Rams Junkie

NFL Live segment on the Rams just now, here is your summary

Dan Orlovsky said: “Tampa Bay versus Atlanta on tape. The Falcons put an overload on one side. They put 3 defensive lineman on the left and one to th e right which forces communication and pass off up front. You could see the Rams doing that with Aaron Donald in this game. Zone pressure is something the Rams will do, make those tailbacks block a linebacker. The Bucs need to self scout and realize they put some stuff on tape that the Rams are definitely going to challenge. I am interested to see if the Bucs have corrected that.”

Schefter: “McVay’s health concern was described as a stomach bug”

Bucs reporter: “I pointed out to OC Bryon Leftwich you guys have not given up a sack to Donald that last two times you faced him and Leftwich said: Don’t jinx it.”

Brady completed 54% and threw 2 ints in the last game against the Rams last November and he got the ball out fast. Brady had season lows in yards per attempt, completion percentage, completion above expectation and had his 2nd worst off target percentage against the Rams last year. He had 2.34 seconds as an average time to throw which was his second shortest of the season. Brady reported as saying: “This is a tough match up because the Rams don’t give away much pre-snap. They hold disguises really well and they get home quickly on the pass rush so it is difficult to get to the second read.” Brady called Donald “One of the greatest defensive players of all time.”

Stopping Kupp is paramount. The Bus surrendered 145 yards to Kupp in the last time the Bus played the Rams because he is so shifty. The Bucs need better play at the Nickle position which they have not gotten

This is the only game the Bucs are not favored in all season.

Marcus Spears: “Aaron Donald presents quick pressure up the middle which prevents Brady from stepping up. The Rams cause Brady to become a below average quarterback. 99 presents those challenges but it impacts the rest of the defense. It is important that the other pass rushers produce. Aaron Donald is a King Snake.” Spears explained that a King Snake kills a Cobra. And said again: 99 is a King snake

Keyshawn: “Jordan Fuller Taylor Rapp Darious Williams are going to have to hit their assignments in coverage. They are not taking their guys off the field. Jaylen Ramsey we got that, those other guys might not be able to hold up. Its the other guys that have to come to the party.” Dan Orlovsky in response to Key: “Brady has always attacked the middle of the field. He is more aggressive about it now. So those safetys that you mentioned and the linebackers have to protect the middle of the field.”

Blaine Grisak@bgrisakDTR
The Buccaneers have lost five games with Tom Brady under center. In 3/5 of those games, teams have thrown the ball 40+ times. Teams have thrown 30+ in all five and averaged 40.8 pass attempts in wins over TB.

Federal Court: Anti-Vaxxers Do Not Have a Constitutional or Statutory Right to Endanger Everyone Else

* https://www.druganddevicelawblog.com/2021/09/federal-court-anti-vaxxers-do-not-have-a-constitutional-or-statutory-right-to-endanger-everyone-else.html

Today we discuss a putative class action in which the named plaintiffs are a registered nurse who refuses to take a basic precaution to protect her vulnerable patients and a mother who is more interested in displaying her livestock than protecting her neighbors. Brought on behalf of all New Mexico residents who are equally selfish, the plaintiffs sought an injunction barring the state from enforcing a public health order that requires (with limited exceptions) all hospital, nursing-home, assisted-living-facility, adult-day-care, rehabilitation-facility, and prison workers, all employees of the governor’s office, and all who would enter the New Mexico State Fair grounds to be vaccinated against the SARS-CoV-2 virus, which causes COVID-19. The plaintiffs asserted various constitutional and statutory claims. In a thorough and trenchant decision, Valdez v. Grisham, — F. Supp. 3d —-, 2021 WL 4145746 (D.N.M. 2021), a federal district court rejected them all. That is consistent with long-standing precedent and other recent decisions—as we discussed here, here, and here.

The plaintiffs’ first claim was that requiring them to be vaccinated with “experimental” vaccines violated the FDCA. The claim was predicated on the fact that, at the time suit was filed, the three SARS-CoV-2 vaccines available in the United States—the Pfizer/BioNTech, Moderna, and Johnson & Johnson vaccines—had not received full FDA approval and were instead being distributed and administered under Emergency Use Authorizations (EUAs). The plaintiffs claimed that requiring them to be vaccinated violated the terms of the vaccines’ EUAs, which require that those receiving each vaccine be informed of its “benefits and risks” and “of the option to accept or refuse” its administration. 2021 WL 4145746, at *4.

The court rejected the plaintiffs’ FDCA claim.

