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Vawter’s filings included a Complaint, and several pages of evidentiary Exhibits.
The WHO declared a massive "Phase 6 Influenza Pandemic", even though only a few hundred people worldwide had so far died of this swine flu virus, and when far more people die each year of regular flu.
Five Justices – the Chief Justice and Justices Kennedy, Scalia, Thomas, and Alito – all rejected that argument.
But the government still won, because a different set of five Justices – the Chief Justice, and Justices Ginsburg, Breyer, Sotomayor, and Kagan – agreed that the mandate was constitutional, but for a different reason.
In his view, the mandate creates activity, rather than regulating it.
If the Court were to interpret the Commerce Clause the way that the government does, he contended, it would allow Congress to regulate all kinds of new things – including forcing people to buy vegetables (with no specific reference to broccoli, however).
Vawter believes that as the truth of the dangers of flu vaccines continues to become known, banning the forced use of them will eventually succeed on a worldwide basis.