The United States Supreme Court is scheduled this week to take up two cases critical to the survival of President Joe Biden’s executive orders mandating, separately, that businesses that employ more than 100 people and healthcare workers all be vaccinated against the novel coronavirus commonly called COVID-19.
Advancing American Freedom, an organization founded by former Vice President Mike Pence, announced Monday it had filed an amicus brief opposing the vaccine mandate and in support of the petitioners’ requests for a stay.
In its amicus, AAF argues that OSHA’s vaccine mandate published as an “Emergency Temporary Standard” is a means to “shortcut normal rule-making requirements” established by Congress and should be stayed in order “to prevent the irreparable harm to Americans, to jobs, to constitutional governance, and to our cherished freedoms.”
The mandates are a thorny issue, pitting the individual’s freedom of choice against the government’s responsibility as regards the general welfare of the American people. Most observers expect the court to rule against the Biden mandates but only because that’s what the tea leaves say a conservative court should do.
“America is about freedom and the ability to make the best decision for your family or business, and Joe Biden’s vaccine mandate must be stopped in its tracks in order to preserve freedom, protect American livelihoods and businesses, and to safeguard our constitution,” Pence said. “Joe Biden’s vaccine mandate is not the American way.”
Most other conservative commentators seem to be siding with Pence. Comments published Monday by highly regarded author Andrew McCarthy – a former chief assistant U.S. attorney – on the National Review website, echoed some of the points the former vice president made.
“Very simply, Biden is in violation of the Constitution. We have a republic, not a monarchy, and there is nothing inherent in the executive power conferred by Article II that authorizes the Biden decrees. So, the president lacks even arguable authority to coerce people into being vaccinated absent statutory authorization. Indeed, I must say “arguable” because it is doubtful that even Congress itself has power to force private citizens to submit to an invasive medical procedure, much less to delegate that authority to the executive branch,” McCarthy wrote.
The Biden workplace mandate is scheduled to take effect soon, affecting as many as 84 million working Americans. Last Thursday the administration asked the Court to leave the mandates intact because they were essential to helping public health officials contend with the continued number of COVID-19 cases still spreading across the United States.
Amid rising inflation, an ongoing border crisis, and a stalled legislative agenda, Biden is looking for someone to blame.
few days after the 2020 presidential election, President-elect Joe Biden pledged to be “a president who seeks not to divide but to unify,” a theme he’d campaigned on. “Let this grim era of demonization in America begin to end here and now,” he said in his victory speech. “It’s time to put away the harsh rhetoric, lower the temperature, see each other again, listen to each other again.”
So much for all that. As Biden’s first year in office comes to a close, he has proven to be one of the most divisive presidents in generations, surpassing even Donald Trump in his vindictiveness and willingness to demonize Americans who disagree with him — even if it means lying about COVID-19.
Consider the events of the past few days. Following a White House briefing last Thursday on the spread of the omicron variant, Biden said, “We are looking at a winter of severe illness and death for the unvaccinated — for themselves, their families, and the hospitals they’ll soon overwhelm.”
The next day, White House COVID response coordinator Jeff Zients repeated this line, saying, “We are intent on not letting omicron disrupt work and school for the vaccinated. You’ve done the right thing, and we will get through this,” he said. “For the unvaccinated, you’re looking at a winter of severe illness and death for yourselves, your families, and the hospitals you may soon overwhelm.”
So that’s the official administration line: opened schools and businesses for the vaccinated and “severe illness and death” for the unvaccinated, who will overwhelm hospitals with the omicron variant and, by implication, bear responsibility for the pandemic from here on out.
It’s one of the most bizarre and appalling statements from a presidential administration in American history, breathtaking in its dishonest scapegoating and shocking in its callous disregard for the millions of Americans who have decided, for reasons of their own, not to get the Covid shots.
Bullying these people will not persuade them, and neither will lying about the omicron variant. There’s no evidence right now that omicron is going to bring “severe illness and death,” or that it’s even going to cause a surge in hospitalizations. The evidence so far suggests just the opposite.
