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US federal judge overturns Texas ban on school mask mandates

A US federal judge has tossed Texas Governor Greg Abbott’s statewide ban on mask requirements in public schools, ruling that the order put children with disabilities in danger and violated federal law.

In a ruling on Wednesday, US District Court Judge Lee Yeakel said that Abbott’s May executive order – which barred government agencies, including public schools, from mandating face masks – was at odds with the 1990 Americans with Disabilities Act and put children with health conditions at higher risk.

“The spread of Covid-19 poses an even greater risk for children with special health needs,”Yeakel said, adding that the governor’s order excluded “disabled children from participating in and denies them the benefits” of public schools and the “programs, services, and activities to which they are entitled.”

The ruling could affect as many as 5.3 million students in Texas, according to state records.

The decision comes amid a lengthy legal battle over Covid-19 mandates in the state, with the suit over masks in schools launched in August by activist group Disability Rights Texas, which argued that school district leaders, and not the governor, should make decisions for which rules to implement. Before being heard by a federal judge, the case made its way through the Texas Supreme Court, which temporarily sided with the governor, and later the plaintiffs, in a series of rulings earlier this year, though it left the executive order intact.

Texas Attorney General Ken Paxton – who was named as a defendant in the suit alongside the governor and the commissioner of the Texas Education Agency, Mike Morath – said he “strongly disagree[s]” with the ruling, and that his office is now “considering all legal avenues to challenge this decision.” In addition to finding Abbott’s order in breach of federal law, the judge also barred Paxton from enforcing it.

The US Department of Education under President Joe Biden opened a civil rights investigation over the ban on mask mandates in September, informing the state government of the probe after the Texas Education Agency issued a memo saying that “school systems cannot require students or staff to wear a mask.” Similar letters were sent to other states prohibiting mandates, including Florida, Iowa, Oklahoma, South Carolina, Tennessee and Utah. They were each told their policies could be preventing schools “from meeting their legal obligations not to discriminate based on disability and from providing an equal educational opportunity to students with disabilities,” staking out an argument much like the one Judge Yeakel made on Wednesday.

10 States Sue Biden Over COVID-19 Vaccine Mandate for Healthcare Workers

A coalition of 10 states led by Missouri’s attorney general on Wednesday sued President Joe Biden over his administration’s COVID-19 vaccine mandate for healthcare workers.

A federal court has blocked, for now, the administration’s private employer vaccine mandate, but a stricter one for healthcare workers remains in place.

The healthcare worker mandate, which covers over 17 million nurses and others, does not include a testing opt-out.

The coalition says the mandate is unlawful under federal law, in part because the federal government is trying to wrest away compulsory vaccination power that has “always been the province of—and still properly belongs to—the states.”

“Vaccination requirements are matters that depends on local factors and conditions. Whatever might make sense in New York City, St Louis, or Omaha could be decidedly counterproductive and harmful in rural communities like Memphis, Missouri or McCook, Nebraska,” the 58-page filing in federal court in Missouri says. “Federalism allows states to tailor such matters in the best interests of their communities. The heavy hand of CMS’s nationwide mandate does not. This court should thus set aside that rule as unlawful agency action under the Administrative Procedure Act.”

The mandate is poised to exacerbate an already “alarming shortage” of healthcare workers, the coalition said. As proof, they cite Dr. Randy Tobler, the CEO of Scotland County Hospital in Memphis, Missouri. He said that people working in his hospital informed him that if the mandate takes effect, they will not work at the hospital any longer.

Missouri Attorney General Eric Schmitt, Nebraska Attorney General Doug Peterson, and Alaska Attorney General Treg Taylor filed the suit with the attorneys general of Arkansas, Kansas, Iowa, Wyoming, South Dakota, North Dakota, and New Hampshire. All the attorneys general are Republicans.

The Centers for Medicare & Medicaid Service, or CMS, the agency that issued the rule, and the White House did not return requests for comment on the lawsuit.

