arms often left survivors scarred for life. In Boston alone, 270 people died from smallpox during the extended 01 to 03 outbreak. That’s why public health officials in Boston, the neighboring Cambridge, issued their compulsory vaccination orders, hoping to reach the 90 percent vaccination rate required for herd immunity. Now, Jacobson, who served as the pastor of a Swedish Lutheran church in Cambridge, had been vaccinated against smallpox in Sweden when he was six years old, an experience he later said caused him great and extreme suffering. So when Dr. Edward Spencer, chairman of the Cambridge Board of Health, knocked on the Jacobson’s door on March 15, 1982, the pastor refused a vaccination for himself and his son. A few months later, Cambridge was in a full fledged smallpox panic, with the city ordering the closure of all schools, public libraries and churches to stem the spread of the disease. Police officers accompanied health officials like Spencer went door to door, vaccinating as many as 100 people a day. But while the Cambridge vaccine order was compulsory, it wasn’t a forced vaccination. People like Jacobson, who refused to get vaccinated, faced a five dollar fine, the equivalent of nearly 150 dollars. Today, on July 17, 1982, Dr. Spencer issued a criminal complaint against Jacobson and other anti vaccine activists to collect a five dollar fine. Now, of course, Biden’s gone further than this. If you don’t get the vaccine, you’re fired. You’re fine. It’s more than 150 bucks a day now, the broader battle over the validity of vaccinations science reached a fever pitch during the smallpox outbreak. Anti vaccination groups citing alleged cases of death and deformity from bad reactions to smallpox vaccines, called the compulsory vaccinations the greatest crime of the age, claiming that it’s slaughtered tens of thousands of innocent children. In response, newspaper editorials characterized the smallpox vaccination controversy as a conflict between intelligence and anger at civilization and barbarism, much like today, The New York Times dismissed anti vaccine activists as a familiar species of cranks who are deficient in the power to judge science. This would be the New York Times that went on to cover up the Holocaust. By the way, it was against this heated backdrop that Jacobson fought his five dollar fine, first in state trial court, then by the Massachusetts Supreme Judicial Court. He wanted to present evidence that vaccines themselves were dangerous and ineffective, but the judges wouldn’t hear it. Instead, his chief argument became, compulsion to introduce disease into a healthy system is a violation of liberty, specifically the personal liberty he believed was guaranteed by the U.S. and Massachusetts Constitution’s. So the highest court in Massachusetts rejected Jacobsen’s claim, siding instead with the authority of public health officials to determine the best methods for fighting an epidemic not ready to give up. Jacobson appealed to his case to the U.S. Supreme Court in 1985, where he was accompanied by officers of the Massachusetts Anti Compulsory Vaccination Association. It’s a famous case in the case known as Jacobson versus Massachusets Jacobson. His lawyers argued that the Cambridge vaccination order was a violation of their Fourteenth Amendment rights, which forbade the state from depriving any person of life, liberty or property without due process of law. A question then was whether the right to refuse vaccination was among those protected of the personal liberties. The Supreme Court rejected Jacobs argument and doubt the anti vaccination movement, a stinging loss. Writing for the majority, Justice John Marshall Harlan acknowledged the fundamental importance of personal freedom, but also recognized that rights of the individual and respect of his liberty may at times under the pressure of great dangers, be subjected to such restraint to be enforced by reasonable regulations as the safety of the general public may demand. This decision established what became known as the reasonableness test. The government had the authority to pass laws that restricted individual liberty if those restrictions, including the punishment for violating them, were found by the court to be a reasonable means for achieving a public good. Bottom line, there had to be some kind of real and substantial connection between the law itself and legitimate purposes. Now, the Jacobsson decision provided a powerful, controversial precedent for the extent of government authority in the early 20th century. In 1922, the Supreme Court heard another vaccination case, this time concerning a Texas student named Rosalind Zuk, who was barred from attending public school because her parents refused to have her vaccinated. Zuks lawyers argued the school district’s ordinance requiring proof of vaccination denied her equal protection clause under the 14th Amendment. The court disagreed. Justice Brandeis wrote in the unanimous decision long before the suit was instituted, and they cite Jacobson vs. Massachusetts. Now, I want you to listen to this. In a far darker chapter, the Jacobsson decision also provided judicial cover for a Virginia law that authorized the involuntary sterilization of, quote, feeble-minded, unquote, individuals in state mental institutions. In the 1920s, eugenics enjoyed wide support in scientific and medical circles, and the Supreme Court justices were not immune. In the infamous 1927 case, Buck vs. Bell, the Supreme Court accepted the questionable facts so-called presented in the lower court cases of the young Virginia woman named Carrie Bell, hailed from a long line of mental defectives whose offspring were a burden on the public welfare. Oliver Wendell Holmes wrote a chilling opinion, Holmes, that is the principle that sustains compulsory vaccination is broad enough to cover cutting the fallopian tubes. In this case. Now, the buck decision opened the floodgates, and by 1930, a total of 24 states had passed involuntary sterilization laws and around 60000 women were ultimately sterilized under these statutes sanctified by the Supreme Court. Bail versus excuse me, Buck versus Valse, the most extreme and barbaric example, the Supreme Court justifying a law in the name of public health. Then they write a lot changed since 1995, including the ways in which the court decides how certain laws and statutes violated individual’s constitutional rights. I want to pick it up from here because I have a hard break. But please stick with me because there’s more information here that’s relevant. I’ll be right back.
