Sen. Roger Marshall of Kansas is an MD as is Sen. Rand Paul who is a cosigner.
Forget the Courts, GOP Senator Has Another Plan to Destroy Biden’s Vaccine Mandate.
Sen. Roger Marshall of Kansas is an MD as is Sen. Rand Paul who is a cosigner.
Forget the Courts, GOP Senator Has Another Plan to Destroy Biden’s Vaccine Mandate.
The ‘Rumor in Rome’ is That Biden Pooped His Pants When He Met the Pope.






Why limit it to employers with 100 or more employees
We are of course are pleased that a federal judge has stayed enforcement of a Biden OSHA mandate due to its profound constitutional implications and charges about its adherence to statutory authority and procedure. The sensible judge by his stay at least has some appreciation of the many states arguments against such mandates as they interfere with rights of the states, their citizens and employers. Perhaps also the logic of the mandate applying only to firms of 100 or more employees might make one skeptical of the OSHA ruling being anything but a power maneuver belying any serious concern about the dangers of COVID transmission in the general industry work environment — not to mention any allegations of an “emergency” or relevant emergency authority.
As to the latter point consider this article appearing at The Daily Signal:
Congress Didn’t Give OSHA Authority to Impose Vaccine Mandates.
The Biden OSHA edict is an attempt to illegally pushing the legal envelope but more so about exercising the bureaucratic bullying technique of pushing policy regardless of the law because the bullies never incur personal liability for doing so. It is about injecting themselves as know it all policy makers. It is about going ahead and breaking the law because the time frame of judicial or other correction is such that their goal is largely achieved. Their attitude is ~~so what if we are told to stop, we will get what we want in the mean time.
If it is a situation that can’t be reversed (can’t be unvaccinated) all the better. Pandoras box for them is a toy chest. It is the equivalent of a criminal enterprise but with a never go to jail card. Genuine respect for constitutionality is not an operative concern, merely something to be glossed over if one can put on a straight face arguing the most extravagant extrapolation of such authority.
So if there is concern for the work environment as regards viruses and vaccines, even as the article above points out is way out of OSHA purview without specific congressional authorization, why limit the impact of the imagined safety protocol only to business with over 100 employees? The vast majority of employers are businesses that have less than 100 employees so is Bidens OSHA saying a large part of the economy does not deserve alleged safe conditions? They said it was because of the administrative burden. How is it a significant administrative burden for any company of any size to make a list of who has been vaccinated and who has not?
OSHA was set up to apply to general industry of all sizes. For example the owner of a five man operation has no less a legal responsibility to provide workers with fall protection equipment on scaffold for example than does John Deere for its maintenance workers — and both need to certify compliance periodically and keep all equipment undated and safe.
The reason is incrementalism and appearance of reasonableness and the bully’s principle of fait accompli to get as much as you can as soon as you can before slow moving courts and legislation and organized resistance can stop the robbing of a huge swath of people of bodily integrity. That is their motivating principle — to establish you as a child of the state.
The City of Bettendorf recently posted an email on mundane matters for which they somehow feel the need to lecture on COVID. We have no doubt they are not the only municipality hectoring its citizens:
On Nov 5, 2021, at 2:06 PM, Bettendorf Citizen Mailing List <citizen-info@lists.bettendorf.org> wrote:
Getting a vaccine, social distancing & wearing a mask are the best defense against COVID-19. Spread the word, not the virus! Visit www.togetherqc.com for COVID-19 information. Thank you for your support!
Reader Tom Nelson, DC a resident of Bettendorf responded:
Replying to the latest Bettendorf Citizen Information Email (included below):
I take exception to the statement at the top of this email. Quoting: “Getting a vaccine, social distancing & wearing a mask are the best defense against COVID-19.”
Given the incidence of vaccine damage, the unknown metric of effective distancing, and the known porosity of masks vs size of a virus, this statement is irresponsible, unethical, and untrue.
No mention is made of:
-adequate rest, exercise, and diet (to include vitamin support)
-personal hygiene (wash your hands)
-fresh air & sunshine (most effective virus killer)
That the City of Bettendorf pushes “taking the jab” with no mention of advised consent is dissapointing.
