June 10, 2024 • 25 mins
A year after Newsom called for constitutional amendment on gun safety, no other states have joined him. Trump-appointed judges revive lawsuit against Los Angeles schools’ Covid vaccine mandate.
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(00:00):
You're listening to Bill Handle on demandfrom KFI AM six forty. You are
listening to the Bill Handle Show.I was trapped up on KFI AM six
forty and the Morning Crew on aMonday morning, June tenth, and a
(00:21):
whole lot is going on today.President, former President Trump is meeting with
a probation officer and he's doing itvirtually. So it's I'm gonna ask Neil
about this. Excuse me, I'mgonna ask Wayne about this later on.
Okay. Now, I, asyou know, am in favor of gun
(00:41):
control, So we start with that, and I have been since the day
I started broadcasting, since I've beena teenager. So the folks who are
in favor of gun control, itwas started with let's ban guns, let's
ban the sale of guns. Well, of course that doesn't work because there
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is a Second Amendment, and thecourts have been more and more apt to
interpret the Second Amendment as being veryi would say, expansive and ignoring the
first part of the Second Amendment,in the militia part. That part doesn't
(01:23):
matter. It's simply the right tobear arms cannot be abridged. Okay,
So with that, it has gonefrom let's ban guns, which of course
wouldn't work to let's have sensible guncontrol, and that has disappeared because sensible
gun control doesn't exist. Any kindof gun control doesn't exist. So with
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that, let me tell you astory about Gavin Newsom. He was on
the Today Show last June and heannounced that he can convince two thirds of
the state legislature in America to callfor a constitutional convention to adopt national gun
safety laws. The way a constitutionalamendment happens is two thirds of the states
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must vote, and I have tovote for a convention, constitutional convention,
and then that if assuming that passesby two thirds, that goes to Congress,
which has to pass two thirds ofCongress, both sides of the House.
Of course, that's impossible. Incidentally, just to let you know about
constitutional convention, not one of thetwenty seven amendments that were passed has ever
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happened on the state level. It'salways a federal level because Congress can call
for a vote on its own,it can call for a convention where Congress
does it. And so we've hadtwenty seven amendments and they're pretty outrageous.
So he was asked, how doyou get two thirds of the vote of
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the states in this case, it'simpossible. He goes, no, No,
it's possible, because they're referring tothe states. Their constituency demands it.
And then it was pointed out tohim, you know, more than
half of the states are controlled byRepublicans, and there aren't too many Republicans
out that there are in favor ofany kind of gun in control. So
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here we are a year later,and where are the states. Well,
not one state has joined the fightwith Governor Newsom. Not one. You'd
think he'd get at least a couplevery liberal states like New York for example,
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other states that are known as liberalbastions. No, he can't get
half the states, and the inabilityto advance the gun safety proposal beyond California.
By the way, this is Newsomesaying this California, the legislature hasn't
accepted any plan beyond what's already here, and that is, for example,
(04:15):
no assault weapons can be bought orsold. And I think there's an ammunition
ban too on the clips, rifleclips, assault clips, or even hand
gun clips that go beyond what isit ten bullets or twelve bullets. I
don't know because I don't pay attentionbecause I'm not a gun owner as to
the specifics. So what ended uphappening tell me that this isn't particularly political.
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The governor's pitch, of course,had media coverage like crazy. Did
he do it for media coverage?Yeah? And what he did is he
said and he wanted to do somethingabout mass shootings and other gun violence,
and he well, this is iswhat he will deny this, but it
elevated his national profile as a Democrat, as a liberal Democrat, and he
(05:12):
is in the running. There isno question that he is in the running
because look at the choices we haveafter either former President Trump wins or Biden
gets another four years, and thatis look at the choices now usually be
automatic. The vice president gets theshot Kamala Harris. But I got to
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tell you not too many people arepleased with Kamala Harris. I'm not Would
I vote for her? No,Well, it depends who's running, But
immediately I'm going no. Would Ivote for Newsom, No, he's way
way too liberal. Who would Ivote for Pete Boodhagic? Let me ask
(05:54):
you this, a gay man runningfor president. I do you think that
would happen, especially in the DeepSouth. So there are big issues.