Implicitly responding to the plaintiffs’ assertion that the vaccines were “experimental,” the court recited at the outset both the extensive testing that each had undergone before the EUAs were granted, including “at least one well-designed Phase 3 clinical trial that demonstrate[d] the vaccine’s safety and efficacy in a clear and compelling manner,” and the fact that “[c]omprehensive data collected since the three vaccines received EUA status demonstrates that they are safe and highly effective in preventing infection and severe illness, and that serious adverse side effects from the vaccines are exceedingly rare.” 2021 WL 4145746, at *1. The court further observed that, “despite Plaintiffs’ protestation to the contrary, the FDA has now given its full approval—not just emergency use authorization—to the Pfizer vaccine” for administration to those 16 and older. Id. at *4. That did not moot the plaintiffs’ statutory claim, however, because the livestock-display-over-human-health plaintiff asserted the claim on behalf of not only herself but also her 11- and 12-year-old children, who were also keen to “show[] their animals” at the state fair. Id. at *2.

Addressing the merits of the plaintiffs’ FDCA claim, the court found that there were none. It explained that although the EUAs issued pursuant to the FDCA require “medical providers” administering the vaccines to inform would-be recipients of the risks associated with each vaccine and their right to refuse it, the EUAs do not prohibit the state from requiring individuals, duly informed by their medical providers, to be vaccinated. Id. at *4. In so holding, the court cited both Bridges v. Houston Methodist Hosp., 2021 WL 2399994, at *2 (S.D. Tex. 2021), which rejected a nearly-identical anti-vaxxer claim on the ground that the FDCA “neither expands nor restricts the responsibilities of private employers” and “does not confer a private opportunity to sue the government,” and a recent Department of Justice Office of Legal Counsel memorandum opinion concluding that the FDCA’s informed-consent provision “specifies only that certain information be provided to potential vaccine recipients and does not prohibit entities from imposing vaccination requirements.”

Having dispensed with their statutory claim, the court proceeded to dispense with the plaintiffs’ constitutional claims—brought under the Due Process, Equal Protection, and Contract Clauses.

Asserting a violation of their right to substantive due process, the plaintiffs alleged that they “‘have [constitutionally] protected liberty interests’ ‘in their right to live without governmental interference,’ their right ‘to bodily integrity,’ their right ‘to raise their children as they see fit,’ and their right ‘to engage in their chosen professions,’ and that because the state’s public health order is ‘not narrowly tailored,’ it violates these substantive due process rights.” 2021 WL 4145746, at *5.

Relying on well-established constitutional precedent, the court explained that a two-part analytic framework applies when a legislative enactment or executive action is challenged on substantive due-process grounds. The first step is to identify the “fundamental liberty interest” purportedly at issue. The second step is to determine whether that interest “is ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty, such that neither liberty nor justice would exist if they were sacrificed.’” 2021 WL 4145746, at *5 (indirectly quoting Washington v. Glucksberg, 521 U.S. 702, 720–21 (1997)). If the asserted liberty interest meets that standard, then the government may not infringe it “‘unless the infringement is narrowly tailored to serve a compelling state interest.’” Id. (quoting Glucksberg, 521 U.S. at 721). If, by contrast, the legislative enactment or executive action “does not implicate a fundamental right,” the action is permissible if it “bear a rational relationship to a legitimate government interest.” Id. (quotation marks omitted).

The court found that the plaintiffs did “not explain how the rights allegedly violated by the [public health order] are fundamental.” 2021 WL 4145746, at *5. “ndeed nowhere,” said the court, did the plaintiffs “address how the right to work in a hospital or attend the State Fair, unvaccinated and during a pandemic, is ‘deeply rooted in this Nation’s history and tradition.’” Id.

In their request for preliminary relief, the plaintiffs relied on “the right to ‘engage in their chosen profession.’” 2021 WL 4145746, at *5. That, however, was no help to them, the court held, because “the Tenth Circuit”—the circuit within which the court sits—”has unequivocally held that the ‘right to practice in [one’s] chosen profession … does not invoke heightened scrutiny.’” Id. (quoting Guttman v. Khalsa, 669 F.3d 1101, 1118 (10th Cir. 2012)). Thus, said the court, “while Plaintiffs may ‘have a right to engage in their chosen professions,’ governmental infringement on this right will be “‘presumed to be valid’” so long as it is “‘rationally related to a legitimate state interest.”’” Id. (quoting Klaassen v. Trustees of Indiana Univ., 2021 WL 3073926, at *17 (N.D. Ind. 2021), in turn quoting City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440 (1985)).