Regards to General Nakasone
Thomas Nelson, DC
Bettendorf, IA
Rather than being humbled by Tuesday’s widespread repudiation of Democrat candidates and policies it is now looking like our Tuesday prognostication is shaping up — Democrats will make a desperate attempt to go full tilt with their great reset bill set to cost trillions of dollars — the so called human infrastructure / reconciliation bill.
It was our opinion that the left will insist on pushing forward with their bare majorities in the House and Senate and a “President” who will say and sign anything. We suspect they will try to get a start however small to any number of leftist projects and programs knowing that federal programs have a life of their own never-ending usually involving expansion even in the face of failure.
It is reported that Speaker Pelosi is putting the previously removed paid family leave boondoggle back into the Dem’s supposedly paired down human infrastructure bill. We say ‘supposedly’ paired down because we have no doubt budget shenanigans will pertain, including hiding real costs.
If they can pass elements of these programs with their slim majorities with the likelihood that they will lose one or both houses after next years mid-term, it is still unlikely that Republicans will have veto override strength. With Biden protecting the programs, and the bankability of congressional Republicans not to play hardball, that will carry the programs on to at least January 2025 and they hope beyond. If Republicans were to ever play hardball the programs can be stopped even now or ended come January 2023, but when has that been a great bet??
We note that Democrat senators Manchin and Sinema could partially redeem their Democratness by stopping all of this . The problem though is that the Dems will hide stuff everywhere and no one should think that either Senator would not be part of gamesmanship either. Both know they have nothing to fear from Democrats as they are playing well to the majority of their constituents and Democrats have nowhere to go politically. As crazed as liberals are an “accident” befalling either only presents their state’s Republican governors an opportunity. Their reptilian brains understand that.
Time is of the essence for Democrats.
We also suspect that threats by Democrats to end the filibuster will end after this round of votes as they look forward to having that to protect their programs.
Just for fun or fantasy I would suggest Senate Republicans call their bluff on ending the filibuster — to get Dems on record regarding the filibuster in order too shame them regarding their likely future use of it `~~ “you had your chance to end it and you didn’t.” The bigger risk though is that they have no shame.
We excoriated “Republicans,” our brothers and sisters from different mothers, yesterday, in an emotional response to the pathetic turnout in Scott County (overall) on Tuesday. Now we know that off-year municipal /school elections have historically far reduced turnout. But how does one explain less turnout than two years ago given all the information available about problems in our schools, teaching curriculum — CRT and the like, that Democrats are in charge of everything and Republicans won’t show up to vote to help end the dominance?
We are not blaming local Republican leadership, they actually tried to get word out better than past years, not champion level, but showed they are working on it. We are blaming the somnolence of Republican voters who now really have no one to blame more than themselves for the school situation — an important purveyor of culture.
If only a quarter of them showed interest enough to say to themselves — hmmm I know (it is obvious) that the schools are in terrible shape — poorly lead, extravagant with peoples money, academically failing, perhaps more responsible than any other element in society for the degradation we see in the of community and culture, absolutely dominated by liberals — they might research a little, find out who is running and consider getting off their ass for 20 extra minutes during their errands on Election Day and vote.
Not to be.
Open to hearing any related opinion. More on topic in future posts.
More analysis later
No party turnout information yet, but . . .
How does community explain — turn-out in 2019 was 14.79 percent (overall)
Preliminary figure for turn-out yesterday — 13.9 percent (overall)
Glen Youngkin and especially concerned parents and cultural conservatives have defeated the ickiest Democrat since Hillary Clinton.
This victory will encourage cultural warriors and MAGA voters — we hope embolden them. It will demoralize Democrats. As to the latter, perhaps we should say deflate them as they have no traditional morals in evidence. Government (and favored tribes) can steal, liberal elitist government operates en loco parentis, traditional religion is denigrated at the alter of cultural liberalism . . . the Ten Commandments are for suckers when not treated as anti-state . . . if a religion of any sort is to be welcomed in government it is the worship of gaia . . .
Maybe now enough Dems in Congress will have more discretion . . . enough will say lets not move on that agenda and live to fight another day . . .