So this is very political for Newsome, and it's very difficult to get any
kind of gun control, maybe shortof you can't have an RPG at home
or low grade nuclear weapons because that'syour second Amendment right. It hasn't requiring
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gone quite that far. But almostany other weapon is basically up to assault
weapon now not fully automatic, Iwant to point that out, but it
is not that difficult. Bump stocks, for example, the Supreme Court is
going to rule on that. Rememberthe Las Vegas shooting where sixty eight people
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were killed and hundreds were wounded,and that was because of the bump stock.
Well, here are the politics ofit. So the governor says,
we're going to have a constitutional amendmentand we're going to make it happen because
the constituency across the country wants it, even though the state are having a
problem with it. But it's goingto be so powerful this movement that we're
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going to have our constitutional convention andpass this by Congress. Two thirds of
the states asking for the convention,two thirds of Congress both sides have to
vote in favor of an amendment.So no surprise that that was going to
go no place. But no otherstate, not one has joined Newsome,
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even super liberal states. So forexample, you got a lot of media
coverage, as you can imagine.So let's go through some of the reasons
why this will never happen, andto the extent this will never happen is
breathtaking. Lawmakers at the national andstate level very reluctant to buck the gun
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lobby, which is insanely powerful becausethe gun lobby can determine who is going
to be elected. So you havetwo lobbies. Certainly Donald Trump in the
world of Republicans and can primary anybodyout. And in terms of the general
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you've got the gun lobby. Thegovernor did say he expected slow progress,
maybe twenty years, and he saidno one was naive about this. This
has been done before, but notrecently. It'll have fits and starts,
it'll have champions, it'll have setbacks. It has been done before. Congress
passed an assault weapon bill and itwas ten years it was sunseted. This
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was during the George Bush administration andit was sunseted, which means it ended
ten years later. To have itcome back is impossible, impossible Now,
California lawmakers passed a resolution in Septembercalling for a convention and it went no
place, which lawmakers a few Democrats. So what the governor did? His
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reach out to other states to say, hey, we're in the midst of
passing this, which of course isnot going to pass it. And a
couple of reasons. First of all, some states have part time legislatures,
like every two years they meet andthey don't get paid, so some don't
even meet till next year. Andas a matter of fact, some states
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have already they're done for the nextyear in terms of passing bills. So
that's done. He says, He'shad dozens of conversations with states. So
last year he goes to Idaho tomeet with Democrats and fundraise for Biden.
The minority leader in the state Senate, Melissa Winthrow, says, I never
(09:43):
heard from him, He never calledme. This is the minority leader and
he's reaching out. I don't knowwho he talked to, and Winthrow says,
no, I know this is nevergoing to happen. Doesn't have a
chance. Okay, this is Idahosupermajority, red state, one of the
most conservative in the country. Oneof the strictest abortion bands and so far,
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and let me now give you areality on this, a reality check
in terms of gun control, Idahogun culture is completely ingrained to where Democrats
don't even campaign on the issue.No one even talks about it. All
right, winthrow who is a Democrat, she's a minority leader, introduced legislation
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last year to keep firearms from peopleconvicted of domestic abuse, another bill to
we'll deal with this ting in aminute, this ping, and another bill
to keep firearms from convicted pedophiles,and both bills failed. And here is
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what the gun lobby says. It'snot about pedophiles, it's not about abuse,
it's not about felons having guns.It's about mental illness. That's what's
causing everybody in the country to haveguns. It couldn't even pass, and
back we go to mental illness.Mental illness is the reason people shoot these
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mass shootings. That's what the Republicanssay. And if we took care of
mental illness in this country, ifwe took care of all the mentally ill,
we would not have this problem.And it has reached the point where
this is pizza for everybody on Fridaywhen you run for president of your third
grade class. It is impossible.It will never happen. It is ridiculous,
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especially for conservatives who don't want governmentto spend money, except interestingly enough
when it comes to dealing with thementally ill, because that's the problem with
shootings, that is the issue forthem. What does that mean there will
be there will be no gun control, not sensible gun control. It will
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never happen. And Newsom is outof his mind. He may know he's
out of his mind by the wayhe well, I'm gonna go beyond that.
