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Judge rejects Sidney Powell's challenge to Pentagon's vaccine mandate
The Hill ^ | 11/15/2021 | Mychael Schnell

Posted on 11/15/2021 5:25:56 PM PST by ducttape45

A judge on Friday rejected ex-Trump lawyer Sidney Powell’s challenge of the Pentagon’s vaccine mandate.

Powell’s Texas-based group, dubbed Defending the Republic, filed a lawsuit in October on behalf of 16 active-duty service members “in support of their right to refuse” the COVID-19 vaccine.

The lawsuit named Defense Secretary Lloyd Austin, Health and Human Services (HHS) Secretary Xavier Becerra, acting Food and Drug Administration (FDA) Commissioner Janet Woodcock, Secretary of the Air Force Frank Kendall, Secretary of the Navy Carlos Del Toro and Secretary of the Army Christine Wormuth as defendants.

The plaintiffs argued that the vaccine mandate imposed “unconstitutional conditions by forcing Plaintiffs to choose between violation of their constitutional rights or facing life-altering punishments,” and argued that the FDA’s approval of the Pfizer-BioNTech vaccine was unconstitutional.

They said the vaccine mandate was invalid because it did not go through required “notice-and-comment rulemaking."

The lawsuit specifically asked the court to block the Pentagon from implementing the mandate and compel the FDA to retract its approval of the Pfizer vaccine.

U.S. District Judge Allen Winsor on Friday, however, ruled that the plaintiffs’ lawsuit did not reach the “extraordinary burden of showing the mandate lacks any rationality.”

He said there was a slim chance that the service members’ assertion regarding the “notice-and-comment rulemaking” would stand because the vaccine mandate was announced one day after the FDA granted full approval to the Pfizer-BioNTech vaccine.

“On the merits, the plaintiffs haven’t made a substantial showing that the FDA acted without a reasonable scientific basis,” Winsor, a Trump appointee, wrote in the ruling. “The FDA is entitled to substantial deference because drug licensing decisions involve ‘scientific determination[s]’ within the FDA’s ‘area of special expertise.’”

The Pentagon announced in August that it would be mandating COVID-19 vaccines for all service members, after the Pfizer shot received full approval.

The department did not set a deadline for when all personnel had to be inoculated, instead allowing each branch to create their own target dates.

Reached for comment on the ruling, the Pentagon told The Hill that it does not comment on pending litigation.

The Hill reached out to HHS, the FDA and Powell for comment.


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 52to44; allencwinsor; allenwinsor; anthonyfauci; covidstooges; federalistsociety; floridajudge; grewinoffice; ndflorida; obamacare; sidneypowell; trumpjudge; vaccinemandate; vaccinemandates
I posted a similar article about this last night, stating that I just found this lawsuit being filed. Today a judge rejected it. Someone said they knew of a lawyer who was on this legal team and that they were confident it would work. Apparently not.
1 posted on 11/15/2021 5:25:56 PM PST by ducttape45
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To: boxlunch; M Kehoe; WinMod70; Irish Eyes; Sequoyah101; little jeremiah; laplata; 5th MEB; ...

Vaccine Mandate Ping List


2 posted on 11/15/2021 5:26:23 PM PST by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: ducttape45

The judge deferred to scientific “Experts”. Law by the experts.


3 posted on 11/15/2021 5:29:01 PM PST by D Rider ( )
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To: ducttape45

Next court.


4 posted on 11/15/2021 5:34:01 PM PST by bray (Our patience is wearing thin Joe)
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To: D Rider

Hopefully the Legal Council suit goes better. There was suppose to be today, have not seen anything on it.


5 posted on 11/15/2021 5:34:08 PM PST by RBW in PA
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To: RBW in PA
Yep. I created a posting about that. There hasn't been much I've been able to find online. Check out that post for the latest.

Navy Seal 1 vs Biden - Latest News (which really isn't much!)

6 posted on 11/15/2021 5:39:27 PM PST by ducttape45 ("Righteousness exalteth a nation; but sin is a reproach to any people." Proverbs 14:34)
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To: ducttape45

They should be suing to receive only the approved shot Comarity (or whatever) and a immediate order to the FDA/CDC to remove all the EUA shots from public use because a safe and effective one has been approved, per their own rules.


7 posted on 11/15/2021 5:46:28 PM PST by RetiredTexasVet (When Satan craps another demon possessed Progressive is born.)
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To: ducttape45

This Trump judge “grew in office” very quickly...


8 posted on 11/15/2021 5:46:42 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ducttape45

Judges are employees of Fedzilla.
Their job is to protect Fedzilla.


