Posted on by Californiacontrarian

Err … The Forgotten Constitution

From the San Diego Union Tribune on November 29, 2021:

“The way out of this pandemic is through vaccines,” Mayor Todd Gloria said, “and the city of San Diego should lead by example.”

This statement was made after a the San Diego City Council vote

at a special Monday meeting in November, 2021. At that meeting the City Council of San Diego in a pair of 8-1 votes, agreed to move forward with the mandate, which requires employees to show proof of full vaccination or request a medical or religious exemption by the following Wednesday. Non-complaint employees will have 30 days to comply; otherwise they will face termination.

Councilmember Chris Cate cast the dissenting vote.

He said he is vaccinated but believes vaccination should be a choice.”

Wow! A choice! What a novel idea! Whereas I did not know anything about Chris Cate, I wondered if he was the only member of the San Diego City Council who had heard of The Constitution.

In February, 2022 the organization ReOpen San Diego sued the city of San Diego this week over the city’s mandate that all city employees, elected officials, board and commission members and volunteers be fully vaccinated against COVID-19.

The lawsuit was filed in federal court and challenged as unconstitutional and discriminatory the vaccination mandate City Council passed Nov. 29, 2021.

One might ask, “Why bring this up now?”

From the Epoch Times:

“A lawsuit challenging San Diego’s COVID-19 vaccine mandate for municipal employees will move forward after a federal judge on Tuesday, 8/16/22 rejected the city’s request to dismiss the complaint.

U.S. District Judge Gonzalo Curiel said the city’s motion to dismiss did not address recent developments in case law and public health guidance pertaining to COVID-19 public health measures, restrictions and requirements.

Responding to the decision, Arie Spangler, an attorney representing ReOpen San Diego, remarked:

“The majority of governments (and employers) are now backing away from COVID vaccination mandates, the data is showing that the currently available vaccinations do not prevent transmission or infection, and the city has been unable to present any credible authority supporting its position that it has a legal right to require elected officials, board and commission members and volunteers to provide proof of vaccination in order to serve the city.

“The lawsuit also claimed: “The Ordinance and Plan are … blatantly illegal, as they violate the U.S. Constitution and state and local law and offend the foundational principles of democracy.”

Err … Here is that pesky U.S. Constitution again!

Whereas while I believe that the Mayor of San Diego and the eight City Councilmembers who enthusiastically backed this inane mandate back in November, 2021 have little knowledge of The Constitution, they are not alone. What is already happening in many states is that many of these mandates are being judged to be unconstitutional (e.g. New York, Illinois, California, etc.)

However, this fundamental lack of The Constitution goes all the way up the ladder. The previous month, the 5th U.S. Circuit Court of Appeals blocked the Biden administration’s vaccine mandate for federal employees until at least September, when the case will be heard before the court’s full 17-judge panel. Even though President Biden did graduate from law school a million years ago, I do believe that The Constitution was being taught while he was a law student.

Does any doubt that while politics played a large role in many, if not all, of these prior mandates, simultaneously The Constitution was shoved to the back burner, and the following wise words of Benjamin Franklin were forgotten … “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.”

8/23/22

californiacontrarian

124 Replies to “Err … The Forgotten Constitution”

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