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January 2022

Leftist Supreme Court Justices Abandoned The Law And Made Up Facts By Ted Noel, M.D.

https://www.americanthinker.com/articles/2022/01/leftist_supreme_court_justices_abandoned_the_law_and_made_up_facts.html

In Supreme Court arguments on the OSHA COVID Vaccination Mandate case, the “Wise Latina” revealed at least Sixth Degree Stupidity for all to see. One should not casually suggest that a graduate of law school who has ascended through the ranks to the highest Court in the land is stupid. But that is the inescapable conclusion her performance requires. For those who missed the demonstration of her upward failure, we must present the details. But first, we must look at the question the Supreme Court is supposedly trying to address.

Justice Kavanaugh granted the emergency appeal in NFIB v OSHA, and limited it to legal issues only:

Whether the Occupational Safety and Health Administration’s Interim Final Rule: COVID-19 Vaccination and Testing; Emergency Temporary Standard, 86 Fed. Reg. 61402, violates the Religious Freedom Restoration Act of 1993 or the First Amendment.

This is a question of law. It does not in any way address how many of what sort of patients tested positive, became ill, were hospitalized, placed in the ICU, required a ventilator, or died. Those are medical questions and are outside the legal “Question Presented.” This is more than a technical distinction. The Supreme Court grant of certiorari specifically states what it will hear arguments about. Briefs for the appeal must address those arguments. But Justice Sotomayor must have missed that detail in law school.

Exporting Our Worst Product: Wokeness by A.J. Rice

https://issuesinsights.com/2022/01/10/exporting-our-worst-product-wokeness/

Is “woke” the new abnormal?

Something America ought to export to other — more normal — societies? Because it’s been such a success in America? Like Crystal Pepsi and the Ford Edsel? 

George Mason University economics professor Tyler Cowen thinks so. Wrote so, in a recent column for Bloomberg News. He also wrote a book about “The Self-Defeating Quest for the American Dream.”

But what does he mean by that?

Historically, it has been taken to mean the opportunity to pursue one’s dreams, workwise and otherwise. To build the kind of life that suits — on the merits. 

To live — and let live.

For the Woke, this is a nightmare.

Wokeism is about ending that dream — and replacing it with a collective nightmare, in which almost everyone is a victim and those who aren’t are the victimizers. A world in which who you are is defined by who you look like, who you sleep with — and above all, the politics you espouse. It is a world of plural first-person pronouns and the fungibility of objective reality; of homogenous “diversity” — and you’d better not question it.

Biden administration guidance prioritizes race in administering COVID drugs Kyle Morris

https://www.foxnews.com/politics/biden-administration-guidance-prioritizes-race-administering-covid-drugs

Guidance issued by the Biden administration states certain individuals may be considered “high risk” and more quickly qualify for monoclonal antibodies and oral antivirals used to treat COVID-19 based on their “race or ethnicity.”

Older age, obesity, pregnancy, chronic kidney disease, diabetes, and cardiovascular disease are among the multiple medical conditions and factors associated with what are considered “high risk” individuals by the FDA.

Some states, including New York and Utah, have made it clear they will prioritize certain racial minorities over other high-risk patients when it comes to the distribution of particular COVID treatments.

Last week, New York’s Department of Health released a document detailing its plan to distribute treatments such as monoclonal antibody treatment and antiviral pills.

The plan includes a section on eligibility for the scarce antiviral pills that people must meet to receive the treatment, including a line stating a person needs to have “a medical condition or other factors that increase their risk for severe illness.”

One such “risk factor” is being a race or ethnicity that is not White due to “longstanding systemic health and social inequities.”

Omicron Makes Biden’s Vaccine Mandates Obsolete There is no evidence so far that vaccines are reducing infections from the fast-spreading variant. By Luc Montagnier and Jed Rubenfeld

https://www.wsj.com/articles/omicron-makes-bidens-vaccine-mandates-obsolete-covid-healthcare-osha-evidence-supreme-court-11641760009?mod=opinion_lead_pos5

Dr. Montagnier was a winner of the 2008 Nobel Prize in Physiology or Medicine for discovering the human immunodeficiency virus. Mr. Rubenfeld is a constitutional scholar.

Federal courts considering the Biden administration’s vaccination mandates—including the Supreme Court at Friday’s oral argument—have focused on administrative-law issues. The decrees raise constitutional issues as well. But there’s a simpler reason the justices should stay these mandates: the rise of the Omicron variant.

It would be irrational, legally indefensible and contrary to the public interest for government to mandate vaccines absent any evidence that the vaccines are effective in stopping the spread of the pathogen they target. Yet that’s exactly what’s happening here.

Both mandates—from the Health and Human Services Department for healthcare workers and the Occupational Safety and Health Administration for large employers in many other industries—were issued Nov. 5. At that time, the Delta variant represented almost all U.S. Covid-19 cases, and both agencies appropriately considered Delta at length and in detail, finding that the vaccines remained effective against it.

Those findings are now obsolete. As of Jan. 1, Omicron represented more than 95% of U.S. Covid cases, according to estimates from the Centers for Disease Control and Prevention. Because some of Omicron’s 50 mutations are known to evade antibody protection, because more than 30 of those mutations are to the spike protein used as an immunogen by the existing vaccines, and because there have been mass Omicron outbreaks in heavily vaccinated populations, scientists are highly uncertain the existing vaccines can stop it from spreading. As the CDC put it on Dec. 20, “we don’t yet know . . . how well available vaccines and medications work against it.”