From Miletti Law®, the home of the #UnusuallyMotivated movement, we highly appreciate that you, our unusually motivated® readers, take the time to read our trustworthy & distinctive content that aims to keep you informed and educated about the diverse legal and non-legal issues that affect you or your businesses. As usual, our content is featured as videos that are posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. We highly encourage you to subscribe to the channel and sign up for the Newsletter on the website to experience, firsthand, the unusually motivating effect of the knowledge and legal counsel bombs we drop.

Before we dive into the matter of the day, we’d like to bring something to light. For some time now, Vinny Miletti, the founder/owner of Miletti Law® and the #MostJackedAttorneyNYC has been very vocal and active in working with nurses and other medical practitioners who have been pushed to the edge of the cliff as the #Scamndemic’s sadists force them to take the jab or be presumed to voluntarily resign from their jobs. As reflected in the content we’ve created of late, Mr. Vinny Esq. has been incessant and unrelenting in providing legal guidance and counsel on how to prepare claims for those who are opposed to the COVID-19 vaccine and, thus, looking for (1) the medical exemption, (2) the religious exemption, or (3) to object to the vaccine for justifiable personal reasons. So far, we’ve provided legal counsel and guidance on the first two and, therefore, it’s now the turn for those seeking the third option or what we’d call, from a legal point of view, the “Conscientious Objector Argument.”

Accordingly, this blog introduces you to our video titled “The 5 Essential Principles Underlying The Conscientious Objector Argument” and which is accessible through the link provided at the end of this blog. Well, the big words “Conscientious Objector Argument” shouldn’t scare you. Essentially, the whole idea behind the video is the fact that most people oppose on their principles and are absolutely aware that some things are fundamentally wrong. For instance, most people know that the science behind the COVID vaccine is controversial and, thus, not helpful for a virus with a 95% recovery rate. Unfortunately, because of a cognitive dissonance that we’ve embraced so incessantly, people simply disregard it all and act as if it’s summer all day long. This cognitive dissonance also haunts some to a point of being so compliant that they are willing to ignore any sign, science or so much as article that even warns against it, and rather, would seek to compel,  threaten, or force it on others because the media and their Government Overlords simply says that it’s healthy and safe. “Rules for Thee, But Not For Me” as the saying goes!

Without further ado, let’s get down to it.

For starters, this is going to be the hardest option among the three. On the one hand, the medical exemption is easy because there’s a lot of ADA (Americans with Disabilities Act of 1990) Case Law available that have more than likely answered many of these questions, but just in different contexts. In addition, statues such as like the ADA permit “fee shifting” and anyone can get fees and money back on it assuming they prevail. On the other hand, the religious exemption also would not be as challenging because Title VII of the Civil Rights Act of 1964, similar to the ADA, has a fee shifting statute and has lots of case law that speaks to this situation. However, we highly doubt that courts in New York City will ever uphold any of these claims under a conscientious objector standard.  Additionally, while the U.S. Supreme Court has offered guidance in the past, trying to get the same sort of attention from a State Court judge will not yield the same results.  Deflection and neglect is a key characteristic of a State Court Judge, and it is all too easy for them to render a shadow ruling, similar to – “Oh! We can’t opine on this because, you know we can’t question the state and their science” – but which is a technical trick so that they don’t provide an opinion on a given matter. Sweet enough and as you’d expect it, this happens to be the personal favorite bucket for the #UnusuallyMotivated people Mr. Vinny, Esq. I mean… when the neglect is so apparent, and you know 9 out of your first 10 cases are going to be ignored, then what the hell do you have to lose??😊

The five principles derive from the Common Law, Statutory Law & Codified Rights, Case Law, and the New York Court of Appeals, the highest court in the State. Don’t get confused, the Supreme Court is the highest on the federal level, but the Court of Appeal is the highest on the state level.

Here are the five principles, as they are written, in black and white, under the New York Court of Appeals law:

  • PRINCIPLE 1– we have the common law, statutory and codified right in this State, which establishes the right of a competent adult to make a rational decision and determine the course of his or her own medical treatment.
  • PRINCIPLE 2– we have a constitutionally protected liberty interest. This is the right to liberty, right to freedom, and right to decide.
  • PRINCIPLE 3– we have a constitutionally protected right to our bodily integrity.
  • PRINCIPLE 4– we have a constitutionally protected right to resist unwanted bodily invasions (examples of invasions include drug testing, blood work, abortion, etc.).
  • PRINCIPLE 5– as we have a common law, statutory, codified right, and constitutional right to determine what medical treatment we would like, we necessarily have the same common law, statutory, codified right, and constitutional right to REFUSE A TREATMENT.

For your sake, we’ve broken down these principles and developed an mnemonic phrase, the “RLI BIRD” interest, for you so that it would be easier to have them on your fingertips.

This implies that for the purposes of our Conscientious Objector Argument, we have a right to our RLI BIRD (pronounced as ‘really bird’) constitutional protections:

  • R – Refuse Course of Treatment.
  • LI – Liberty Interest.
  • BI – Bodily Integrity.
  • R – Resist Invasions.
  • D – Determine Course of Treatment.

With the “RLI BIRD” in hand, we’re now set to push the Conscientious Objector Argument and, eventually, object to being vaccinated against our will and personal convictions. However, what happens if the government opposes your “RLI BIRD” interest and decides to take action on you? We bet this is most likely to happen because of the scamndemic sadists. First, you need to understand that if the state needs to affect a compelling state interest, then, only in that instance can they infringe on your constitutionally protected rights – now our constitutionally protected “RLI BIRD” interest rights! So, you’d want to ask – what is the standard upon which the compelling state interest is determined? That standard is known as ‘Strict Scrutiny.’

Strict Scrutiny

In a nutshell, the element of strict scrutiny describes the level of scrutiny and analysis that goes into a decision on whether or not the state can violate your constitutional due process rights because of a compelling state interest. In a test for strict scrutiny, the state must show the following:

  • That there was a compelling state interest. As the word suggests, compelling means that the state had an ultimately crucial interest to promote the idea that they could infringe on your constitutional rights and, in fact, do so.
  • The means chosen by the state are absolutely necessary to accomplish the goal. This implies that there was no other way the state would have managed to accomplish this goal.
  • Even if that was the only way to necessarily accomplish their goal, the state must show that it has been narrowly tailored to further the asserted interest.

NOTE: The element of strict scrutiny is designed to ensure that the means chosen fit the compelling goal so closely that there’s little or no possibility that there could be any other kind of motive that the state’s move was illegitimate, ill-intended, or malicious.

From now, let’s all preach the gospel of “RLI BIRD” interest to everyone we meet or interact with and we’ll eventually do it boy and girls!!

We invite you to review our video at https://www.youtube.com/watch?v=8faXPnXrDYA and get it hot and sweet from the horse’s mouth! In the interim, reach us with questions or comments at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.