Hour 1 Segment 2
So Justice Oliver Wendell Holmes, appointed by a Republican, nonetheless a so-called progressive. He writes in the decision, A Buck versus Bell, The principle that sustains compulsory vaccination is broad enough to cover cutting the fallopian tubes. Three generations of imbeciles are enough. And Buck opened the floodgates by 1930, a total of 24 states were involved in involuntary sterilization. This is why some people fear the power mark that would never happen again, folks. That was in the 1920s and 30s. At the beginning of the covid-19 pandemic, a states issued lockdown orders that closed businesses and prohibited large gatherings, several judges justified those restrictions based on Jacobson vs. Massachusetts. Since it was the most recent decision explicitly addressing state powers during a disease epidemic, even if it was 115 years old, but in a reversal, the U.S. Supreme Court ruled in 2020 against broadly applying the logic of Jacobson to all covid-19 lockdown restrictions in Roman Catholic Diocese of Brooklyn vs. Andrew Cuomo. The court decided the state of New York violated the constitutional rights of citizens, wanted to safely gather in churches and synagogues during the pandemic. The reasoning was a lock down. Laws barred religious gatherings altogether while still allowing secular business to operate at limited capacity. As vaccines against covid-19 became readily available across the U.S., employers, including government agencies, hospitals and so forth, started to mandate the shots and employees that followed a joint statement from a major medical group encouraging the policy. Now, this is where we are, you see, because. One of the arguments that I assume can be made will be that Joe Biden has the southern border open, illegal aliens coming into the country do not have to be tested, do not have to be vaccinated. Even people coming in from Afghanistan do not have to be vaccinated. So people are coming into the country potentially spreading the virus while Joe Biden is putting the arm. Private businesses and so forth, and the question is going to be, if he actually has the statutory authority, he’s using an OSHA regulation. He doesn’t have a straight up statute, he’s using an OSHA regulation. So there are a lot of questions that will be raised. The problem is we have a lot of result oriented justices and judges below them. That’s the problem. But this is a closer question than one might think, and it is a matter that you do need to concern yourself, given that the federal government did, in fact, as did the state, take extreme measures to abuse power during the course of this. I’ll be back.