Epoch Times Photo
A nurse prepares a Pfizer BioNTech COVID-19 vaccination in Los Angeles, Calif., on Aug. 23, 2021. (Lucy Nicholson/Reuters)

The Biden administration says the mandate will curb the transmission and spread of COVID-19, the disease caused by the CCP (Chinese Communist Party) virus. The rule acknowledges that many healthcare workers have recovered from COVID-19 and have some level of immunity as a result. But, citing a Centers for Disease Control and Prevention (CDC) study that was challenged by some scientists, CMS says natural immunity is not allowed as an alternative to vaccination.

CDC officials have acknowledged natural immunity exists but say even those with it can benefit from vaccination. A number of health experts share the view but a host of others say vaccination isn’t necessary among the recovered.

CMS officials say the agency has the legal authority to issue a vaccine mandate through several sections of the Social Security Act, though the rule notes that CMS has never required vaccinations before.

Healthcare facilities that don’t comply with the mandate face a series of penalties, including fines. They could be ousted from Medicare and Medicaid programs, a senior administration official told reporters on a call last week.

One official later explained why there’s not a testing opt-out, a major difference between the rule and the private employer mandate.

“We have a higher bar for healthcare workers, given their critical role in ensuring the health and safety of their patients,” the official said. “And so, it’s either vaccination or an exemption under the rules outlined.”

Trump’s Veteran’s Day Message (Video)

Jordan Peterson Regrets Taking COVID Vax: ‘Stupid Me’

“Why did I get the vaccine, then, if you’re not going to leave me alone?”

QUICK FACTS:
  • Dr. Jordan Peterson—author of 12 Rules for Life and Beyond Orderappeared on The Rubin Report with Dave Rubin where he lamented his decision to receive a Covid-19 vaccine.
  • “I got vaccinated,” Peterson admitted. But he did so with the assumption that authorities would “leave me alone.”
  • “Did that work?” he asked rhetorically. “No. So, stupid me. You know? That’s how I feel about it.”
  • Peterson was frustrated that Canadians such as himself “cannot leave the country” per the country’s coronavirus loackdown measures even if they’ve been vaccinated.
  • “Now I [still] have to get tested for COVID if I come back to Canada. I have to get tested if I leave Canada,” he explained, adding, “Why did I get the vaccine, then, if you’re not going to leave me alone?”
WATCH PETERSON’S COMMENTS:

***Editor’s Note: Warning! Explicit language.***

Jon Fleetwood is Managing Editor for American Faith and author of “An American Revival: Why American Christianity Is Failing & How to Fix It.”

Bayer President Calls COVID Vax ‘Gene Therapy’ (Video)

Stefan Oelrich—member of the Board of Management of Bayer AG and head of the Pharmaceuticals Division, headquartered in Berlin, Germany (here)—appeared at the World Health Summit in Berlin referring to the Covid-19 vaccine as a “gene or cell therapy.”

WATCH:

Southern Baptist Theological Seminary Sues OSHA Over Biden Vaccine Mandate

Southern Baptist Theological Seminary (SBTS) is joining a federal lawsuit against an OSHA ordinance that would require employers to enforce a COVID-19 vaccine mandate.

SBTS president Albert Mohler tweeted the announcement on Friday morning, saying, “Religious institutions must not be turned into instruments of government coercion. That’s why we are taking this action. The @SBTS position is clear. Thankful for @AllianceDefends.”

SBTS, which is located in Louisville, Kentucky, has over 3,300 students and more than 300 employees. SBTS does not have an official position regarding the COVID-19 vaccine itself, though their website does “strongly encourage” employees to be vaccinated.

In his tweet, Mohler provided a link to the Alliance Defending Freedom (ADF), a non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life. ADF said that SBTS filed a lawsuit against the Occupational Safety and Health Administration (OSHA) regarding the Biden administration’s vaccine mandates that require compliance by January 1, 2022. OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard became effective November 5, 2021.

According to the ADF, the mandate requires all private employers who have 100 or more employees to require the COVID-19 vaccination for their workers or weekly COVID-19 testing. The mandate also requires employers to enforce a mask mandate for unvaccinated employees. Those who refuse to comply are subject to termination.

“It is unacceptable for the government to force religious institutions to become coercive extensions of state power,” Mohler said. “We have no choice but to push back against this intrusion of the government into matters of conscience and religious conviction. This institution exists for the purpose of educating ministers for churches. This seminary must not be forced to stand in for the government in investigating the private health decisions of our faculty and employees in a matter involving legitimate religious concerns.”