He does know he's out of hismind in this issue. It is
simply a political ploy. That's it. How many legislators and governors and people
in government now make decisions based solelyon the political aspect of it, having
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nothing whatsoever to do with the realityof passing, have nothing to do with
even putting the country in front ofelections. Not a one, not a
one. Okay, talking about DonaldTrump, But this one has to do
with two judges out of three andNinth Circuit Court of Appeals, even though
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in the Ninth Circuit has I thinktwenty seven judges. Most of the decisions
are done by three Dutch judges.Lower courts have tossed out lawsuits challenging expired
COVID nineteen rules. What does thatmean? That means rules about vaccine mandatory
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vaccines that were filed no longer haveThey no longer have any effect. La
Unified, for example, stopped mandatingvaccines a year ago. And this is
why the judges toss those cases becausethere is a concept in law and I
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always laughed about this, and thatis mootness and fruitness. If a case
is moot it no longer matters,then the judges don't hear it. Also,
you have to have a ripe case. Ripe being there has to be
a real case in controversy in frontof you. This is where the appeals
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court dumped meny years ago in myworld of surrogacy, where I sued the
state of California to undo its spermdowner law. And the court asked me,
because of the failure of fathers wouldbe precluded from being dad's when they
were sperm downers. They have todo with surrogacy. It's very complicated,
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but the court asked me. Iwas in front of the appeals court and
the court asked me, let meask you something is has there ever been
a father who has lost his abilityto claim he's a father under the Sperm
Donor Act? No, there hasn't. What are you doing here? You
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talk to us when you have acase where someone is actually precluded from being
a father. So I got tossed. Appeals court threw me out. In
this case, the lower court saidto those people filing a lawsuit against LA
Unified, saying, we want themandatory vaccines, the vaccine policy thrown out.
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And you would think, okay,but it doesn't exist anymore. It's
moot. That's the other concept ofthe legal appeals process, or even a
lower court. And you know whatthe Ninth Circuit Court did. It reversed
that and said we're going to goahead with that lawsuit. We are going
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to rule or the lower courts haveto rule on this COVID lawsuit even though
it's not a problem anymore, andyou have to rule that it is allowable
under law or not. WHOA Andwhy is this such a big deal.
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It's such a big deal because thecourts usually leave administrative decisions like LA Unified
making a decision as to mandates.They leave administrative agencies school boards. The
EPA OSHA rules. This is allstate zoning laws. They leave those alone
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because their administrative decisions, and thecourts are veryly leary to get involved in
administrative decisions. In case after caseafter case, the courts have said absolutely
not. Occasionally, the court willallow a case that is moot to go
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up. Case in point, themost famous one that I know of is
Roe v. Wade. Now,think about this, Roe v. Wade.
The Row sues, even though shechanged her mind later on, Roe
sues to be allowed an abortion.Well, there is no way the Court's
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going to hear that within nine months. It's impossible. So by the time
the Supreme Court here's the case,she's no longer pregnant. There is no
case there. Remember, a casehas to be ripe, there has to
be a real case in front ofthe court. There is no case in
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front of the court anymore. Howcan they possibly rule on a case that
doesn't exist? And I'll tell youhow, Because in that case, the
court realized that the issue was soprofound, the issue was so important.
The Court said, we are goingto set aside our rule about the case
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being ripe or the case being moot. There's no case. Therefore the whole
concept is moot. Therefore, we'restill going to rule on it because it's
so important, and of course Roev. Wade established the constitutional right to
abortion. Well, the Appeals Court, the three judge panel, has just
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done the same thing, and thatis saying the suit can go forward mandating
LA Unified to not allow or tonot mandate vaccines. And you go,
it doesn't exist anymore. There isno mandate. It's disappeared. I'll tell
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you why the court's ruled that way. It's an interesting story, and the
the courts have gone totally the waythat no one expected except the conservatives.
And it's a court Trump appointed court, at least two of the three who
went that way. Now, Iwant to continue on with this Ninth Circuit
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case where the Ninth Circuit has overturnedthe lower courts in saying a lawsuit against
LA Unified can move forward and itslawsuit allowing employees to sue to prevent future
vaccine mandates. But the mandates don'texist anymore. So how is it that
the court is going to hear acase on a policy that simply doesn't exist?
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Very very rare? Does that happen? I told you about Roe v.