In South Africa, where omicron first emerged last month, hospitalization rates have fallen by 91 percent amid the current wave. Just 1.7 percent of all Covid patients were admitted to a hospital in the second week of the omicron surge, compared to 19 percent in the same week of the delta surge, according to South African health officials.
What’s more, the omicron variant appears to be milder than earlier strains of Covid-19. “We are really seeing very small increases in the number of deaths,” said Michelle Groome, head of health surveillance for South Africa’s National Institute for Communicable Diseases. Others have also noted a decoupling of new Covid cases and deaths in South Africa, whereas in past surges they have been closely aligned.
More evidence of this decoupling comes from the United Kingdom, where Covid deaths haven’t surged along with a rising case count from omicron. Indeed, there is no data anywhere to suggest that the omicron variant is anywhere near as deadly as previous strains of the virus, or that it causes more severe illness. The data so far show just the opposite.
Indeed, if omicron is a more contagious but also a milder strain (as we would expect with a mutating virus in a pandemic), then it makes sense that cases would surge but severe illness and death would not.
Here in the United States, that appears to be what we’re seeing so far: a surge of new cases but a slight decrease in hospitalizations. So instead of freaking out about omicron, prognosticating death and doom for the unvaccinated, maybe it’s time to do what some states, like Florida and Texas, have been doing all along: work to protect the most vulnerable and prevent deaths, ensure hospitals don’t get overwhelmed, and keep schools and businesses open.
In other words, manage the pandemic, which at this point is looking increasingly endemic. (Even The Atlantic has at last come around to this way of thinking — except for science writer Ed Yong, who bizarrely canceled his own birthday party over omicron. Sad!)
So much for Biden’s dishonesty about what a winter surge of the omicron variant will bring to the United States. What about his callousness and contempt for unvaccinated Americas?
It’s hard to imagine a message more calculated to divide the country than what Biden’s White House has put out, essentially diving Americans into an ingroup of vaccinated and an outgroup of unvaccinated, then blaming the entire pandemic on the outgroup — including whatever happens this winter.
The only possible explanation for such messaging is that Biden feels his presidency is in chaos and his legislative agenda has stalled out. If that’s the case, he’s not wrong. Over the weekend, Sen. Joe Manchin, D-West Virginia, announced he won’t support Biden’s Build Back Better legislation, a massive entitlement expansion that would cost some $5 trillion over the next decade. It was the signature piece of Biden’s agenda, and now it’s dead.
On the border, illegal immigration is still surging at historic levels, with the promise of another surge and an ever-deepening crisis this coming spring. Biden has done his best to ignore the crisis, even as a growing number of Americans say they disapprove of his handling of the border.
The economy is struggling, inflation remains high, and Biden’s popularity is sinking to dangerous lows just a year into his presidency. So his last resort, it seems, is to scapegoat the unvaccinated.
Never mind that many of the unvaccinated have already gotten and recovered from Covid, and have foregone the shot because they have natural immunity (a reality that never seems to factor into the Biden administration’s pandemic policies or messaging). Never mind that some people, having seen over the course of nearly two years that Covid is not as dangerous as the media and political elites have made it out to be and that Covid treatment has vastly improved, have assessed their risk and decided not to get the shots.
Never mind any of that. For Biden, blaming the unvaccinated is a way to deflect from the manifest failures of his administration on almost every other important issue.
These are not the actions of a great “unifier,” or even a marginally competent leader. After his inauguration, Biden embraced comparisons to Democratic presidents like Franklin D. Roosevelt and Lyndon B. Johnson, who enacted titanic government welfare programs amid great changes in American society.
But more apt comparisons, at this point, would be to inept 19th-century presidents like Franklin Pierce and James Buchanan, one-termers whose blundering tenures were marked by chaos, division, and dangerous incompetence.
By Aron Ravin•
New York City mayor Bill de Blasio’s ability to govern terribly is second to none. He has overseen a historic crime spike coinciding with a drastic decline in community–police relations. The homelessness crisis remains unaddressed, and drug abuse runs amok in the city. So when he manages to outdo himself, the man deserves some serious applause.
De Blasio recently announced that residents will be required to provide proof of vaccination to gain entry into “indoor dining, indoor fitness facilities, indoor entertainment facilities.” Already, even Democrats are identifying the myriad problems this policy poses.
