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Vaccine Mandate Protest Letter

No authorship claim or copyright asserted...this letter just came to me in a bottle, and I have no idea who might have penned it, nor can I possibly vouch for it, and what you fine folks do with it is entirely in your own hands, as the Gentlemen of the Bar remind me I can proffer no general legal advice in the matter, and must officially disclaim proffering any such advice here...edit and excise as you see fit, amend and append as you desire, and claim authorship or anonymity as may best befit you...as always, as you wish...

Dear Boss,

Compelling any employee to take any current Covid-19 vaccine violates federal and state law, and subjects the employer to substantial liability risk, including liability for any injury the employee may suffer from the vaccine. Many employers have reconsidered issuing such a mandate after more fruitful review with legal counsel, insurance providers, and public opinion advisors of the desires of employees and the consuming public. Even the Kaiser Foundation warned of the legal risk in this respect. (https://www.kff.org/coronavirus-covid-19/issue-brief/key-questions-about-covid-19-vaccine-mandates/)

Three key concerns: first, while the vaccine remains unapproved by the FDA and authorized only for emergency use, federal law forbids mandating it, in accordance with the Nuremberg Code of 1947; second, the Americans with Disabilities Act proscribes, punishes and penalizes employers who invasively inquire into their employees' medical status and then treat those employees differently based on their medical status, as the many AIDS related cases of decades ago fully attest; and third, international law, Constitutional law, specific statutes and the common law of torts all forbid conditioning access to employment upon coerced, invasive medical examinations and treatment, unless the employer can fully provide objective, scientifically validated evidence of the threat from the employee and how no practicable alternative could possible suffice to mitigate such supposed public health threat and still perform the necessary essentials of employment.

At the outset, consider the "problem" being "solved" by vaccination mandates. The previously infected are better protected than the vaccinated, so why aren't they exempted? Equally, the symptomatic can be self-isolated. Hence, requiring vaccinations only addresses one risk: dangerous or deadly transmission, by the asymptomatic or pre-symptomatic employee, in the employment setting. Yet even government official Mr. Fauci admits, as scientific studies affirm, asymptomatic transmission is exceedingly and "very rare." Indeed, initial data suggests the vaccinated are just as, or even much more, likely to transmit the virus as the asymptomatic or pre-symptomatic. Hence, the vaccine solves nothing. This evidentiary limitation on any employer's decision making, aside from the legal and insurance risks of forcing vaccinations as a term of employment without any accommodation or even exception for the previously infected (and thus better protected), is the reason most employers wisely refuse to mandate the vaccine. This doesn't even address the arbitrary self-limitation of the pool of talent for the employer: why reduce your own talent pool, when many who refuse invasive inquiries or risky treatment may be amongst your most effective, efficient and profitable employees?

First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed, emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic Act, demands that everyone give employees the "option to accept or refuse administration" of the Covid-19 vaccine. (https://www.law.cornell.edu/uscode/text/21/360bbb-3 ) This right to refuse emergency, experimental vaccines, such as the Covid-19 vaccine, implements the internationally agreed legal requirement of Informed Consent established in the Nuremberg Code of 1947. (http://www.cirp.org/library/ethics/nuremberg/ ). As the Nuremberg Code established, every person must "be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision" for any medical experimental drug, as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).

Second, demanding employees divulge their personal medical information invades their protected right to privacy, and discriminates against them based on their perceived medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).) Indeed, the ADA prohibits employers from invasive inquiries about their medical status, and that includes questions about diseases and treatments for those diseases, such as vaccines. As the EEOC makes clear, an employer can only ask medical information if the employer can prove the medical information is both job-related and necessary for the business. (https://www.eeoc.gov/laws/guidance/questions-and-answers-enforcement-guidance-disability-related-inquiries-and-medical). An employer that treats an individual employee differently based on that employer’s belief the employee’s medical condition impairs the employee is discriminating against that employee based on perceived medical status disability, in contravention of the ADA. The employer must have proof that the employer cannot keep the employee, even with reasonable accommodations, before any adverse action can be taken against the employee. If the employer asserts the employee’s medical status (such as being unvaccinated against a particular disease) precludes employment, then the employer must prove that the employee poses a “safety hazard” that cannot be reduced with a reasonable accommodation. The employer must prove, with objective, scientifically validated evidence, that the employee poses a materially enhanced risk of serious harm that no reasonable accommodation could mitigate. This requires the employee's medical status cause a substantial risk of serious harm, a risk that cannot be reduced by any another means. This is a high, and difficult burden, for employers to meet. Just look at the all prior cases concerning HIV and AIDS, when employers discriminated against employees based on their perceived dangerousness, and ended up paying millions in legal fees, damages and fines.