Wade, where they had to rule, and there's no such thing as
ruling on a pregnancy that ends innine months. Impossible. Yet they went
forward and say, this is soprofound, this important is this issue is
so profound, We're going to rule. And out of that comes Roe v.
Wade the constitutionality of your right toabortion. Okay, So the Ninth
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Circuit came up with two reasons whyit said that you can move ahead with
a lawsuit even though there is nomandate anymore. One reason, and by
the way, this has to dowith an individual's right at LA Unified,
but it would be much broader anindividual right to not have be vaccinated.
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And the school district said, ifyou're going to be in front of kids,
you're going to be vaccinated. We'renot going to have you show up
in school. And they say,that's why right not to be vaccinated?
And there is the issue, doesthe school have a right to mandate a
vaccine even though there is no mandateanymore. Well, here's what the judges
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wrote, and this is the majority, two out of three, the two
being of Trump appointees. This caseis different because LA Unified had a pattern
of withdrawing and reinstating the vaccination policies. It went back and forth during the
course of a lawsuit. And therefore, and I'm going to quote the court
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accordingly, LAUSD has not carried itsheavy burden to show there is no reasonable
possibility it will again make a mandateif COVID comes back in any major way,
although it's not going to because wenow have vaccine and we have testings.
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But the court doesn't care. They'resaying that if a policy can come
back. And here's the one thatjust floored me. The court said they
were open to arguments over the effectivenessof the vaccine, and with the court
said, we must accept the plaintiff'sallegation that the vaccine does not work,
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does not prevent the spread of COVIDnineteen. Now, this is only for
the purposes of the lawsuit. It'snot a matter of fact, because the
appeals court doesn't rule on facts,It only rules on procedures. So here
is what they said. This goesback to some evidence, a small minority
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of research that says that COVID doesnot necessarily slow transmission. It protects the
individual, but these vaccines don't necessarilystop the transmission. In other words,
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you can't prove that it goes fromperson to person. You can prove that
it helps the individual who has COVIDor wants to stop or reduce the symptoms,
but it has no proof that itis transmitted. And here's the issue,
and that the transmittle is for thepublic good and the state has a
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right to deal with that. Thestate doesn't have a right to say to
you individually, you can't have avaccine. Of course, you can have
a vaccine. You can have novaccine. It's your individual right. The
point is the school board saying youhave to be vaccinated is because the risk
to other people, and the courtis citing research that says that there really
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isn't a risk to transmit. It'sonly to you. Now here's my question.
Let me tell you how dumb thatis. How do you get COVID
if you don't get it from otherpeople? What it comes out of vacuum?
All of a sudden, COVID hitspeople without transmission. And the evidence
that says it does not transmit,you only get it. It only helps
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you if you get it. Itdoesn't help in terms of the transmission.
I don't get. I don't understand, and the court said this it is
on me quote the plaintiffs or mostimportantly the judges, and the majority said,
there's a centurial law that upholds vaccinerequirement that does not apply unless the
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vaccine is effective in protecting others,not just a vaccinated person. And that's
what they're relying on. There's evidencethat it helps you as an individual.
There's no evidence or there is enoughevidence that it doesn't do anything to stop
transmission. Therefore, we're going tosay that we can go forward with the
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lawsuit. That's it. We cango forward even though no one has COVID
anymore or very few people, eventhough the vaccine works, even though well,
there's evidence that says it doesn't,but it's very small evidence. And
I don't understand what the court isdoing in this case. And it has
to do with a very conservative courtsaying you're right to not be vaccinated.
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Is well, in this case,supersedes the public good, except they're saying
there is no public good here.The vaccine has nothing to do with the
public good. Legally, all itis is an individual. That's what the
Ninth Circuit said. Used to bethe most liberal the appeals court in the
country by a long shot. Boy, those days have changed, mainly because
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former President Trump has put in somany judges who are so conservative. This
is KFIAM six forty Live everywhere onthe iHeartRadio app. You've been listening to
the Bill Handle Show. Catch myShow Monday through Friday six am to nine
am, and any time on demandon the iHeart Radio app.
