Comment from Vanleeuwen , Robert

Robert VanleeuwenOpposeIndividual
Summary: Robert Michael Vanleeuwen opposes the CDC's "riding amendment" that exempts U.S. citizens from the scope of "persons" under the Public Health Service Act during a public health emergency. He argues that the exemption is legally unsupported, ignores the compelling interest of public health, and poses a significant risk to public safety.
SUBJECT: Suspension Orders / Actions Concerning the Public Health Emergency in Africa (CDC-26-0892) (P1) The World Health Organization (WHO) declared a imminent public health emergency on 18 MAY 2026 regarding the latest outbreak of hemorrhagic fever (BYD-Ebola) in Africa (91 FR 31362 [DRC AO]). This spurred immediate response from the United States (U.S.) and its Centers for Disease Control (CDC) who issued suspension (91 FR 29961 [order]; 42 USC § 265 [stat]; 42 CFR § 71.40 [rule]). Homeland Security (DHS) moved same day, activating ISO / quarantine protocol at Washington-Dulles ("IAD") - designating it port of entry for all air traffic (91 FR 29896). At issue is the CDC's riding amendment now exempting U.S. Citizens from the scope of "persons" under the Public Health Service Act (PHSA) (42 USC § 200, et seq. [PHSA]; 42 CFR 71.40(f) [exemption]). I find no authority exists to do so, nor do I agree with its rationale. The stakes as outlined in the 25 JUNE extension could not be higher (91 FR 38441). Addressing this, I move for recall, directing CDC to act accordingly. (P2) Where the sole justification given for exemption rests on the notion that "citizens possess a fundamental constitutional right to enter the United States" (91 FR 31365). ——The term "Bullsh*t" aptly applies (103 Geo. L.j. 1307, 1326 ["does not deliberately lie, but [is] recklessly indifferent to its own truth"]). Though protection of "fundamental rights" may appear to take center stage, CDC has surreptitiously placed the proverbial cart before a horse, in expectation that it "MOO"... Thankfully I need only convey some salient truth here: is not my own health as important as yours? The myriad of constitutional rights implicated by this discussion are inclusive of that requiring equal protection (See 118 US 356, 369 [on pledge of equal protection]), and where your "entry" may spell my end, CDC's application ensures only absurdity prevail. (P3) There exists a "compelling interest" in the defense of public health which by emergent need justifies reasonable "regulation for the protection of society" (25 A.L.R. 2d 1407 § 6(a); 39 Am. Jur. 2d Health § 62 [quarantine & treatment]). A reflected concept (42 USC § 265 ["interest of public health"]). The PHSA codifies this broad authority allowing virtually any action deemed necessary to stem the introduction and transmission of infectious disease (42 USC § 200, et seq.). Still, semantics are convulsive - CDC's wholesale determination of rights has relegated the PHSA to the confines of resident and foreign aliens; a notion itself that should've never left the billyboard. As I have said time and again, "public service is a public trust" - in all we do we must acknowledge not only our "responsibility to the United States Government", but to that of our people (5 CFR § 2635.101 [principles]). Higher still is our moral duty to each other that takes weight... and where we rest exemption on a perceived "right to enter" rather than the very crisis before us, we have surely failed in our obligations. The text could not be any more clear: suspension orders are issued to prevent the "introduction" of "persons or property"... not the "entry" of foreign immigrants (42 USC § 265). See attached P4 &P5 (P6) It is the federal government who bear responsibility for and carry the first line of defense. Broad authority exists for this reason (25 Contemp. Health L. & Policy 83, 86 [federal authority]). Likewise, where an agency has issued "independent" orders in line with the suspension, the CDC is reminded - it is YOU who are commanding authority in all orders and designations issued by those agencies (42 USC §§ 217, 264, 265, 300hh ["control of emergency public health & medical response"]). Responding to inquiry claiming no authority or responsibility in such "distinct" orders is just as negligent as the broad re-class of suspension. It neither invokes trust in or gives appropriate credit to the national response. Let me be clear... this is a roulette wheel of disastrous consequence. It is our loved ones, our children, who will bear the brunt of the failure if we play its odds. ** Let a recall issue and orders proffered in line with this opinion _______________________________ Robert Michael Vanleeuwen Proud Father of Marjorie Linette Ramirez X: rgood905 / BlueSky: rgood905.bsky.social | www.about.me/robert_vanleeuwen/ MARKED FOR: Secretary, Health & Human Services, Robert F. Kennedy Acting Director, Centers for Disease Control, Dr. Jay Bhattacharya

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