For one, it’s an egregious encroachment on liberty. The nanny state (city?) is saying that it is within its power to segregate private facilities, so long as it is an issue of public health. Hopefully, this does not set some sort of precedent. Imagine if municipalities had had this authority during the height of the AIDS scare: “No admission unless you have proof that you are HIV-negative.” It’s a colossal privacy concern that can easily double as a political weapon.All Our Opinion in Your Inbox
But the shark most ominously lurking in the waters is the different rates of vaccination among demographic groups. Only about 40 percent of African Americans in New York City have received at least one dose. Among Latinos, the number is higher (63.5 percent) but still nothing to boast about. Conveniently, the health department does not publicize the statistics of vaccination for non-Hispanic whites. But if New York follows the trend in other liberal cities such as Portland, Ore. (and I see no reason why it would not), non-Hispanic white people are likely overrepresented among the vaccinated. This sounds like a rather inequitable policy, Mayor de Blasio. More black and brown people getting denied service than white people? That’s what could easily ensue.
The hypocrisy of de Blasio never ceases to astonish. No one has forgotten his grotesque double standard when he kept houses of worship shut down as he personally marched in the massive, superspreader riots that engulfed the city last summer. The argument for allowing those mostly peaceful protests, however, was that the cause of the activists was so important, so just, that they simply had to be permitted. The inequities, the systemic racism, of America just had to be addressed. But vaccine passports are inequitable, are they not?
If it was not completely clear before, it is now. De Blasio and the other politicians taking notes from him do not actually care about lofty leftist ideals like equity. They demand obedience to their ill-considered rules. It shows that they merely desire power.
The rapid spread of the COVID-19 delta variant has spooked people who thought the pandemic had ended. Policymakers have called the rise in new infections associated with the strain first encountered in India alarming even though the data suggest strongly the latest variant strain, while perhaps easier to contract, is far less lethal than the original.
Like the disease for which it is named, America’s COVID crisis continues to evolve. The end of the lockdowns in most states has people back to work, unmasked, and happy – even as some public health professionals are urging a renewed mandate to put them back on. All that, combined with the lack of clarity coming from groups like the National Education Association and American Federation of Teachers means that no parent can be sure the schools run by the government will offer full-time, in-class instruction when and if they reopen in the fall.
All this could have been avoided if the rush to lockdowns had been slowed and while greater thought was given to a plan to segregate out and protect the most vulnerable populations which, it has been lost on some people, does not include K thru 12 school-age children. Given the difference in approach to containing COVID taken by the governors of red states compared to those who lead blue states, it is not surprising to learn Democrats are hoping that masks and vaccines not yet approved for children under the age of 18 will be mandated before schools are allowed to return to pre-COVID instruction.
According to a recent survey by Rasmussen reports, just over a third of all Americans said they believed children should have to be vaccinated for COVID before they can return to the classroom. Of those, more than half – 56 percent – were Democrats. Only 29 percent of Republicans agreed.
The data, Rasmussen reports said, showed a “strong correlation” between support for masking children and for forcing them to be vaccinated. “Among Americans who think schools should require children to wear masks to protect against the coronavirus, 68 percent also think schools should require children to get the COVID-19 vaccine. Among those who oppose schools requiring children to wear masks, 79 percent are also against schools requiring children to get the coronavirus vaccination.”
The split along party lines on the issues is clear. Majorities of Republicans (61 percent) and independents (52 percent) said they opposed a vaccine requirement. Likewise, on the issue of masks, 58 percent of Democrats said they thought masks should be required as part of the basic back-to-school outfit while only 27 percent of Republicans thought this would be a good idea. Almost two-thirds of GOPers – 60 percent – and as well as a plurality of independents, the polling firm reported, said they were opposed to the mandatory classroom masking in K thru 12 classrooms.
The pollster found white Americans “slightly more in favor of schools requiring children to get the COVID-19 vaccine than blacks or other minorities” while blacks were “more supportive” than whites or other minorities regarding a requirement children wear masks. And that upper-income Americans were more in favor of requiring children to get vaccinated, with 48 percent of those earning $200,000 a year or more “favoring mandatory vaccination” while just 36 percent of those earning less than $30,000 a year agreed.The survey of 1,000 U.S. American Adults was conducted on July 13-14, 2021. The margin of sampling error is +/- 3 percentage points with a 95 percent level of confidence.