You're listening to Bill Handle on demandfrom KFI AM six forty. You are
listening to the Bill Handle Show.I was trapped up on KFI AM six
forty and the Morning Crew on aMonday morning, June tenth, and a
(00:21):
whole lot is going on today.President, former President Trump is meeting with
a probation officer and he's doing itvirtually. So it's I'm gonna ask Neil
about this. Excuse me, I'mgonna ask Wayne about this later on.
Okay. Now, I, asyou know, am in favor of gun
(00:41):
control, So we start with that, and I have been since the day
I started broadcasting, since I've beena teenager. So the folks who are
in favor of gun control, itwas started with let's ban guns, let's
ban the sale of guns. Well, of course that doesn't work because there
(01:02):
is a Second Amendment, and thecourts have been more and more apt to
interpret the Second Amendment as being veryi would say, expansive and ignoring the
first part of the Second Amendment,in the militia part. That part doesn't
(01:23):
matter. It's simply the right tobear arms cannot be abridged. Okay,
So with that, it has gonefrom let's ban guns, which of course
wouldn't work to let's have sensible guncontrol, and that has disappeared because sensible
gun control doesn't exist. Any kindof gun control doesn't exist. So with
(01:48):
that, let me tell you astory about Gavin Newsom. He was on
the Today Show last June and heannounced that he can convince two thirds of
the state legislature in America to callfor a constitutional convention to adopt national gun
safety laws. The way a constitutionalamendment happens is two thirds of the states
(02:13):
must vote, and I have tovote for a convention, constitutional convention,
and then that if assuming that passesby two thirds, that goes to Congress,
which has to pass two thirds ofCongress, both sides of the House.
Of course, that's impossible. Incidentally, just to let you know about
constitutional convention, not one of thetwenty seven amendments that were passed has ever
(02:38):
happened on the state level. It'salways a federal level because Congress can call
for a vote on its own,it can call for a convention where Congress
does it. And so we've hadtwenty seven amendments and they're pretty outrageous.
So he was asked, how doyou get two thirds of the vote of
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the states in this case, it'simpossible. He goes, no, No,
it's possible, because they're referring tothe states. Their constituency demands it.
And then it was pointed out tohim, you know, more than
half of the states are controlled byRepublicans, and there aren't too many Republicans
out that there are in favor ofany kind of gun in control. So
(03:29):
here we are a year later,and where are the states. Well,
not one state has joined the fightwith Governor Newsom. Not one. You'd
think he'd get at least a couplevery liberal states like New York for example,
(03:52):
other states that are known as liberalbastions. No, he can't get
half the states, and the inabilityto advance the gun safety proposal beyond California.
By the way, this is Newsomesaying this California, the legislature hasn't
accepted any plan beyond what's already here, and that is, for example,
(04:15):
no assault weapons can be bought orsold. And I think there's an ammunition
ban too on the clips, rifleclips, assault clips, or even hand
gun clips that go beyond what isit ten bullets or twelve bullets. I
don't know because I don't pay attentionbecause I'm not a gun owner as to
the specifics. So what ended uphappening tell me that this isn't particularly political.
(04:43):
The governor's pitch, of course,had media coverage like crazy. Did
he do it for media coverage?Yeah? And what he did is he
said and he wanted to do somethingabout mass shootings and other gun violence,
and he well, this is iswhat he will deny this, but it
elevated his national profile as a Democrat, as a liberal Democrat, and he
(05:12):
is in the running. There isno question that he is in the running
because look at the choices we haveafter either former President Trump wins or Biden
gets another four years, and thatis look at the choices now usually be
automatic. The vice president gets theshot Kamala Harris. But I got to
(05:33):
tell you not too many people arepleased with Kamala Harris. I'm not Would
I vote for her? No,Well, it depends who's running, But
immediately I'm going no. Would Ivote for Newsom, No, he's way
way too liberal. Who would Ivote for Pete Boodhagic? Let me ask
(05:54):
you this, a gay man runningfor president. I do you think that
would happen, especially in the DeepSouth. So there are big issues.
So this is very political for Newsome, and it's very difficult to get any
kind of gun control, maybe shortof you can't have an RPG at home
or low grade nuclear weapons because that'syour second Amendment right. It hasn't requiring
(06:19):
gone quite that far. But almostany other weapon is basically up to assault
weapon now not fully automatic, Iwant to point that out, but it
is not that difficult. Bump stocks, for example, the Supreme Court is
going to rule on that. Rememberthe Las Vegas shooting where sixty eight people
(06:42):
were killed and hundreds were wounded,and that was because of the bump stock.