Moreover, said the court, “federal courts have consistently held that vaccine mandates do not implicate a fundamental right and that rational basis review therefore applies in determining the constitutionality of such mandates.” 2021 WL 4145746, at *5. Applying that standard, the court rejected the plaintiffs’ substantive due-process claim, concluding that “[t]he vaccination requirements set forth in the [New Mexico public health order], … grounded in medicine and science, are rationally related to [the state’s] legitimate purpose of protecting our community ‘against an epidemic of disease [that] threatens the safety of its members.’” Id. at *8 (quoting Jacobson v. Massachusetts, 197 U.S. 11, 27 (1905)).

As Bexis did last month, the Valdez court explained that “[w]ith its decision in Jacobson”—which upheld “a Cambridge, Massachusetts regulation that required all adult inhabitants of that city, without exception, to be vaccinated against smallpox”—“the Supreme Court ‘settled that it is within the police power of a state to provide for compulsory vaccination.’” 2021 WL 4145746, at *6–7 (quoting Zucht v. King, 260 U.S. 174, 176 (1922)).

All that is necessary for state action to survive the “rational basis test” is that it bear “a rational relationship to a legitimate government interest.” Glucksberg, 521 U.S. at 721. The Valdez court found that New Mexico’s vaccination requirements did more than that, concluding that “[t]he governmental purpose of stemming the spread of COVID-19, especially in the wake of the Delta variant, is not only legitimate, but is unquestionably a compelling interest.” 2021 WL 4145746, at *7 (quotation marks omitted).

Having rejected plaintiffs’ substantive-due-process claim on the ground that that the New Mexico public health order requiring certain people to be vaccinated against SARS-CoV-2 “meets the rational basis test” (2021 WL 4145746, at *8), the Valdez court quickly disposed of the plaintiffs’ remaining constitutional claims. It concluded that the plaintiffs’ equal-protection, procedural-due-process, and impairment-of-contract claims were also subject to rational-basis review and that they therefore failed for the same reasons as the plaintiffs’ substantive-due-process claim. Id. at *9–11.

Finding that plaintiffs were unlikely to prevail on the merits of their claims, and that the remaining equitable factors likewise cut squarely against them, the court denied the preliminary injunction that the plaintiffs requested.

Onward to full vaccination.

Robert Woods and Cooper Kupp combined for 275 receiving yards in the victory over the Tampa Bay Buccaneers last season. It was a terrific showing from one of the best WR duos pic.twitter.com/CWgiL7ngf4

— RAMS ON FILM (@RamsOnFilm) September 22, 2021

😤🥊 pic.twitter.com/sGGzws8Bd0

— Chris Trapasso (@ChrisTrapasso) September 21, 2021

unclesams

My take on Rams / Colts from attending the game

I sat directly behind the Rams bench in section 114 row 3. I could even hear the players and coaches talking to each other….This is my observations about everything I witnessed:

First of all, Matthew Stafford is already the leader of the team. Players talk to him for information and they listen and follow his lead. Stafford has a cannon and I’m positive he will easily throw for over 5,000 yards and atleast 40 TD’s. Stafford and McVay have serious chemistry as a coach and QB. Immediately after that failed 3rd down and 2 Jet Sweep with Cooper Kupp failed, McVay went up to Stafford and Immediately to him “My bad” on that play call. Stafford audibled on about 7 or 8 plays during the game and every audible was the right call as they all had positive yards. Trust me on this, McVay and Stafford are going to be lights out this year.

Brian Allen is a freakin stud, dude must have put on 20+ pounds and he’s putting the hammer down on defensive tackles. Allen may be the Rams center for the next 6 or 7 years!! Whitworth may be in his 40’s but he’s playing at a very high level. He looked great yesterday and he straight sprints out from the locker room to the Rams sideline. Wouldn’t surprise me if Whitworth is back again next year. He got beat on that one play as his right foot got tangled with the left guard. Online looks great overall.

The WR group is potent and no one is going to be able to contain Cooper Kupp. I think Kupp is faster than he was before he tore his ACL. Tutu Atwell is even smaller than I thought he was. They are going to have to protect him because he is as frail as I’ve even seen any football player at any level. DeSean Jackson was very frustrated yesterday on the sidelines for not being used and playing. I watched him take his shoulder pads straps off around the first part of the 4th quarter as if he knew he wasn’t going to play anymore. Jackson also cursed a fan the fu_k out behind the bench that was haggling him. (His exact words to that fan while shooting him a bird was “Fu_k You Bitc_h”).

