The blockage of the OSHA mandate is encouraging to him, but the ruling on the CMS vaccine mandate, which will continue to be litigated, is a “disappointment.”
“I think the most troubling thing is that the Supreme Court dodged the central matter, which is the Nuremberg issue,” Kennedy told The Epoch Times.
The Nuremberg Code is an international research ethics code that came into being during the trials of the Nazi war criminals after World War II. Its central ideas are voluntary consent and the prohibition of unnecessary, risky, or random experimentation on human beings.
“Can the government’s power force Americans to participate in a medical experiment?” he asked rhetorically.
“These are EUA (Emergency Use Authorization) vaccines, there’s no question they’re experimental. And can a government force people to take experimental products against their will? That should be the central question that we’re asking ourselves in a constitutional democracy. And it was the central concern during the Nuremberg trials.
“It’s a disappointment that the Court would dodge that.”
Kennedy also believes that the Supreme Court is opening the doors to state and congressional powers to intervene in what should be a civil right.
“Clearly, the Supreme Court is inviting the states and Congress to regulate in this space and apparently to cancel out the clear civil right that we have to not participate in medical experimentation.”
The preservation of the CMS mandate, which could affect more than 17 million health care workers, is incongruous to him.
“It’s ironic. We’re forcing health care workers who know what is good for them, who’ve devoted their lives to public health, to submit to a zero-liability medical intervention that they, based upon their experience and judgment believe it to be dangerous,” Kennedy said.