Well, here are the politics ofit. So the governor says,
we're going to have a constitutional amendmentand we're going to make it happen because
the constituency across the country wants it, even though the state are having a
problem with it. But it's goingto be so powerful this movement that we're
(07:04):
going to have our constitutional convention andpass this by Congress. Two thirds of
the states asking for the convention,two thirds of Congress both sides have to
vote in favor of an amendment.So no surprise that that was going to
go no place. But no otherstate, not one has joined Newsome,
(07:28):
even super liberal states. So forexample, you got a lot of media
coverage, as you can imagine.So let's go through some of the reasons
why this will never happen, andto the extent this will never happen is
breathtaking. Lawmakers at the national andstate level very reluctant to buck the gun
(07:48):
lobby, which is insanely powerful becausethe gun lobby can determine who is going
to be elected. So you havetwo lobbies. Certainly Donald Trump in the
world of Republicans and can primary anybodyout. And in terms of the general
(08:09):
you've got the gun lobby. Thegovernor did say he expected slow progress,
maybe twenty years, and he saidno one was naive about this. This
has been done before, but notrecently. It'll have fits and starts,
it'll have champions, it'll have setbacks. It has been done before. Congress
passed an assault weapon bill and itwas ten years it was sunseted. This
(08:33):
was during the George Bush administration andit was sunseted, which means it ended
ten years later. To have itcome back is impossible, impossible Now,
California lawmakers passed a resolution in Septembercalling for a convention and it went no
place, which lawmakers a few Democrats. So what the governor did? His
(09:00):
reach out to other states to say, hey, we're in the midst of
passing this, which of course isnot going to pass it. And a
couple of reasons. First of all, some states have part time legislatures,
like every two years they meet andthey don't get paid, so some don't
even meet till next year. Andas a matter of fact, some states
(09:22):
have already they're done for the nextyear in terms of passing bills. So
that's done. He says, He'shad dozens of conversations with states. So
last year he goes to Idaho tomeet with Democrats and fundraise for Biden.
The minority leader in the state Senate, Melissa Winthrow, says, I never
(09:43):
heard from him, He never calledme. This is the minority leader and
he's reaching out. I don't knowwho he talked to, and Winthrow says,
no, I know this is nevergoing to happen. Doesn't have a
chance. Okay, this is Idahosupermajority, red state, one of the
most conservative in the country. Oneof the strictest abortion bands and so far,
(10:05):
and let me now give you areality on this, a reality check
in terms of gun control, Idahogun culture is completely ingrained to where Democrats
don't even campaign on the issue.No one even talks about it. All
right, winthrow who is a Democrat, she's a minority leader, introduced legislation
(10:30):
last year to keep firearms from peopleconvicted of domestic abuse, another bill to
we'll deal with this ting in aminute, this ping, and another bill
to keep firearms from convicted pedophiles,and both bills failed. And here is
(10:52):
what the gun lobby says. It'snot about pedophiles, it's not about abuse,
it's not about felons having guns.It's about mental illness. That's what's
causing everybody in the country to haveguns. It couldn't even pass, and
back we go to mental illness.Mental illness is the reason people shoot these
(11:15):
mass shootings. That's what the Republicanssay. And if we took care of
mental illness in this country, ifwe took care of all the mentally ill,
we would not have this problem.And it has reached the point where
this is pizza for everybody on Fridaywhen you run for president of your third
grade class. It is impossible.It will never happen. It is ridiculous,
(11:41):
especially for conservatives who don't want governmentto spend money, except interestingly enough
when it comes to dealing with thementally ill, because that's the problem with
shootings, that is the issue forthem. What does that mean there will
be there will be no gun control, not sensible gun control. It will
(12:03):
never happen. And Newsom is outof his mind. He may know he's
out of his mind by the wayhe well, I'm gonna go beyond that.