RELATED: Al Mohler: I Will Be Taking the COVID Vaccine

Asbury Theological Seminary (ATS) is also listed as a petitioner on the federal lawsuit. ATS is a multi-denominational seminary located in Wilmore, Kentucky and has over 1,700 students.

“We are glad to join with Asbury Theological Seminary in taking a stand against government coercion. The fact that the largest U.S. seminaries of the Baptist and Methodist traditions are here standing together against this mandate should send a clear and urgent message to Christians and to the nation,” Mohler said. “I am thankful for the excellent work of Alliance Defending Freedom as they present our petition to the court.”

SBTS’s president has stated that he isn’t against the COVID-19 vaccine. In fact, Mohler announced in December 2020 that he would be taking the vaccine, making that statement before the vaccine was even available. Mohler said that “medical treatment is an extension of God’s common grace, and Christians have always understood this. That is why, throughout history, where you found Christians, you found hospitals and the church treating the sick.”

RELATED: SBC’s IMB Mandates COVID-19 Vaccinations for All Missionaries

Mohler explained that he would encourage others to take the vaccine, but he would not coerce someone into doing so.

ADF lawyers are requesting that the enforcement of the mandate be suspended while legal action moves forward. ADF will challenge the Biden administration’s authority in issuing COVID-19 vaccine requirements on employers, saying it’s unconstitutional.

“The states and religious employers argue that the federal government cannot coerce individuals nationwide to undergo medical treatment, and it lacks authority to conscript employers to compel that result,” their statement reads.

The ADF they is litigating “multiple lawsuits” with regard to vaccine mandates across the country.

Fully vaccinated Matt McConaughey REFUSES to give Pfizer shot to his three kids aged 13, 11 and 8 and says he’s against vaccine mandate for children

  • Oscar-winning actor Matthew McConaughey has said he is against jab mandates
  • McConaughey, 52, said he would not give his children, aged 13, 11 and 8, the jab 
  • Comes after the US CDC officially approved the jab for use on children aged 5-11 
  • Surgeon General Vivek Murthy responded, said Covid was ‘not harmless’ to kids
  • US was one of the first states globally to officially approve jabs for the age group

Oscar-winning actor Matthew McConaughey came out against vaccine mandates for children on Tuesday – even as the father of three revealed he has gotten both shots.

McConaughey, 52, said that while he and his wife are both vaccinated, he doesn’t want to mandate the Covid-19 jabs for children, including his kids – aged 13, 11 and 8.

‘I couldn’t mandate having to vaccinate the younger kids. I still want to find out more information,’ McConaughey said.

McConaughey made his comments days after the US Centers for Disease Control and Prevention approved the Pfizer Inc and BioNTech SE Covid-19 vaccines for children aged 5 to 11 last week.  

The decision has caused a storm of controversy with opponents pointing to the fact there is little evidence to suggest vaccinating children is necessary. 

Data shows Covid poses a low risk to the age group, with children accounting for less than 0.1 percent of virus deaths in America.

The US was one of the first states to officially approve jabs for the 5-11 age group, with most countries, including the UK, only offering vaccines to children 12 and older.  

Matthew McConaughey, shown with his wife three kids and his mother, said he’s not convinced vaccine mandates are necessary for children
Actor Matthew McConaughey said that he was against vaccine mandates for younger kids Tuesday
The Food and Drug Administration authorized the Pfizer shot for emergency use by children aged 5 to 11

McConaughey told writer Andrew Ross Sorkin that vaccinations should be about personal choice in an interview on Tuesday. 

‘I’m vaccinated. My wife’s vaccinated. I didn’t do it because someone told me I had to — [I] chose to do it,’ he said. 

‘Do I think that there’s any kind of scam or conspiracy theory? Hell no. We all got to get off that narrative. There’s not a conspiracy theory on the vaccines,’ he said.

But he added that ‘right now’ he won’t vaccinate his three children against the virus. 

McConaughey also said his family quarantined fairly extensively during 2020 and made use of a ‘heavy amount’ of tests for the virus.

