Except when it doesn’t.
Some of you may have heard about the case in North Carolina Federal District Court. This case involved the mega pharma company, Merck. Judge Kenneth Bell recently ruled upon the case. The Court announced Bell’s decision yesterday, March 11. Plaintiffs, using a North Carolina state law, argued that Merck failed to adequately warn recipients of the dangers of its HPV “vaccine” Gardasil.
In its defense, Merck argued that at the time of the safety signals’ occurences, the company lacked enough data to “conclusively” (Bold/Italics added) link its garbage — I mean, “vaccine” — to the side effects alleged by the plaintiffs. Uh, huh.
Further, Merck argued that federal law, carried out by the F.D.A., precluded it from sharing these safety signals due to that lack of conclusive data.
You see, it’s like this — according to federal law:
“Federal law requires more than speculative inferences prior to adding dire warnings to lifesaving vaccines that discourage their use,”
Have you stopped laughing over the “lifesaving” part? Then let’s proceed.
The rest of the quote is quite telling, and it forms the basis for the Judge’s ruling. In short, federal law preempts North Carolina State law that requires warnings of potential side effects.
According to federal law — in this case carried out by the F.D.A. — a drug maker’s data on danger signals must be more than “speculative.” It must be “conclusive.” Therefore, Merck was under no obligation — despite the North Carolina law — to add a warning about the potential dangers of their HPV “vaccine,” Gardasil.
Federal law rules — even if it’s a lousy law. Merck wins. The NC plaintiffs lose.
Meanwhile…
I’m sure many of you heard about the recent ruling in that foreign country known as New York State. This case involves the Amish community there.
New York State has a State law abolishing religious accommodation in schools. All schools and for all children. Even Amish children who attend their own schools…separate from the public indoctrination centers — I mean, schools — in New York.
This abhorrent law came into effect in 2019. Since then, the Amish have faced exhorbitant fines. They sued New York State over the denial of religious expression and the imposition of these fines.
The First Amendment and the U.S. Civil Rights Act protect the individual’s right to religious expression. That is the Natural Law. The Constitution via the First Amendment protects it. Federal law — in conjunction with the Constitution — via the U.S. Civil Rights Act protects.
This is why the New York State law is particularly sinister, in my view. What this State law did was leave in place medical accommodation/exemption while removing religious accommodation.
And a three-judge panel in that hellhole of a foreign country just upheld that law. The robed ones just stated with their faces hanging out that this law does not violate the rights of the Amish or the protections they’re due under the U.S. Constitution.
I’ll say it again: The Amish use their own schools. Their children attend their own Amish schools in their own Amish communities.
And three judges on a Second Circuit panel just ruled that the First Amendment, the 14th Amendment, and the U.S. Civil Rights Act1 take second place to a State law!!!
State law rules even if it violates federal law. The State wins. The Amish lose.
So Which Is it???
These rulings came within about a week of each other. Aside from the stunning disconnect here — one ruling says federal law trumps state law and the other that BLATANTLY violates federal law plays second fiddle to State law. So which is it???
This is bad enough, but it reveals something equally distressing.
We see before us uncountable numbers who put legalities before The Law. We see uncountable numbers who put statutes — however badly they suck — before freedom. Before basic human rights. And these…these people in these courts and in these states and across the “fruited plain” are — allegedly — our “fellow ‘Americans.’”
There are people — “Americans” — who for a paycheck will collect those fines or inject those children…
One Last Thing
The Merck ruling yesterday, the 11th? Came out yesterday in Merck’s favor? Know what else came out the same day?
Merck announced the building of a brand new $1 billion, 225,000 square foot “vaccine” manufacturing facility.
Location?
Durham. North Carolina.
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To my knowledge, the Amish argued their case via the free expression clause of the First Amendment and the Equal Protection clause of the 14th. They did not — again, to my knowledge — did not argue their case using the protections of the U.S. Civil Rights Act.
Brilliant!!!
What makes the most sense to me is that local should be at the top of the hierarchy. State next, and Federal at the bottom. It seems insane to me that local government can decide to do one thing, and some bureaucrat 2500 miles distant in the capital of the empire can tell the locals no, you can't do that. That is not democracy, it's tyranny.
However, we let ourselves get into this mess, we let the federal government become all powerful where it can tell state and local governments what to do and what not to do. I believe this is the exact opposite of what the founders of the US had in mind. They wanted a very limited federal government such that most of the powers of government would reside at the state level or with the people. Civil War changed all that. Slavery was the pretense, but the result was that we are now an empire and we are ruled from the capital of the empire. Ugh!