Moot, Really?

Not many people realize how much we are actually winning right now in the aftermath of the lockdowns/scamdemic government overreach. Many lawsuits challenging the current dictator are in the works. Many however have been motioned to be dismissed as moot when the mandates were lifted. Some attorneys threw in the towel, but not NCLA!!! This is a great case for others whose lawsuits are already in the system with the same moot consideration. Use this as the example for future.

The New Civil Liberties Alliance filed a brief opposing the government’s motion to dismiss NCLA’s Vanderstelt v. Biden lawsuit against the Biden Administration’s unconstitutional Covid-19 vaccine mandate for government contractors. President Biden withdrew the mandate in May, but still claims the authority to reimpose it at his whim. NCLA asks the U.S. District Court for the Western District of Michigan not to dismiss this suit against a major abuse of executive power that could resume at any moment, especially as Covid-19 restrictions re-emerge at companies and institutions across the country.

The federal contractor mandate required Plaintiffs to take a vaccine without their consent—and for those with naturally acquired immunity, against the medical advice of experts. This measure disregarded their statutory right to informed consent and trampled on their constitutional rights to bodily integrity and to refuse unwanted medical care. The mandate was one of several administrative actions announced in September 2021 that were aimed at coercing about 100 million Americans to obtain a Covid-19 vaccine, including employees of private companies, healthcare facilities, and the federal government. The government withdrew the federal contractor mandate, so it now claims NCLA’s lawsuit against the mandate is moot. But it simultaneously defends the mandate as perfectly legal. Since Biden could unilaterally reinstate the mandate quite easily, NCLA argues the suit remains contested.

The President cannot exercise such sweeping authority under the guise of “procurement” without clear and explicit congressional authorization. Neither Congress nor the Procurement Act gave the President the power to impose the mandate in the first place, nor re-establish it in the future. Presidential policies prescribed under the Procurement Act are only valid if there’s a “nexus between the regulations and some delegation of requisite legislative authority by Congress.” There has never been one here. Under the “unconstitutional conditions” doctrine, the government may not impair Plaintiffs’ right to refuse medical care through subtle forms of coercion.

The Fifth, Sixth, and Eleventh Circuits affirmed preliminary injunctions against the federal contractor mandate. But no final decision has declared the mandate to be unlawful. The Ninth Circuit, however, held that the contractor mandate was lawful. By keeping NCLA’s lawsuit alive and ultimately ruling against the mandate, the U.S. District Court for the Western District of Michigan can ensure a final court judgment against abuse of executive power.

Washington, DC (August 23, 2023) – NCLA Decries Govt Effort to Moot Suit Against Biden’s Illegal Federal Contractor Vaccine Mandate

The brief NCLA filed is loaded with other mandate cases from 2021 – 2023. These are excellent references for your own case should you have one or are pursuing one. One point to note in the brief is NCLA’s response to Biden’s claim that cessation was voluntary. NCLA states:

… cessation of the vaccine mandate in U.S. Navy SEALs 1-26 was not “voluntary” but rather was required by an Act of Congress that “ordered the military branches to rescind their mandates.” 72 F.4th at 669.

It seems to me the fact that the rescinding was ordered by Congress was only whispered, because it seems no one heard that part. Great to know Congress has done something for us! And even greater is that NCLA is not showing any signs of throwing in the towel!