9 posted on 11/15/2021 5:48:46 PM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: ducttape45

Do all these people show up together, history shows they do. Powell, Flynn, lindell, woods et al. Lindell should show up within a week. An earth shattering kaboom is brewing.


10 posted on 11/15/2021 5:52:08 PM PST by M_Continuum
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To: ducttape45

“…. after the Pfizer shot received full approval.”

Gaslighting.

Not the Pfizer shot given here in the US.


11 posted on 11/15/2021 5:55:43 PM PST by jdsteel ("A Republic, Madam, if you can keep it." Sorry Ben, looks like we blew it.)
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To: M_Continuum

Mike Lindell means well.


12 posted on 11/15/2021 5:55:51 PM PST by Arcadian Empire (The Baric-Daszak-Fauci spike protein, by itself, is deadly.)
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To: ducttape45

Hopefully Powell and whoever else is doing this instantly appeals it to the next court up.


13 posted on 11/15/2021 6:34:50 PM PST by little jeremiah (Where We Go One We Go All)
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To: M_Continuum

And exactly what are you doing to try to save the republic, besides sniping at others who are working hard and sacrificing time, money and more.


14 posted on 11/15/2021 6:35:46 PM PST by little jeremiah (Where We Go One We Go All)
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To: Arcadian Empire; M_Continuum
The clown judges, Brandon's Media, Democrat politicians and Assistant Democrat politicians can pretend all they want to about vote fraud - but True The Vote has the receipts:

https://www.truethevote.org/news-posts/the-breitbart-article-true-the-vote-update

What We Did

In late 2020, True the Vote engaged a select team of contractors and set out to determine whether widespread ballot trafficking was occurring as part of an organized criminal enterprise.

We'd watched the mass mail out of paper ballots to highly inaccurate voter records, the harried installation of ballot dropboxes privately funded by billionaire tech magnates, and the hundreds of legislative changes, lawsuits, and consent decrees that fundamentally altered election processes. All of it came together in 2020, under the fog of COVID. It was planned. It was purposeful.

Having studied election process for decades, our team was well aware of the pitfalls associated with America's uniquely insecure approach to elections. We knew that attempts to prove certain types of election malfeasance would fail, so we chose instead to focus on the grifts that would necessarily leave trackable, provable data trails.

To test our trafficking theory, we acquired over ten trillion location-based cell signals in major metropolitan areas across six states. Initially, we worked with whistleblowers and witnesses, but soon enough, the data alone told the tale. Using mobile and GPS data, we mapped the travel patterns of ballot traffickers to ballot dropboxes.

This tracking method is explained in great detail by The New York Times in a series they ran called The Privacy Project. They and others have published much about how mobile data was used to track President Trump and identify individuals at the January 6th event at the Capitol. Law enforcement uses this type of data routinely. So, lest anyone say we did anything untoward, let us be very clear, all of this data is regularly bought and sold, about all of us.

What We Found

Our findings reveal overwhelming evidence of ballot trafficking, some of which is highlighted in the article. We have much more.

All our research, including suspected locations where ballots were delivered, processed, and distributed, along with the individual devices associated, has been submitted in the form of a formal complaint, along with all data, to the FBI. Briefings have been provided to state law enforcement and political leadership in several states. These conversations will continue to broaden in the coming days.

We've also acquired over a petabyte of video surveillance data. The quality of this video is inferior overall; lighting is bad, cameras are poorly positioned, timestamps are manipulated, key timeframes are often missing. Nevertheless, we are working video by video, using proprietary AI-based code we've written to screen the over 100,000 clips in our possession. The result? We are successfully finding video evidence that corroborates the digital data and supports the need for full investigations by law enforcement.

Our novel approach offers never before seen insights into the exploitation of America's elections...


15 posted on 11/15/2021 6:36:06 PM PST by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: ducttape45

next judge.

hopefully not political, just fair and competent on the law and Constitution. when we get that, we win.


16 posted on 11/15/2021 7:07:32 PM PST by dadfly
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To: ducttape45

Judges became political and so they are no count to be a judge. Ya can’t make a judgment if you are for or against before you even see the person to be judged.


17 posted on 11/15/2021 7:27:26 PM PST by frnewsjunkie
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To: D Rider

Judges, many scumbags in this camp killing America


18 posted on 11/16/2021 3:16:26 AM PST by ronnie raygun
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To: ducttape45

My guess is that a group even associated with Sidney Powell is going to have a hard time getting a fair shake in court these days.


19 posted on 11/16/2021 3:17:43 AM PST by 9YearLurker
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To: ducttape45

Boy these stinking judges Turtle LET Trump get approved are typical MUSH!!! I guess we should expect nothing more!!!


20 posted on 11/16/2021 3:21:20 AM PST by Trump Girl Kit Cat (Yosemite Sam raising hell)
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