‘I’m in a position though where I can do that, and I understand that not everyone can do that,’ he said.

There have been 680 children under the age 18 who have died from Covid-19 during the pandemic as of November 3, according to the CDC. Many of those had underlying health issues. 

In McConaughey’s home state, 61.9 per cent of Texans have gotten at least one dose of the vaccine and 53.8 per cent were fully vaccinated. Nationally, around 67.5 per cent of Americans have received at least one dose of the vaccine.

Surgeon General Vivek Murthy responded to McConaughey on CNN later on Tuesday, saying that vaccinating children was important because ‘Covid is not harmless’ to them. 

‘Many kids have died. Sadly, hundreds of children. Thousands have been hospitalized, and as a dad of a child who has been hospitalized several years ago for another illness, I would never wish upon any parent they have a child that ends up in the hospital,’ Murthy said.

‘And the vaccines have shown in these trials for children 5 through 11 they are more than 90 per cent effective in protecting our kids from symptomatic infection, and they are remarkably safe as well.’  

Surgeon General Vivek Murthy responded to McConaughey Thursday, saying vaccines were important for kids because ‘Covid is not harmless’ to them
Around 67.5 percent of Americans have received at least one dose of the vaccine

CDC director Dr Rochelle Walensky signed off on a unanimous 14-0 vote to approve the jab for children on N, making approximately 28 million children in the US eligible for the shots. 

It was the final step in the process that will allow injections in young children to begin this week in the United States following weeks of controversy over the vote. 

President Joe Biden last week said the decision was ‘a turning point’ in the battle against Covid-19 and said the administration had secured enough vaccines for every child in America. 

By approving vaccines for five- to 11-year-olds, America becomes one of the first countries in the world to begin vaccinating young children.

China has reportedly started rolling out its own vaccines to three-year-old children, and Chile is vaccinating children aged six and older. Israel, meanwhile, is expected to follow the US’ lead now the CDC has approved the jabs.

However, these countries are currently the exception, with countries still weighing up the risks and benefits of the decision. Most are only vaccinating children aged 12 and upwards. 

In Britain, scientists have warned against officials ‘blindly’ recommending the jabs to young children without weighing up the risks ‘extremely carefully’.

Professor David Livermore, a medical microbiologist at the University of East Anglia told MailOnline in October: ‘Vaccinating children to protect adults via herd immunity is ethically dubious and is scientifically weak.’

There are also still fears about myocarditis, a form of heart inflammation detected in children, mostly boys, in around one in 10,000 cases after vaccination.

Critics say children are better off catching Covid and getting protection naturally because the risk of being admitted to ICU is about one in 500,000.

A ten year old child high fives Pharmacist Colleen Teevan after he received the Pfizer-BioNTech Covid-19 Vaccine for kids at Hartford Hospital in Hartford, Connecticut
Because of the low risk of severe illness, only a third of parents have said they would get their children vaccinated ‘right away’, with a further third saying they would ‘wait and see’. Five percent said they would ‘only if required,’ while 30 percent said ‘definitely not’

There are signs that natural immunity in British youngsters is already slowing the epidemic. But some studies have suggested myocarditis is even more common after Covid infection itself, which complicates the matter further.

While most cases of myocarditis after the Covid jab are mild and treatable, the UK Government’s scientific advisers say the long-term effects of the inflammation is not understood.

Data used to justify the FDA panel’s decision showed nearly 180 children would be expected to suffer from myocarditis for every death the vaccine would prevent if the rollout went ahead.

But the side effect would not be expected to cause any deaths.

The rollout would stop over 200 hospitalizations and a handful of deaths over a six-month period, by comparison.

And the data showed it could stop tens of thousands of infections in the same time.

The Pfizer dose for children is only one-third of the original vaccine for adults and is given in two doses, three weeks apart.

The lower dose was chosen to minimize side effects and still produce strong immunity, Pfizer says, and studies showed that it is about 91 per cent effective against Covid. 

The caps on the children’s vials will also be orange, making them easily recognizable compared to the purple caps on the vials for older groups. 