Well maybe the repudiation of Democrats is not that far reaching – but we delight in fantasizing so . . .
They may pull out all the stops and attempt everything now — thinking they will lose their majorities in a year and they must now act to ratchet up big government as even if they lose their majority in 2022 Republicans are not likely to get a super-majority and they (Dems) will still be in a position to prevent Republicans ratcheting back with various parliamentary means including sustaining a Biden veto of Republican correctives and a complete about face on filibustering . . .
The fight goes on
Polls are closing soon, if you have not done so please drop everything and hurry to your precinct voting place and if you are from Davenport, Walcott, Blue Grass or Buffalo mark the oval and write in candidates Hanna Doyle and James Quinn for Davenport School Board. A sound argument is made for also marking the oval for candidate Bruce Potts. We have discussed that a win for Hanna Doyle and James Quinn would be huge as write-in candidates. Including incumbent Potts is more conventional – to fill out the third candidate of the three positions open with the lesser of evils among the remaining.
Potts as we have mentioned was one of only two members to oppose the sale of Lincoln School for the give away price received. But he has hedged on mask mandates to the extent that we have little confidence in his reasoning ability on the matter beyond knee-jerk submission to liberal agenda driven elitist bureaucracies, or , and this could be redeeming, his perception of where the wind blows on the matter. So we cast our vote for Potts but he should well realize that it is a hold-your-nose-and-vote situation. He has no mandate for anything other than that he is hopefully better that the likes of Allison Beck who is on the ballot, and especially being championed by the usual suspects.
Beck voted for the giveaway of Lincoln School, supports mask mandates for preschool and has her head so far up the bureaucracies butts spouting ruinous jargon that translates to extreme liberal policies. We feel Potts will benefit from some educrat vote but whether or not he realizes it, will be riding largely on what the Freedom to Choose Campaign — the PAC behind write-in candidates Hannah Doyle and James Quinn produce for him — operatives of which are passing the word to support Potts. Hopefully when elected he will be something more than “not Allison Beck”.
We think that just about any local level candidates who make a large part of their campaign about resistance to federal and bureacratic edicts (the essence of the Freedom to Choose campaign) the cultural malaise and about restoring American vibrancy and greatness everywhere — starting right here in river city — would do very well and many would prevail against any liberal incumbent advantages and the bias of local media.
Some perhaps unconsciously are doing that — by running as conservative Trump supporting Republicans in various states. We look forward particularly to what transpires in the Virginia Governor race. In Iowa, around here the elections are for municipal and school board races. The elections here are supposedly non-partisan. But it is our belief that candidates running unabashedly as cultural conservatives, and many are across the state, or on key issues that resonate with people concerned about where the culture is going, can carry the day and will if they are vigorous and have some resources (like Freedom to Choose Campaign) to get the word out.
We are hopeful that this could be a very good day although returns for elections with extensive votes for write-in candidates will be delayed.
R Mall
We have little to say about the municipal races locally – vote for any Republicans when they own up to it. That leaves the Davenport mayoral race out – we wrote in Phillip Yerrington who is not even running but who did well as a write-in candidate on no budget a few years ago against Bill Gluba when Republicans produced no one. Same is true this year.
Participation by Iowa in the multi-state law suit against federal vaccine mandates, if actually done through Democrat Iowa Attorney General Tom Miller, one might suspect will be “marginal”
The introduction of the ten plaintiff states challenging the lawfulness of Biden Administration dictates regarding “use of federal procurement statutes to create sweeping new power to issue decrees over large swaths of the U.S. economy and take over areas of traditional state power . . . and that. . .2. Through Executive Order 14042, President Biden has arrogated to the Executive Branch the unilateral power to mandate that all employees of federal contractors be vaccinated. is telling.
Reading the introduction of the parties to the case note the chosen language of the various state participants: Most list the AG’s name and all but Iowa use language that imparts a sense of willingness by the AG in participating. Iowa’s (in bold but compare to others) reads like Miller wants it understood he is doing so under the duress of the recent Iowa changes/clarifications to AG responsibilities as regards executive department decisions on behalf of the state.