Is China weakening US intellectual property protection?
There is a global effort afoot to get the United States to suspend intellectual property rights (IP) for any and all COVID-19 medical innovations. Interestingly, China is a big backer of this global effort and has been using the World Trade Organization (WTO) to put pressure on the US. The Biden Administration fairly predictably is now backing the China backed pressure campaign. The communist Chinese state-controlled media has praised President Biden for giving into “global pressure.”
The US can certainly help the rest of the world deal with the COVID virus. Humanitarian efforts are about helping save lives, not giving the Chinese regime billions in intellectual property. The US now has a surplus of vaccines and we have the supply chain and the manufacturing set up to continue pumping out the vaccine for the rest of the world. If China and others wanted access to the vaccine as quickly as possible, that’s already available to them — all they need to do is ask.
But stealing the IP of those who invested billions in developing it won’t help the rest of the world because it would take them a year, or two, or more to set up the manufacturing process and organize the supply chains to replicate what the US is currently is able to do. If nations need help to deal with the virus, it isn’t in a year or two — it is now. So what the WTO and China are pushing for won’t help them solve any immediate problem or save lives. But it will help the communist Chinese regime access billions in research and development which they can use to undercut American jobs and innovation for decades to come.
So that’s how you know the global effort isn’t about helping vaccinate the world. It is about stealing the IP rights of American innovators. China has made a living stealing American IP and it has not only harmed us economically, but it has also endangered our national security. And one thing that the Chinese regime is very good at is using every tool at its disposal to weaken America and seek its own long-term advantage. If we don’t wake up to this, we will live to regret it.
If people are interested in helping those around the globe get vaccinated, let’s do that. But why is stealing IP part of that discussion? Especially, since it won’t provide any vaccinations for a year or more from now. But will be used by hostile regimes to undermine American innovation and American jobs.
The bottom line is that suspending intellectual property rights is bad policy. It does nothing to help those around the globe who need a vaccine right away. And it also undermines American medical innovation, and American jobs. Plus, under our Constitution, the government may not unilaterally take the property of its citizens without just compensation. The Constitution specially provides for the protection of intellectual property. And that is why America has been the world’s greatest engine of innovation. Let’s not kill the goose that lays golden eggs.
The very reason American pharmaceutical companies were able to provide vaccines so quickly to deal with the COVID-19 virus is because our system of intellectual property told them that investing billions of dollars in finding a cure was a good idea. If we remove that, future innovations and future discoveries will be far less likely. If we hope to continue to find new earth-breaking cures for cancer, Alzheimer’s, diabetes, etc, and new vaccines for the next horrible disease, we had better keep our intellectual property protections strong.
There is a why the United States leads the world in innovation — we’ve historically had the most robust intellectual property protections. As we’ve allowed those protections to slide, we’ve seen our innovation advantage start to slide as well. So rather than abrogating IP rights, we should be strengthening and reinvigorating them.
This global initiative to pressure the US into voluntarily destroying its system of intellectual property protections would be very costly — not only the US, but to the entire world because our innovation ultimately benefits the entire globe. Let’s hope Congress puts a stop to this foolishness. The Biden Administration has already caved in and signaled its willingness to compromise American law and American strength. Sure, America can, and should help the rest of the world. No one is suggesting that we hide the vaccine or prevent it from other nations or peoples. But using the pandemic as an excuse to kill off American IP protections and violate US law is akin to a beggar demanding access to your home equity loan when asking for help to buy dinner. You offer him a nice meal, and he says, “No, I want your home equity loan! Don’t you want to help a guy down on his luck?!” Beware, it’s a scam!
By The Hill•
Americans are anxious to get back to work and to send their children to school. The science backs them up. We have learned a lot over the past months, and we are putting that knowledge to use. We are capitalizing on the advanced capabilities that we have developed, as we redouble our efforts to protect vulnerable populations and deliver new and effective treatments in record time.