He does know he's out of hismind in this issue. It is
simply a political ploy. That's it. How many legislators and governors and people
in government now make decisions based solelyon the political aspect of it, having
(12:31):
nothing whatsoever to do with the realityof passing, have nothing to do with
even putting the country in front ofelections. Not a one, not a
one. Okay, talking about DonaldTrump, But this one has to do
with two judges out of three andNinth Circuit Court of Appeals, even though
(12:52):
in the Ninth Circuit has I thinktwenty seven judges. Most of the decisions
are done by three Dutch judges.Lower courts have tossed out lawsuits challenging expired
COVID nineteen rules. What does thatmean? That means rules about vaccine mandatory
(13:13):
vaccines that were filed no longer haveThey no longer have any effect. La
Unified, for example, stopped mandatingvaccines a year ago. And this is
why the judges toss those cases becausethere is a concept in law and I
(13:35):
always laughed about this, and thatis mootness and fruitness. If a case
is moot it no longer matters,then the judges don't hear it. Also,
you have to have a ripe case. Ripe being there has to be
a real case in controversy in frontof you. This is where the appeals
(13:56):
court dumped meny years ago in myworld of surrogacy, where I sued the
state of California to undo its spermdowner law. And the court asked me,
because of the failure of fathers wouldbe precluded from being dad's when they
were sperm downers. They have todo with surrogacy. It's very complicated,
(14:18):
but the court asked me. Iwas in front of the appeals court and
the court asked me, let meask you something is has there ever been
a father who has lost his abilityto claim he's a father under the Sperm
Donor Act? No, there hasn't. What are you doing here? You
(14:39):
talk to us when you have acase where someone is actually precluded from being
a father. So I got tossed. Appeals court threw me out. In
this case, the lower court saidto those people filing a lawsuit against LA
Unified, saying, we want themandatory vaccines, the vaccine policy thrown out.
(15:07):
And you would think, okay,but it doesn't exist anymore. It's
moot. That's the other concept ofthe legal appeals process, or even a
lower court. And you know whatthe Ninth Circuit Court did. It reversed
that and said we're going to goahead with that lawsuit. We are going
(15:28):
to rule or the lower courts haveto rule on this COVID lawsuit even though
it's not a problem anymore, andyou have to rule that it is allowable
under law or not. WHOA Andwhy is this such a big deal.
(15:50):
It's such a big deal because thecourts usually leave administrative decisions like LA Unified
making a decision as to mandates.They leave administrative agencies school boards. The
EPA OSHA rules. This is allstate zoning laws. They leave those alone
(16:12):
because their administrative decisions, and thecourts are veryly leary to get involved in
administrative decisions. In case after caseafter case, the courts have said absolutely
not. Occasionally, the court willallow a case that is moot to go
(16:32):
up. Case in point, themost famous one that I know of is
Roe v. Wade. Now,think about this, Roe v. Wade.
The Row sues, even though shechanged her mind later on, Roe
sues to be allowed an abortion.Well, there is no way the Court's
(16:55):
going to hear that within nine months. It's impossible. So by the time
the Supreme Court here's the case,she's no longer pregnant. There is no
case there. Remember, a casehas to be ripe, there has to
be a real case in front ofthe court. There is no case in
(17:15):
front of the court anymore. Howcan they possibly rule on a case that
doesn't exist? And I'll tell youhow, Because in that case, the
court realized that the issue was soprofound, the issue was so important.
The Court said, we are goingto set aside our rule about the case
(17:40):
being ripe or the case being moot. There's no case. Therefore the whole
concept is moot. Therefore, we'restill going to rule on it because it's
so important, and of course Roev. Wade established the constitutional right to
abortion. Well, the Appeals Court, the three judge panel, has just
(18:02):
done the same thing, and thatis saying the suit can go forward mandating
LA Unified to not allow or tonot mandate vaccines. And you go,
it doesn't exist anymore. There isno mandate. It's disappeared. I'll tell
(18:22):
you why the court's ruled that way. It's an interesting story, and the
the courts have gone totally the waythat no one expected except the conservatives.
And it's a court Trump appointed court, at least two of the three who
went that way. Now, Iwant to continue on with this Ninth Circuit
(18:44):
case where the Ninth Circuit has overturnedthe lower courts in saying a lawsuit against
LA Unified can move forward and itslawsuit allowing employees to sue to prevent future
vaccine mandates. But the mandates don'texist anymore. So how is it that
the court is going to hear acase on a policy that simply doesn't exist?