Third, conditioning continued employment upon participating in a medical experiment and demanding disclosure of private, personal medical information, may also create employer liability under other federal and state laws, including HIPAA, FMLA, and applicable state tort law principles, including torts prohibiting and proscribing invasions of privacy and battery. Indeed, any employer mandating a vaccine is liable to their employee for any adverse event suffered by that employee. The CDC records reports of the adverse events already reported to date concerning the current Covid-19 vaccine.(https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html )

Finally, forced vaccines constitute a form of battery, and the Supreme Court long made clear "no right is more sacred than the right of every individual to the control of their own person, free from all restraint or interference of others." (https://www.law.cornell.edu/supremecourt/text/141/250)

With Regards,
Employee of the Year

XXX

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Squad Votes NO on Iran Bill

For those who missed it live. Squad and 53 democrats vote against Iran terror designation.

00:16:04
Nature is awesome

When life gives you cockroaches, feed the lizards!

(I actually don’t think it’s a cockroach, but we found it in the house and it was on the verge of death, so to the lizard it goes!)

00:01:08
March 05, 2026
Psychic ordered to pay $10 million for defamation

Bet she didn't see that one coming...

00:12:25
February 17, 2024
Appearance on Richard Syrette

I did a quick hit on Richard Syrette yesterday. Gotta keep Canadians apprised of the U.S. madness.

Appearance on Richard Syrette
The Barnes Brief, Podcast Format: Monday, July 17, 2023

Closing Argument: Birthright citizenship is deeply American, and wholly Constitutional.

The Barnes Brief, Podcast Format: Monday, July 17, 2023
Declaration of Independence

Audio podcast style.

Declaration of Independence

“Everybody’s screaming about Iran.

Left vs right. War vs no war. Endless outrage.

Meanwhile, 357 members of Congress quietly voted to keep their own sexual misconduct investigations hidden from the public.

Three hundred and fifty seven.

Doesn’t matter what jersey they wear. Republican. Democrat. Whatever.

When it comes to protecting themselves, they suddenly agree REAL fast.

Funny how that works.

Maybe we should spend a little less time fighting each other and a little more time watching the people we elected.

Because apparently they’re counting on us not paying attention.”

#BenOwen
Founder, We Fight Monsters

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Questions for Bourbon with Barnes: Thursday, March 5, 2026

Ask in replies and answering Live at 9ish eastern tonight.

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The Barnes Brief: Weekend of March 6, 2026

I. INTRODUCTION

A. Art of the Week

  • Roulette wheel, around, around she goes, and where she ends, nobody knows. A line from a film favorite, The Good Thief. Einstein said it could only be beat in infinity, but as the character says in the film — Einstein didn’t believe in luck. The only game of chance I ever care to play, following the wisdom of my former client and old friend, Wesley Snipes: always bet on black. Let luck be a lady, and not abandon us yet. 

B. Recommendation of the Week

C. Wisdom of the Week

  • “If wars can be started by lies, then peace can be started by truth.” Julian Assange. 