Here’s what we now know:
We know who is at risk. Only 0.2 percent of U.S. deaths have been people younger than 25, and 80 percent have been in people over 65; the average fatality age is 78. A JAMA Pediatrics study of North American pediatric hospitals flatly stated that “our data indicate that children are at far greater risk of critical illness from influenza than from COVID-19.”
We may see more cases as social interactions pick up, because this is a contagious disease. However, the overwhelming majority of cases are now occurring in younger, low-risk people — decades younger, on average, than seen in the spring. And the vast majority of these people deal with the infection without consequence; many don’t even know they have it.
While we saw more cases in July and August, we are not seeing the explosion of deaths we saw early on. An analysis of CDC data shows that the case fatality rate has declined by approximately 85 percent from its peak.
That is partly because we are much better now at protecting our most vulnerable, including our senior citizens. States have learned from those that experienced outbreaks before them, and they have implemented thoughtful policies as a result.
We are doing much better with treating hospitalized patients. Lengths-of-stay are one-third the rate in April; the fatality rate in hospitals is one-half of that in April. Fewer patients need ICUs if hospitalized, and fewer need ventilators when in ICUs.
We are progressing at record speed with vaccine development. This is due to eliminating bureaucracy and working in partnership with America’s world-leading innovators in the private sector.
Despite these gains, our economy has yet to fully reopen. At least 16 states have travel warnings and quarantines in place that are not consistent with Centers for Disease Control and Prevention (CDC) guidelines; in most states, retail stores are limited to pick-up or reduced shopping capacity. Even in states where cases are low, restaurants are often take-out only, and 42 states and territories have seating capacity limited to 25 percent or 50 percent. Fitness centers and gyms have largely reopened, but at reduced capacity.
Beyond those business limits, schools in many cities and states will be opened this fall on a delayed or limited basis. According to the U.S. Department of Education’s tracking, of 5,425 major school districts (about one-third of districts nationwide), almost half plan to operate on hybrid models and another 20 percent plan to operate online-only. That not only harms children, it prevents many parents from working.
A key – but flawed – assumption driving these restrictions is that the number of cases is the most important metric to follow. Yet, whatever effect these restrictions may have on cases, they don’t eliminate the virus. And they impose harms on the country and its citizens, particularly when they require the isolation of large segments of the low-risk and healthy, working populations.
Unlike his critics, who have focused on the wrong goal and engaged in unfounded fear-mongering, President Trump has been implementing a three-pronged, data-driven strategy that is saving lives while safely reopening the economy and society, averting the disastrous calamities of continued lockdown.
First is protecting the high-risk group with an unprecedented focus. This is being done by relying upon highly detailed, real-time monitoring; a smart, prioritized, intensive testing strategy for nursing home staff and residents; deployment of massive extra resources, including point-of-care testing, personal protective equipment (PPE), infection control training and rapid mobilization of CDC strike teams for nursing homes; and extra PPE and point-of-care testing for the environments with elderly individuals outside of nursing homes, like visiting nurse in-home care and senior centers.
Second, we are carefully monitoring hospitals and ICUs in all counties and states with precision to prevent overcrowding, and rapidly increasing capacity in those few hospitals that may need additional personnel, beds, personal protective equipment (PPE) or other supplies.
Third, we are leveraging our resources to guide businesses and schools toward safely reopening with commonsense mitigation measures. We must safely reopen schools as quickly as possible, and keep them open. The harms to children from school closures are too great to accept any other outcome.
While the lockdown may have been justified at the start, when little data was known, we know far more about the virus today. It’s time we use all we have learned and all we have done to reopen our schools and our economy safely and get back to restoring America.
Congress just passed an economic package designed to inoculate the American economy from the devastating impacts of the coronavirus. At the same time, medical experts are working around the clock to develop treatments to help people recover from the virus as well as vaccines to prevent it from infecting people in the future.
There is some concern that once the current emergency has passed the coronavirus could make a comeback each year like the flu itself. Developing a vaccine therefore will likely be a key part of preventing the future spread of this virus.