(19:11):
Very very rare? Does that happen? I told you about Roe v.
Wade, where they had to rule, and there's no such thing as
ruling on a pregnancy that ends innine months. Impossible. Yet they went
forward and say, this is soprofound, this important is this issue is
so profound, We're going to rule. And out of that comes Roe v.
Wade the constitutionality of your right toabortion. Okay, So the Ninth
(19:37):
Circuit came up with two reasons whyit said that you can move ahead with
a lawsuit even though there is nomandate anymore. One reason, and by
the way, this has to dowith an individual's right at LA Unified,
but it would be much broader anindividual right to not have be vaccinated.
(19:57):
And the school district said, ifyou're going to be in front of kids,
you're going to be vaccinated. We'renot going to have you show up
in school. And they say,that's why right not to be vaccinated?
And there is the issue, doesthe school have a right to mandate a
vaccine even though there is no mandateanymore. Well, here's what the judges
(20:18):
wrote, and this is the majority, two out of three, the two
being of Trump appointees. This caseis different because LA Unified had a pattern
of withdrawing and reinstating the vaccination policies. It went back and forth during the
course of a lawsuit. And therefore, and I'm going to quote the court
(20:40):
accordingly, LAUSD has not carried itsheavy burden to show there is no reasonable
possibility it will again make a mandateif COVID comes back in any major way,
although it's not going to because wenow have vaccine and we have testings.
(21:00):
But the court doesn't care. They'resaying that if a policy can come
back. And here's the one thatjust floored me. The court said they
were open to arguments over the effectivenessof the vaccine, and with the court
said, we must accept the plaintiff'sallegation that the vaccine does not work,
(21:22):
does not prevent the spread of COVIDnineteen. Now, this is only for
the purposes of the lawsuit. It'snot a matter of fact, because the
appeals court doesn't rule on facts,It only rules on procedures. So here
is what they said. This goesback to some evidence, a small minority
(21:44):
of research that says that COVID doesnot necessarily slow transmission. It protects the
individual, but these vaccines don't necessarilystop the transmission. In other words,
(22:04):
you can't prove that it goes fromperson to person. You can prove that
it helps the individual who has COVIDor wants to stop or reduce the symptoms,
but it has no proof that itis transmitted. And here's the issue,
and that the transmittle is for thepublic good and the state has a
(22:27):
right to deal with that. Thestate doesn't have a right to say to
you individually, you can't have avaccine. Of course, you can have
a vaccine. You can have novaccine. It's your individual right. The
point is the school board saying youhave to be vaccinated is because the risk
to other people, and the courtis citing research that says that there really
(22:52):
isn't a risk to transmit. It'sonly to you. Now here's my question.
Let me tell you how dumb thatis. How do you get COVID
if you don't get it from otherpeople? What it comes out of vacuum?
All of a sudden, COVID hitspeople without transmission. And the evidence
that says it does not transmit,you only get it. It only helps
(23:12):
you if you get it. Itdoesn't help in terms of the transmission.
I don't get. I don't understand, and the court said this it is
on me quote the plaintiffs or mostimportantly the judges, and the majority said,
there's a centurial law that upholds vaccinerequirement that does not apply unless the
(23:33):
vaccine is effective in protecting others,not just a vaccinated person. And that's
what they're relying on. There's evidencethat it helps you as an individual.
There's no evidence or there is enoughevidence that it doesn't do anything to stop
transmission. Therefore, we're going tosay that we can go forward with the
(23:56):
lawsuit. That's it. We cango forward even though no one has COVID
anymore or very few people, eventhough the vaccine works, even though well,
there's evidence that says it doesn't,but it's very small evidence. And
I don't understand what the court isdoing in this case. And it has
to do with a very conservative courtsaying you're right to not be vaccinated.
(24:18):
Is well, in this case,supersedes the public good, except they're saying
there is no public good here.The vaccine has nothing to do with the
public good. Legally, all itis is an individual. That's what the
Ninth Circuit said. Used to bethe most liberal the appeals court in the
country by a long shot. Boy, those days have changed, mainly because
(24:41):
former President Trump has put in somany judges who are so conservative. This
is KFIAM six forty Live everywhere onthe iHeartRadio app. You've been listening to
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