D. Appearances

II. THE EVIDENCE 

A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. Trump kills MAGA. https://www.theamericanconservative.com/the-iran-war-has-ended-the-trump-coalition/
  2. Corny Cornyn. https://thefederalist.com/2026/03/05/10-times-john-cornyn-betrayed-trump-and-maga/
  3. Divorce Israel. https://prospect.org/2026/03/05/israel-america-alliance-iran-war-trump-rubio-netanyahu/
  4. Bye-bye One-Eyed McCain. https://unherd.com/newsroom/dan-crenshaw-lost-maga-voters-a-long-time-ago/?edition=us
  5. Delusions in Arabia. https://unherd.com/watch-listen/iran-strikes-expose-israels-permanent-war-doctrine/?edition=us

 *Bonus: Super Honey. https://www.goodnewsnetwork.org/scientists-make-a-super-honey-using-cocoa-bean-waste-for-chocolatey-heart-healthy-jolt/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Wisdom. https://vivabarneslaw.locals.com/post/7745503/here-s-the-simple-calculus-1-if-you-can-t-question-it-it-s-a-psyop-2-if-they-call-you
  2. Art every day. https://vivabarneslaw.locals.com/post/7745081/title
  3. Proverb. https://vivabarneslaw.locals.com/post/7745312/my-conclusion-is-revolution-from-above-only-benefits-those-above
  4. Prayers. https://vivabarneslaw.locals.com/post/7744953/daily-morning-prayer-o-heavenly-father-forgive-us-of-our-sins-and-trespasses-give-president-trump
  5. Said it as well as anyone could. https://vivabarneslaw.locals.com/post/7744989/robertbarnes-epic-fury-nah-more-like-epic-frustration

*Bonus: Chase Hughes truth. https://vivabarneslaw.locals.com/post/7742399/great-quote-by-chase-hughes

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Asylum review. https://www.supremecourt.gov/opinions/25pdf/24-777_9ol1.pdf
  2. SCOTUS: State immunity. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  3. SCOTUS: Trans disclosures. https://www.supremecourt.gov/opinions/25pdf/24-1021_p860.pdf
  4. Massie’s Iran War Resolution. https://www.congress.gov/bill/119th-congress/house-concurrent-resolution/38/text
  5. Trump tariffs challenged. https://www.courthousenews.com/wp-content/uploads/2026/03/dem-attorneys-general-sue-trump-tariffs-complaint.pdf
  6. Noem out. https://x.com/lukerosiak/status/2029613423592452409?s=20
  7. 9th Circuit affirms Trump on refugees. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/25-1939.pdf
  8. 9th Circuit affirms judicial limits on immigration review. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/05/24-4137.pdf
  9. Meta’s not so private glasses. https://www.courthousenews.com/wp-content/uploads/2026/03/bartone-vs-meta-complaint.pdf
  10. Tik Tok sale contested. https://www.courthousenews.com/wp-content/uploads/2026/03/public-integrity-project-tiktok-us-assets-sale-lawsuit-dc-circuit.pdf
  11. Win Against DEI. https://www.campusreform.org/article/judge-blocks-california-dei-speech-mandate/29494
  12. Zoning & county authority. https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2022-01562-SC-R11-CV.pdf.

*Bonus: Psychic fortune telling turns sour. https://www.insidehighered.com/news/quick-takes/2026/03/04/professor-accused-murder-tiktoker-awarded-10m

**Bonus: Uber loses. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/03/04/25-228.pdf

***Bonus: Not so honest sleep gummies. https://www.courthousenews.com/wp-content/uploads/2026/03/perkins-procter-ruling-030526.pdf