Dr. Anthony S. Fauci, now famous for his role in the daily White House COVID-19 briefings, has been the Director of the National Institute of Allergy and Infectious Diseases since 1984. Dr. Fauci has overseen research during his tenure to prevent infectious diseases like HIV/AIDS, tuberculosis, malaria, Ebola, Zika, and now the Coronavirus. He recently emphasized how critical safety is when developing new medicines noting:
“The issue of safety is something I want to make sure the American public understands…Does the vaccine make you worse? You can get a good feel for that in animal [testing].”
Dr. Fauci makes the important point — science, medical ethics and human decency require animal testing for safety so that in our attempt to help, we don’t accidentally make things worse.
But there are voices that oppose Dr. Fauci. They oppose sound science. They oppose medical ethics. And they oppose basic human decency. One such group, the poorly named “People for the Ethical Treatment of Animals” (PETA), oppose any and all animal testing and have tried to shut down testing and testing facilities.
PETA has mounted a pressure campaign to get airlines to not transport medical research animals. Unfortunately that means they are standing in the way of ethical and legally required research that will stop the coronavirus (and other diseases like cancer, diabetes, and heart disease) from killing those we love.
PETA’s president and co-founder, Ingrid Newkirk, admitted: “Even if animal research resulted in a cure for AIDS [or cancer or other horrible diseases], we’d be against it.” PETA’s supporters have filed comments with the Department of Transportation hoping to shut down any medical research with animals by blocking their transportation. One representative comment said: “Stop experimenting on animals. Experiment on your children and mothers instead.” Then the commenter called those who reject the idea of mothers and children being used in medical testing “a bunch of barbarians.” Let that sink in for a moment. These people are unhinged extremists and their political agenda is dangerous!
Rather than stand up to these radicals some U.S. airlines, like United, have willingly accepted their demands hoping to avoid social media attacks on their brand. They now refuse to assist American research companies – the very companies we now are relying on to develop a cure for COVID-19 – in transporting badly needed research animals.
This comes despite PETA’s own horrible track record on animals. For example, in Virginia, PETA activists were charged with criminal animal abuse. It turns out that animals that were intended for adoptions were abused and then killed in 95.3% of cases— for an entire decade! Simply put, PETA’s moral compass is broken. Whether you’re talking about human lives or animal lives, PETA cannot be trusted.
Now, America needs reliable, ethical medical research more than ever before. We need to ensure that we have the desperately needed medical treatments to cure those suffering with coronavirus, and in the near future safe, effective vaccines to provide immunity. PETA stands in the way and hopes to prevent this important progress. And the airlines that have caved to PETA’s pressure campaigns unwittingly harm America and put us all at greater risk.
Given that Americans have just provided billions in financial relief to the airlines, it isn’t too much to ask that the airlines help those doctors and scientists working to find cures by not caving in to PETA’s pressure campaigns. And for the record, the airlines aren’t asked to deliver medical animals for free. Medical research facilities pay top dollar and the airlines can collect hundreds of millions of dollars transporting medical animals to research facilities. So, not only could airlines make some additional money at a challenging time, but they could help America find the cures that we desperately need.
America’s best research facilities are racing to find cures, vaccines, and treatments to combat the Coronavirus. But if researchers cannot test these cures — in a supervised and ethical way — tens of thousands of people could die. And long after the coronavirus is gone, the need to find other cures will persist.
Therefore, we must stand up to the extremists at PETA. And we must demand that airlines stop caving to PETA’s pressure campaigns. Americans have helped the airlines — and now it is their turn to show that they want to help America by facilitating the transportation of medical research animals.
by Peter Bernad, MD, MPH, FACP
In the past, this syndrome was invariably caused by an infection of 1 of the 3 types of polio virus. The mere mention of polio virus raises concerns among the American population, as well as physicians who are used to practicing in the 1950s into the 1960s. There are illnesses that clinically resemble polio virus infection that is polio, which may be caused by other Enteroviruses. These include Coxsackie viruses groups A and B, Japanese Encephalitis Virus, West Nile Virus, and now the cases of acute flaccid myelitis seen in children. There have been a number of deaths reported nationwide. This particular illness is thought to be related to an Enterovirus 68. That link is still being confirmed. Continue reading