Frankly with a lawyer group like a liberal like Miller surrounds himself with, we would just go with outside counsel. Their heart won’t be in it. We presume their betters in the other states will carry the day. Left to their own devices they would not be effective.
PARTIES
3. Plaintiff State of Missouri is a sovereign State of the United States of America. Missouri sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
4. Eric S. Schmitt is the 43rd Attorney General of the State of Missouri. Attorney General Schmitt is authorized to bring actions on behalf of Missouri that are “necessary to protect the rights and interests of the state, and enforce any and all rights, interests, or claims any and all persons, firms or corporations in whatever court or jurisdiction such action may be necessary.” Mo. Rev. Stat. § 270.060.
5. Plaintiff State of Nebraska is a sovereign State of the United States of America. Nebraska sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
6. Douglas J. Peterson is the Attorney General of Nebraska. Attorney General Peterson is authorized to bring legal actions on behalf of the State of Nebraska and its citizens.
7. Plaintiff State of Alaska is a sovereign State of the United States of America. Alaska sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
8. Treg R. Taylor is the Attorney General of Alaska. Attorney General Taylor is authorized to bring legal actions on behalf of the State of Alaska and its citizens.
9. Plaintiff State of Arkansas is a sovereign State of the United States of America. Arkansas sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
3
Case: 4:21-cv-01300 Doc. #: 1 Filed: 10/29/21 Page: 4 of 44 PageID #: 4
10. Leslie Rutledge is the Attorney General of Arkansas. Attorney General Rutledge is authorized to bring legal actions on behalf of the State of Arkansas and its citizens.
11. Plaintiff State of Iowa is a sovereign State of the United States of America. Iowa sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
12. The Attorney General of Iowa is authorized and required to prosecute legal actions on behalf of the State of Iowa and its citizens when requested to so by the Governor.
13. Plaintiff State of Montana is a sovereign State of the United States of America. Montana sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
14. The Attorney General of Montana is authorized to bring legal actions on behalf of the State of Montana and its citizens.
15. Plaintiff State of New Hampshire is a sovereign State of the United States of America. New Hampshire sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
16. The Attorney General of New Hampshire is authorized to bring legal actions on behalf of the State of New Hampshire and its citizens.
17. Plaintiff State of North Dakota is a sovereign State of the United States of America. North Dakota sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
18. Wayne Stenehjem is the North Dakota Attorney General. Attorney General Stenehjem is authorizedtobringlegalactionsonbehalfoftheStateofNorthDakotaanditscitizens. N.D.Cent. Code 54-12-02.
19. Plaintiff State of South Dakota is a body politic created by the Constitution and laws of the State; as such, it is not a citizen of any state. This action is brought by the State in its sovereign capacity in order to protect the interests of the State of South Dakota and its citizens as parens
4
Case: 4:21-cv-01300 Doc. #: 1 Filed: 10/29/21 Page: 5 of 44 PageID #: 5
patriae, by and through Jason R. Ravnsborg, the Attorney General of the State of South Dakota. The Attorney General is acting pursuant to his authority to appear for the State and prosecute any civil matter in which the State is a party or interested when, in his judgment, the welfare of the State demands. S.D. Codified Laws §1-11-1(2).
20.PlaintiffStateofWyomingisasovereignStateoftheUnitedStatesofAmerica. Wyoming sues to vindicate its sovereign, quasi-sovereign, proprietary, and parens patriae interests.
21. Bridget Hill is the Attorney General of Wyoming. Attorney General Hill is authorized to bring legal actions on behalf of the State of Wyoming and its citizens. Wyo. Stat. Ann. § 9-1-603. 22.
Collectively, the States of Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming are referred to herein as the “Plaintiff
States.”
Actually to be opposed to vaccine mandates, specially as regards a still experimental concoction with no long term studies to establish safety and efficacy, indeed revolsion at the very principle of “no jab no job” would seem to be the sincere liberal position. But American liberals (Democrats) are not liberals — they are control freaks of the first order, they are imbued with a condescending managerial outlook, disdain for the small business kulaks about and possessed of all the finesse of the Red Guard.