What are other countries doing about Covid-19 vaccinations for children 

The United States rolled out Pfizer Inc and BioNTech SE Covid-19 vaccines for children aged 5 to 11 last week, with the first jabs administered just minutes after the US Centers for Disease Control and Prevention signed off approval. 

The CDC’s Advisory Committee on Immunization Practices on November 2 unanimously voted 14-0 to recommend the jab for youngsters after it was authorized by the US Food and Drug Administration in the age group on October 29.  

But with many parts of the world still awaiting doses for more vulnerable people, the World Health Organisation has urged countries and companies that control the global supply of the vaccines to prioritize supply to COVAX.

The following is a list of some countries that have approved or are considering vaccinating children:

EU COUNTRIES

  • On Oct. 18, the EU’s medicines regulator said it had started evaluating the use of Pfizer and BioNTech’s COVID-19 vaccine in 5 to 11-year-old children.
  • In June, Denmark said it would offer COVID-19 shots to children aged 12-15 to boost its overall immunity against the virus.
  • France has started vaccinating those from 12 years upwards, provided they have parental consent.
  • Germany in August agreed to make vaccination available to all children aged 12-17.
  • Austria has started vaccinating children aged 12-15.
  • Estonia could start vaccinating teenagers by the autumn, public broadcaster ERR reported, citing the head of the government’s COVID-19 council.
  • Hungary started vaccinating 16 to 18-year-olds in mid-May, according to Xinhua news agency.
  • Italy on May 31 approved extending the use of Pfizer’s vaccine to 12-15 year olds. On July 28, it also endorsed the use of Moderna’s vaccine for 12-17 aged children.
  • Lithuania’s prime minister said the country could start vaccinating children from age 12 in June, news site Delfi reported.
  • Spain begun vaccinating children between 12 and 17 years old around two weeks before the academic year in September, the health minister said.
  • Swedish PM says children aged 12-15 will be offered COVID vaccine later this autumn.
  • Greece in July said children aged 12-15 could be vaccinated against COVID-19 with Pfizer/BioNTech and Moderna shots.
  • Finland’s capital Helsinki in June said it will begin giving COVID-19 vaccines to children aged 12 to 15 who are at risk of contracting a severe coronavirus infection.
  • On July 27, Ireland lowered the age for COVID-19 vaccination to 12 years.
  • Poland started offering COVID-19 vaccines to children of ages 12-15.

EUROPE (NON-EU)

  • On Oct. 19, UK said it will open up COVID vaccine booking service to those aged 12-15.
  • Switzerland approved on June 4 vaccinating 12 to 15-year-olds with Pfizer’s shot, while Moderna’s shot was approved in August for the age group.
  • In September, Norway started to offer one dose of Pfizer and BioNTech COVID-19 vaccine to children aged 12 to 15

MIDDLE EAST

  • In August, Israel began offering a COVID-19 booster to children as young as 12.
  • The United Arab Emirates said in August rolled out China’s Sinopharm vaccine to children aged 3-17. On Nov.1, UAE approved Pfizer-BioNtech shot for children aged 5-11 for emergency use.
  • Bahrain approved Sinopharm COVID-19 vaccine for children aged 3-11 from Oct. 27, while on Nov. 2, the Gulf state approved the Pfizer vaccine for emergency use for children aged between 5 and 11 years.

ASIA-PACIFIC

  • Indonesia on Nov. 1 authorised China’s Sinovac vaccine for children aged 6 and above.
  • Malaysia on Oct. 29 said it would procure the Pfizer/BioNTech vaccine for children aged 5 to 11, following a U.S. expert panel’s recommendation
  • Vietnam will begin inoculating children aged 16 and 17 with parental consent from next month using the Pfizer-BioNTech vaccine.
  • An advisory committee to the Indian regulator recommended emergency use of Bharat Biotech’s COVID-19 shot in the 2 to 18 age-group. The regulator’s nod is awaited.
  • New Zealand’s medicines regulator in June provisionally approved use of Pfizer’s vaccine for 12-15 year olds.
  • Australia said on Sept. 12 it will expand its COVID-19 vaccination drive to include around one million children aged 12-15.
  • China on June 5 approved emergency use of Sinovac’s vaccine for those between three and 17.
  • Hong Kong said on June 3 it would open its vaccine scheme to children over the age of 12.
  • Singapore opened up its vaccination programme to adolescents aged 12-18 from June 1.
  • Japan on May 28 approved the use of Pfizer’s vaccine for those aged 12 and above.
  • The Philippines on May 26 decided to allow the Pfizer-BioNTech’s vaccine for emergency use in children aged 12-15.
  • Jordan in July begun vaccinating children aged 12 years and older against COVID-19.