Hour 1 Segment 3
Sabine’s using an OSHA regulation. Of you heard the speech. He sounded like a fascist the way he was talking. Lashing out against governors, he fears lashing out against 80 million Americans, trying to turn American against America. I’m telling you, it’s the same American Marxism model. This man has been in Washington half a century. He’ll say anything and do anything from segregation. To anything else. And I’ll prove it to you. Here’s Biden, September 17, 2020, when he was running for president against. Donald Trump cut 27 go by his own admission, he continued to lie about covid-19, he doubled down on the catastrophic mistakes that he’s made. And perhaps worst of all, he made clear that he still doesn’t have a plan to bring us out of this crisis. He even said, and I quote, A lot of people think that masks are not good, undercutting the easiest, most effective means we have for reducing the spread of this disease. I would call all the governors to the White House and say, and because there’s a question, I think it’s and can be answered in the positive, a question whether I can mandate which over state lines at every single state has to comply. Our legal team thinks I can do that based upon the degree to which there’s a crisis in those states and how bad things are for the country. And if we don’t do it, what happens? But I would make the case. I’d make the case why it’s necessary. I have the scientists are ready to lay out in detail why. And I would go to every governor and I go to governors related to Republican and Democratic governors. And I’d say we have to have this national mandate. We must do it. The National Science Foundation is coordinating with the CDC and other agencies. They indicate that the first group of people that should get the vaccine if and when it is available are people at the greatest risk. And that includes everything from nursing homes to people with serious pre-existing conditions that would cause people to be in real trouble. A lot of those people happen to be black and brown, happened to be black and brown, and so it would be based, not their silent black and brown. People understand that for the most part, this is aimed at you just want people to understand that. Now, the media won’t report this. Most of the people he’s talking, not all, obviously, but most of the people he’s talking about are black and brown people. Who are very hesitant to take these vaccines. And the media won’t tell you that, so I’m telling you that, go ahead, a degree of exposure would go first, though, I would argue, but I have a scientific board laid out for me. It would go first, as laid out for me today, to first responders, doctors and nurses, the people who most where most needed to have available to deal with our crisis health as well as physical crises in our communities. Mm hmm. Well, I didn’t hear him say that he doesn’t trust the vaccines there, Mr. Producer got 27 that said let’s listen to cut twenty eight. And he did say that, as a matter of fact, that I don’t trust Trump on vaccines is what he says during the course of this also. So he planted that seed now cut twenty eight go. Do you trust that in the situation where we’re in now that the public health experts and the scientists will get the last word on the efficacy of a vaccine? If past is prologue, that they will not, they’ll be muzzled, they’ll be suppressed, they will be sidelined because he’s looking at an election coming up in less than 60 days and and he’s grasping for whatever he can get to pretend that he has been a leader on this issue when he is not. So let’s just say there is a vaccine that is approved and even distributed before the election. Would you get it? Well, I think that’s going to be an issue for all of us. I will say that I would not trust Donald Trump and it would have to be a credible source of information that talks about the the efficacy and the and the reliability of whatever he’s talking about. I will not take his word for it. This amazing. They campaign against the vaccines if it’s during the Trump presidency. And yet these are the vaccines that were developed during the Trump presidency. Now they want to mandate them. Now they want to he has no plan for fighting the virus. Or the Delta variant, his plan is. To control the American people. That’s the plan. The plan is mandate. That’s the plan. Now, here he is. December 2020. And talking again about mandating vaccines, cut seven go. And boring. No, I don’t think it should be mandatory. I wouldn’t demand it be mandatory, but I would do everything in my power. It’s like I don’t sit at UCLA lies all the time. That’s why nobody trusts this full. I don’t think it should be mandatory. I don’t trust. Trump on vaccines, she says, I won’t take Trump’s word for it. And now they’re insisting that people take it and they’re exercising extraordinary power. Even though over 70 percent of the population. For whom it is safe to take the vaccine have taken the vaccine. They’re using extraordinary power. To try and force the number to go up. To try to force the number to go up. And on July 4th, rather than celebrating the founding, because we know that’s all about white supremacy. Joe Biden made a big, big thing of that day was to celebrate. How they were destroying the pandemic cut twenty nine go the Fourth of July is a day of special celebration for we are emerging from the darkness of years, a year pandemic and isolation, your pain, fear and heartbreaking loss. Just think back to where this nation was a year ago. Think back to where you were a year ago. And think about how far we’ve come from Silent Streets. From Silent Streets now, now that we didn’t have Silent Streets, we had your your supporters rioting and burning buildings down. Let’s remember, Joe. Go ahead, it’s line with people waving American flags from empty stadiums and arenas to fans back to their seats, cheering together again. From families pressin hands against a window to grandparents hugging their grandchildren. Once again. We’re back traveling again. We’re back seeing one another again, businesses are opening and hiring again. We’re seeing record job creation and record economic growth the best in four decades. And I might add, the best in the world today all across this nation. We can say with confidence America is coming back together. Two