III. CLOSING ARGUMENT: The SAVE Act Is Constitutional

  • Article I, Section 3 of the Constitution provides for Congress to regulate Congressional elections, providing that the times, places and manner for holding state rules governing such elections to federal legislative office  “may at any time by law” be altered by Congress. 
  • Article IV, Section 2 provides that citizens of each state must be entitled all the privileges and immunities of citizens in the several states, while Article IV, Section 4 requires the federal government to”guarantee to every state” a “republican form of government.” 
  • Amendment XIV recognizes “the right to vote” for “citizens of the United States,” with Section 5 giving Congress the power to enforce.  
  • Amendment XV recognizes the “right of citizens of the United States to vote”, again affording Congress the power to enforce. 
  • Amendment XIX recognize again “the right of citizens of the United States to vote” and provides Congress the power to enforce.  
  • Amendment XXIV again reinforces “the right of citizens of the United States to vote” with Congress afforded power to enforce. 
  • Amendment XXVI again reinforces “the right of the citizens of the United States to vote” with Congress empowered to enforce. 
  • The Safeguard American Voter Eligibility Act, the so-called SAVE Act, enforces these Constitutional protections and legislative powers. 
  • First, the SAVE Act does not purport to govern anything other than federal elections. 
  • Second, the SAVE Act focuses on limiting voting to “the citizens of the United States” with documentary proof required.
  • As such, the SAVE Act simply enforces the Constitutional protections for citizens the right to vote by assuring their vote isn’t diluted by non-citizens. 
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The Barnes Brief: Friday, February 27, 2026

I. INTRODUCTION

 

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The Barnes Brief: Weekend of February 20, 2026

I. INTRODUCTION

A.  Art of the Week

  • When Picasso painted me before I was born, his portrait of famous patron saint of the arts, Ambroise Vollard. The painting struck my brother when he first saw it in person, as a biographical portrait of yours truly. The intensive, internal self-reflection expresses a true self-recognition. My favorite portrait to this day, even if only of me across the psychic plains of time and space.  

B.  Recommendation of the Week

C. Wisdom of the Week

  • “I am a tariff man, with a tariff plan, standing on a tariff platform.” President William McKinley. 

D.  Appearances

II. THE EVIDENCE

  • A reminder: links are NOT endorsements of the authors or their interpretation of events, but intended to expand our library of understanding as well as expose ideas of distinct perspective to our own. 

A. Barnes Library: Curated Weekly Articles of Interest

  1. 1776 Law Center Survey: War Vote Mirrors Midterms https://www.bigdatapoll.com/blog/democrats-expand-generic-ballot-lead-in-february/
  2. Iran War risk. https://www.theamericanconservative.com/war-on-iran-is-the-opposite-of-realism/
  3. Welfare state fraud. https://www.liberalpatriot.com/p/the-democrats-fraud-problem
  4. Utility battles. https://prospect.org/2026/02/19/blackstone-private-equity-utility-acquisition-new-mexico-public-service-txnm-energy/
  5. Remembering Jessie Jackson. https://www.theamericanconservative.com/jesse-jackson-complicated-man/

*Bonus: Bald eagle rescued. https://abc7ny.com/post/nypd-officers-describe-rare-rescue-trapped-american-bald-eagle-icy-hudson-river-nyc/18616678/

B. Best of the Board: Five Fantastic Posts of the Week

  1. Bill Brown’s comedic relief. https://vivabarneslaw.locals.com/post/7704528/title
  2. Jonathan’s prayer. https://vivabarneslaw.locals.com/post/7704685/morning-daily-prayer-heavenly-father-i-thank-you-for-blessings-everyday-i-thank-you-for-my-beloved
  3. Meme magic. https://vivabarneslaw.locals.com/post/7704745/title
  4. Bountiful art. https://vivabarneslaw.locals.com/post/7704798/title
  5. Board thoughts on Iran war. https://vivabarneslaw.locals.com/post/7700010/board-poll-war-in-iran

*Bonus: Bondi mockery. https://vivabarneslaw.locals.com/post/7703469/spotted-all-over-washington-dc-while-i-normally-don-t-share-the-political-views-of-people-in-dc

**Bonus: Weekly Wisdom. https://vivabarneslaw.locals.com/post/7704649/the-intersection-of-politics-youtube-commentary-and-critical-traffic-infrastructure-https-you

