Daily Archives: 5 November 2021

A Second Amendment Case

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The Wall Street Journal‘s editors opined on the New York State Rifle and Pistol Association v Bruen, a gun rights vs gun control case currently before the Supreme Court. That case centers on whether New York State gets to allow or not allow a citizen of New York (and so a citizen of the United States) to carry a firearm outside his home based on a bureaucrat’s personal view of the “need” for the citizen to carry.

In the course of that piece, the Editors exposed their own misunderstanding.

Regular citizens in New York face an almost insuperable bar if they want to bear a firearm for personal defense.

There’s nothing in the 2nd Amendment that authorizes Government to specify any purpose, personal defense or other, for an American to keep and bear Arms:

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

On top of that, the 9th and 10th Amendments bar Government from making one up.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

(The courts already have made clear the relationship between this individual right and a Militia.)

Misleading—And Potential Fraud?

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Getting an adverse reaction—of any sort—from an employer-mandated or -encouraged Wuhan Virus vaccination? The Biden-Harris OSHA doesn’t want to hear about it.

The Department of Labor’s pledge Monday to publish an “emergency temporary standard” on COVID vaccine mandates “in the coming days” threatens to worsen the skewed picture federal regulators have been getting from employers for five months.

29 CFR Part 1904 – RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES, among other things as JtN puts it requires employers to “record and report work-related fatalities, injuries, and illnesses[.]” OSHA, though, is exempting employers from reporting Wuhan Virus-related adverse reactions.

And this:

[T]he exemption is a “welcome reprieve to employers” because their insurance could have jumped based on recordkeeping logs of adverse reactions to vaccines, which have “little to no correlation” with an unsafe workplace, [labor lawyer Keith Wilkes of Hall Estill] told Just the News.

Concealing health data from the company’s health insurer could amount to insurance fraud, depending on the terms of the employer-insurer contract. It also could impact negotiations over new or renewed employer-insurer contracts, and fraudulently so if those withheld data are material to the matter being negotiated.

To be sure, OSHA still encourages employees

to file complaints when they believe their employer has exposed them to COVID or is “not taking appropriate steps to protect you from exposure.”

Which, to a candid world, would seem a bit one-sided when the employers are being told by the same OSHA to shut up about adverse reactions.

But that’s the Biden-Harris administration for you.