hundred and forty five years ago, we declared our independence from a distant king. Today, we’re closer than ever to declaring our independence from a deadly virus. That’s not to say the battle against covid-19 is over. We’ve got a lot more work to do, but just as our declaration in 1776 was not a call to action, was a call to action, not a reason for complacency or claim of victory, it was a call to action. The same is true today. All right. You get the point. He’s a buffoon. He’s a liar. He is. He’s a he’s a street thug politician. I told you this many times, turning American against America. Now, those who aren’t vaccinated are are the enemy. They’re killing everybody. The governors who don’t agree with him are killing people, too. He basically said this today. Mr. Wide Open borders, illegal aliens with this virus and God knows what other diseases get coming across the border, two and a half million or so by the time it’s the end of his first year in office. Not a word about it. Nothing. Not a word about it. Not a word. Now, I know this virus is serious, I got vaccinated as soon as I could, my family did as well. Because I talked to my doctor. I was never afraid of the Trump vaccines. And every created skepticism about any vaccines, I raised questions about the idiotic arguments this administration had been making undermining their own claims. The imbecilic nature. Of what’s come out of his mouth and Collinses mouth and all the rest of them, the CDC. That wants to regulate guns. And wants to regulate. Landlords and tenants, no reason to distrust them is is there, ladies and gentlemen? We all know. We’ve all witnessed not just this virus. But out of control government at the local and state levels, we’ve watched out of control government of the last eight months at the federal level, we’ve watched out of control government in our school boards. We’ve watched certain special interests. We get special privileges, including the teachers unions. But follow the science, ladies and gentlemen, no, follow your doctor. Because too many quacks work in this administration and too many quacks are on TV quacking away. We don’t need to be told about vaccines. We understand what a vaccine is, if you’d listen to Joe Biden and Kamala Harris and their mouthpieces in the media, and I don’t remember any broadcast groups or anything else condemning any damn one of them. If you had listened to them, you would never have taken the vaccine. Now they insist that you take that Trump vaccines. And the therapeutics also developed under Trump, and I’ll ask this question that I’ve asked many nights before. Where are the new vaccines, where the new therapeutics, we’re spending trillions and trillions and trillions more. Why are they developing other cutting edge? Medicines, treatments. Trump had it done in nine months. This guy is getting into the ninth month of his presidency. And his answer. What’s his answer? I’m going to throw people out of work. Especially minorities, I’m going to throw them out of work. If they don’t do what I say. While they’re massively expanding the welfare state, food stamps. Free college. Tweeks, family leave on and on and on. If you’re vaccinated, excuse me, if you’re not vaccinated for a variety of reasons. You’re the new enemy of the people. Now, is Biden going to get away with this? He knows full well. That in this mix, we’re talking about an awful lot of minorities. He knows that. He doesn’t say it, the media won’t say it, I’m saying it. You can be pro vaccine and anti tyranny. That’s me. And this guy uses every opportunity to advance the cause. Of the iron fist in the police state, not just with vaccines. He wants to add 80000 employees to the Internal Revenue Service to hunt you down and audit you. He violates our immigration laws, the borders wide open. He violated the Supreme Court decision. Telling the CDC to go ahead. Regulate private property rights. This man is a terror. He’s evil. In addition to being stupid as a door, I’ll be right back.
Hour 1 Segment 4
Biden says this isn’t about freedom. Ladies and gentlemen. This isn’t about freedom. Exactly what tyrants always say, Mr. Producer. Abortion, cheska choice. Just a choice. Abortion is a choice that’s not a baby. Mandates are not about freedom. We know this about abortion and ninety nine point ninety nine percent of the cases, it does actually result in death. That’s the science. That’s the data. Follow the science. Follow the data. We actually know these are babies. That’s the science. Follow the science. Don’t be a Neanderthal. Follow the science. No, but it’s a choice. So we now have the attorney general of the United States who’s bringing some lame lawsuit against Texas. Because he’s saying. That what Texas is doing. Violates the Constitution. What he means is it violates Roe v. Wade is what he’s trying to say. There’s nothing in the Constitution, despite what Scarbro said. So on the one hand, they’re fighting against saving lives, in every case, almost, they die babies and on the other hand, they’re going to punish you. If you’re not vaccinated, you’re going to lose your job. You’re going to lose her job. And he announces all this today, his attorney general announces their lawsuit today. What’s magical about Thursday? Well, Thursday comes before Friday and Friday comes before Saturday and watch Saturday. Twenty years since 9/11. So cynical and diabolical is this administration, including the highly politicized attorney general and Department of Justice, that they’re doing everything they can now to focus attention elsewhere. Now we have to fight. Mandates and by the way, I noticed I’m looking at the transcript here, that you spent much of this Mr. He doesn’t use the word mandates. Have you noticed that? Requirements. Jesse Waters was terrific on the five today, by the way. He pointed this out, among other things, I thought he did a great job. GUTFELD Terrific, Dana Perino, terrific. The judge, terrific. Hiralal was Haraldur and I want to give kudos, a shout out to Judge Jeanine on the five to which I was watching prior to this show. She actually had the guts and the smarts to use the word Marxism. I paraphrase that this is more of the Marxism that this administration and the Democrat Party are involved in, something to that effect. They caught my ear and that’s what it is. I’ll be right back.