C. Homework: Cases of the Week for Sunday

  1. SCOTUS: Tariffs. https://www.supremecourt.gov/opinions/25pdf/24-1287_4gcj.pdf
  2. Facebook trial. https://courthousenews.com/safety-was-someone-elses-problem-ex-facebook-vp-says-in-teen-social-media-trial/
  3. Jury bias in Musk case. https://courthousenews.com/contempt-for-musk-clouds-jury-selection-in-twitter-takeover-trial/
  4. Amazon death. https://www.courthousenews.com/wp-content/uploads/2026/02/amazon-nitrite-washington-supreme-court-2.pdf
  5. Virginia redistricting stalls. https://www.courthousenews.com/wp-content/uploads/2026/02/tazewell-injunction.pdf
  6. British ex-royal arrested. https://courthousenews.com/ex-prince-andrew-arrested-on-suspicion-of-sharing-sensitive-documents-with-epstein/
  7. Firetruck monopoly. https://www.courthousenews.com/wp-content/uploads/2026/02/mke-v-fire-truck-manufacturers.pdf
  8. ICE churches. https://www.courthousenews.com/wp-content/uploads/2026/02/synod-v-dhs-ice-injunction.pdf
  9. Tina Peters denied bond. https://www.courthousenews.com/wp-content/uploads/2026/02/people-tina-peters-order-bond.pdf
  10. Slushie fraud. https://www.courthousenews.com/wp-content/uploads/2026/02/slush-puppie-forged-email-with-icee.pdf
  11. The HP merger case. https://business.cch.com/ald/USvHewlettPackardEnterpriseCo122025.pdf
  12. Tunney Act Trump DOJ risks. https://prospect.org/2025/07/29/2025-07-29-law-could-blow-open-trump-antitrust-corruption/

*Lobbyist disclosure laws. https://www.law.cornell.edu/uscode/text/2/chapter-26

**Lobbying disclosure guidelines. https://www.senate.gov/legislative/resources/pdf/S1guidance.pdf

***Transanity in Canada. https://vivabarneslaw.locals.com/post/7704549/tribunal-ruling-out-of-british-columbia-canada

III. CLOSING ARGUMENT: Constitution Masterclass Series — Article I, Tariffs

  • Article I, section 7 enumerates the power “for raising revenue” to the legislative branch of Congress, commencing with the House and continuing onto the senate. 
  • Article I, section 8, clause 1 enumerates the power “to lay and collect taxes, duties, imposts and excises” to the legislative branch in Congress. 
  • Article I, section 8, clause 3 enumerates the power “to regulate commerce with foreign nations” to the legislative branch in Congress. 
  • Article I, section  8, clause 5 enumerates the power to “fix the standard of weights and measures” to the legislative branch in Congress. 
  • Article I, section 8, clause 10 enumerates the power to “define and punish” those “offenses against the law of nations” to the legislative branch in Congress. 
  • Article I, section 8, clause 11, enumerates the power to “declare war” as well as “grant letters of marque and reprisal” and “make rules concerning captures on land and water,” to the legislative branch in Congress. 
  • Article I, section 8, clause 18 enumerates the power to “make all laws” that “shall be necessary and proper” for effectuating those other enumerated powers itemized above in the tariff context. 
  • Article I, section 10, clause 2 prohibits states from imposing any imposts or duties on imports or exports except as necessary for inspections. 
  • In aggregate and in particular, the Constitution enumerates to the legislative branch the power to tariff. Hence, any claim of Presidential power to tariff must derive from delegated authorizations issued by Congress. This runs into the NonDelegation doctrine. 
  • Article I, Section I enumerates “all legislative powers” must be exclusively “vested in a Congress” not the executive or judicial branch of government. Thus, the act of a tariff imposition by the President must be both exclusively authorized by Congress and not be a “legislative act” within the meaning of Article I, Section 1. That construction depends largely on the Supreme Court’s construal of it over time, which is beyond the plain text of the Constitution.  
  • Short answer: had Trump stayed strictly within the tariff authorization delegations of Congress, and without looking like “making law” in the process, then his tariffs could win judicial assent. Trump’s failure to follow those guidelines — as advised to do by Commerce Secretary and Epstein Class graduate Howard Lutnick, whose sons profit billions from the court striking down the tariffs — buried his chance at tariff approval by the Supreme Court, unfortunately. 
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