The running back trio was as follows, Henderson ran hard and caught a few passes but when Henderson got hurt and Sony Michel took over, it was like apples and oranges. Sony Michel is very smooth and shifty like Cam Akers and he gets positive yards on every carry. He’s alot bigger than I thought he was and I’m shocked the Patriots let him go. If he plays full time in this offense, he would have a 1,200 yard season. Jake Funk is a stud and is no joke on special teams.

On defense the d-line had very good success the way they rotated Players in. Greg Gaines was stuffing the middle and with A’Shawn Robinson in there, there is no more double teaming Aaron Donald. That’s the main reason Donald had 9 tackles yesterday. Aaron Donald was simply abusing Quenton Nelson yesterday one on one, it wasn’t even fair on most snaps.

Our linebackers in my opinion are too small. They are just too light in the ass to take on offensive lineman if they get to the second level and get hands on them. Sébastien Joseph Day is becoming a force to be reckoned with and playing next to Donald is becoming like pick your poison. Leonard Floyd did not impress me yesterday with the salary he received. He needs to put on some weight, he’s too lean to me to take on that right tackle.

The secondary is a bit concerning to me. I’m not sure if it’s just the scheme from Raheem Morris or the players. They are playing too much zone and they are giving way too much cushion to receivers. With our defensive line, Rams CB’s need to close that cushion gap and play some bump and run coverage more often. If they play that lose zone defense come Sunday against Brady, he’s going to touch our secondary. Taylor Rapp may have had 9 tackles yesterday but Taylor Rapp was getting his ass torched yesterday. He’s much slower than I even thought he was and I feel he’s a liability that may end up really hurt us.

Overall the team never panicked yesterday after that botched punt that resulted in a touchdown for the Colts. I watched Stafford calmly get up and said let’s go score a TD, and they did. McVay did not air the ball out yesterday at all and that was a mistake because by 3rd quarter the Colts was slowly moving those safeties closer to the box. The Buccaneers secondary is not that good as even Matt Ryan showed yesterday that you can pass deep on them. I hope McVay has an attacking game plan Sunday and use more no huddle. The Falcons did well in the first half using no huddle and in the second have they abandoned no huddle and that pretty much did them in.

Just wanted to share some insights from my observation yesterday to the forum.

Bucs WR Antonio Brown has been placed on the reserve/COVID-19 list. He would have to have two negative tests 24 hours apart to be eligible to play Sunday at Los Angeles.

— Rick Stroud (@NFLSTROUD) September 22, 2021

NFL on CBS American football@NFLonCBS
Teams to allow 35+ points in 5 consecutive games (longest streak in NFL history):

2020-21 Lions
2007-08 Rams
1948 Chicago Rockets

Nick Kosmider@NickKosmider
Broncos are signing Rams practice squad ILB Micah Kiser, sources tell me and @JourdanRodrigue. Fifth-round pick of the Rams in 2018 is expected to be on the practice field for Denver today.

Jourdan Rodrigue@JourdanRodrigue
Kiser was technically back on the Rams’ PS, so that contract is terminated while he goes to the Broncos’ active roster as a familiar scheme looks for depth. Good fit for Kiser, who kind of became the odd man out as younger guys hit their development curves and Rams keep few ILBs.

PFF@PFF
Jalen Ramsey & Darious Williams haven’t given up a 20+ yard TD since 2019

Sosa Kremenjas@QBsMVP
Fewest pressures allowed this season? Rams w/ 14 (@PFF).

They also rank 14th in rushing yards before contact per attempt at 1.5 (@PFF).

Rams Wire@TheRamsWire
Sony Michel is expected to have a bigger role against the Bucs this week, even if Darrell Henderson Jr. is healthy enough to play.

Sean McVay knew this play would work. Ran it back in 2018 in similar situation #rams pic.twitter.com/UyhMdCPJZk

— QB Film Room (@QbFilm) September 20, 2021

Zooey wrote:

Jared Goff on full display.

Making great throws, making wtf throws, dropping the ball, forgetting to watch the game clock. It’s all here, the good and bad.

You know, Rodgers presence of mind to hurry the snap in order to get a free play on 3rd down contrasts with Goff letting the clock run out on him TWICE in the same game, in the 6th year of his career.

All true.

I still like his wow did you see that throws he makes at times though.

Man this is good by 17 up top👏👏 @Lions pic.twitter.com/YIjBiZWXpL

— Dan Orlovsky (@danorlovsky7) September 21, 2021