AMERICAS

  • The COVID-19 vaccine by Pfizer-BioNTech will be the only one used in Mexico for at-risk children aged 12-17.
  • Brazil on June 11 approved use of Pfizer’s vaccine for children over 12.
  • On Sept. 6, Chile approved the COVID-19 vaccine produced by China’s Sinovac Biotech Ltd for use in children over 6 years of age.
  • U.S. FDA has authorized the Pfizer vaccine for children aged 5 to 11 years. CDC Director Rochelle Walensky must make her recommendations before it can be rolled out.
  • Canada in early May approved use of Pfizer’s vaccine for use in children aged 12-15 but the decision for children between 5 an 11 years is not likely to come before mid- to end-November.
  • Cuba’s vaccination campaign includes children as young as two.
  • On Sept. 13, El Salvador cleared the use of COVID-19 vaccine in 6 to 11-year-old children. (https://bit.ly/30RiKe7)
  • Argentina is vaccinating children as young as three with Sinopharm COVID-19 vaccine. (https://bit.ly/3miSiCD)
  • Ecuador’s vaccination includes kids as young as six with the China’s Sinovac vaccine
  • Columbia is offering Pfizer, AstraZenenca, Moderna, Sinopharm and J&J’s COVID-19 vaccines for children 12 years and above
  • Costa Rica is vaccinating 12 years and above

AFRICA

  • South Africa will start vaccinating children between the ages of 12 and 17 next week using the Pfizer vaccine

Parents sue to oust chair of bathroom-assault school’s board

A school board meeting in scandal-hit Loudoun County, Virginia devolved into a shouting match after parents revealed they had obtained more than the necessary 2,000 signatures to remove the board’s chair.

Parent group Fight for Schools has obtained several hundreds more signatures than required to remove Brenda Sheridan, the head of the Loudoun County school board. They filed suit on Tuesday to remove the offending official, who hails from the Sterling district, and threatened to remove several of her cronies as well.

From violating open meetings law to ignoring the school board’s code of conduct to neglecting to keep our children safe, all for her activist causes, Sheridan has been nothing short of a disaster as the so-called leader of Loudoun County Public Schools,” Fight for Schools executive director Ian Prior declared in a statement on Tuesday.

The petitions charge the targeted officials “focused board attention on open bathroom policies, renaming schools, removing class rank, issuing special proclamations… and other issues unrelated to the core issue of a safe environment that is focused on an education program of high quality.”

Prior told the media his organization was “looking forward to the next steps and replacing school board members that are political servants with non-partisan public servants who will put the focus back on excellence in education.

To remove an elected official in Virginia, a petitioner must obtain 10% of however many votes were cast in the previous election to that office. The Sheridan-linked petition was safely over the line, representing 152% of last election’s voters. Other officials named by the organization, including Atoosa Reaser, Ian Serotkin, and Denise Corbo, were all targeted with signature numbers significantly over what was needed to remove them.

Local parent Megan Jenkins warned the remaining members against trying to resign to save face, as former board member Beth Barts did earlier this month.

Addressing the four remaining alleged offenders, parent Megan Jenkins noted that 100% of required signatures for the petitions had already been obtained. “So I’m not going to encourage any of you to resign because when you are recalled and removed from office, it will be much more satisfying,” she said.

See you in court.

Scandal erupted in Loudoun County after a “gender-fluid” student was discovered to have sexually assaulted children at two schools, with the district transferring him to another school rather than go public with the crime. The unnamed 15-year-old offender has since been convicted of the first assault and is awaiting trial on the second. Loudoun County has meanwhile become the site of a cultural tug-of-war, with parents who want a traditional education for their children accusing the school boards of pushing what they say is “critical race theory” on their kids, and demanding accountability for the apparent cover-up of “transgender crime.”