Can Congress Grant Immunity to Pfizer

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    by Martin Armstrong, Armstrong Economics:

    Any immunity that Congress has pretended to give Pfizer, is highly questionable if it is not in violation of the Seventh Amendment stopping people from their right to claims against Pfizer et al.  Even looking at the PREP Act Immunity from Liability for COVID-19 Vaccinators, it cannot afford immunity for willful misconduct.  What we are dealing with is a statutory grant of immunity to Pfizer and others to create vaccines with immunity.

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    42 U.S. Code § 300aa–22,

    “No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.”

    The 7th Amendment to the U.S. Constitution was intended to protect the right of every American citizen to a trial by a jury of his peers in a civil court case. The writers’ objective in drafting this amendment as an addition to the Bill of Rights was to ensure that the government would not eliminate the practice of trial by jury. The major concern here was that, if trials were decided solely by judges, the judges would, more often than not, side with the government. This would, in turn, give the government too much power. To explore this concept, consider the following 7th Amendment definition.

    There was a federal appeals court that declined to grant an injunction against Indiana University’s vaccine mandate after it was challenged in a lawsuit by students who said it violates their constitutional rights. That was a separate question from what I am raising here.  The Indiana case dealt with only the constitutionality of vaccination mandates. That did not address whether or not the vaccines were ever properly tested and were in fact causing harm.

    We must separate the legal argument for the objection to the mandates were all based on individual rights as in the abortion rhetoric, it’s my body, my decision. The government can generally regulate its own employees, or those it even funds with Medicaid/​Medicare. Hence, that raised the issue of people with valid religious or medical objections. All of that still proceeded upon the basic assumption that the vaccines were legal and caused no harm.

    The Biden Administration virtually conceded that it did not have the constitutional authority to force every American to take the COVID-19 vaccine. Still, the Biden Administration tried to circumvent that constitutional limitation by having the Occupational Safety and Health Administration (OSHA), which regulates within the U.S. Labor Department workplace safety, rather than public health. OSHA’s emergency order required all employers with 100 or more employees to demand that their employees either be fully vaccinated or get a COVID-19 test at least once a week.

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