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When The Fact Finding Supreme Court Fails On The Facts.

(click on image for larger version in new tab.
Courtesy of A.F. Branco at Comically Incorrect.)

It truly was embarrassing. During last weeks Supreme Court hearing on whether the Biden administration’s OSHA vaccination mandate was legal and or Constitutional, three justices made statements that, to be fair, were whoppers of either ignorance or lies.

The OSHA rule was issued after months of President Biden claiming the authority to impose a national mandate and then admitting that he did not likely have such authority.

The OSHA rule was clearly “Plan B.”

Notably, while OSHA had discussed whether it could — or should — issue an “Infectious Diseases Regulatory Framework” covering airborne infectious diseases — long before the advent of COVID — it never did so. When the White House was looking for a workaround of the Constitution, OSHA suddenly found what it now claims to be clear authority.

It is not clear — from either a historical or a statutory perspective.
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Seals Receive Injunction On COVID Jabs.

A Federal judge in Texas has blocked the government for disciplining and or discharging members of the Navy who refuse to receive a COVID vaccine. Specifically, the case dealt with US Navy SEALS who had applied for exemptions based on religious beliefs and were denied, but other secular exemptions that were sought had been granted.

From the Judge’s order:

This case arises from the United States Navy’s mandatory COVID-19 vaccination policy. Plaintiffs are thirty-five Navy Special Warfare servicemembers, including SEALs, Special Warfare Combatant Craft Crewmen, Navy Divers, and an Explosive Ordinance Disposal Technician. Compl. 1, 8–9, ECF No. 1. Together, they sue President Biden, Secretary of Defense Austin, Secretary of the Navy Del Toro, and the United States Department of Defense.

The plaintiffs were suing under the RFRA (Religious Freedom Restoration Act) and the First Amendment and are being represented by the First Liberty Institute.
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COVID, Governments, And Race.

The State governments of New York and Minnesota have brought new criteria into the treatment of the virus – race.

Despite clearly being unConstitutional, both states are now prioritizing people other than “non-Hispanic whites” to receive effective treatment of the virus.

From Eugene Volokh at the Volokh Conspiracy:

From the Minnesota Department of Health’s Ethical Framework for Allocation of Monoclonal Antibodies during the COVID-19 Pandemic (p. 8):

MOH uses the Monoclonal Antibody Screening Score-BIPOC+Pregnant (MASSBP) for MNRAP, which is a score adapted from Mayo Clinic’s published Monoclonal Antibody Screening core (MASS). The MASSBP is calculated as follows, on a scale of 0-25: age 65 years and older (2 points), BMI 35 kg/m2 and higher (2), diabetes mellitus (2), chronic kidney disease (3), cardiovascular disease in a patient 55 years and older (2), chronic respiratory disease in a patient 55 years and older (3), hypertension in a patient 55 years and older (1), and immunocompromised status (4), pregnancy (4), or BIPOC status (2). The Science Advisory Team (SAT) has recommended, and MOH has directed, that sites de prioritize low MASSBP scores in response to appointment scarcity. This means MN RAP has been instructed to begin by deprioritizing access for patients with a MASSBP of 0, and to further be ready to deprioritize MAS5BP=l, MASSBP=2, and MASSBP=3 as scarcity deepens.

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Loyalty.

While funny, we have to wonder if we are heading down this path….





The FDA And COVID.

If there is anything that we can learn from the COVID pandemic is that government agencies have screwed up things along the way and at every turn.

In the above video, John Stossel looks at the FDA telling Pfizer to stop trials on its drug Paxlovid.

In early tests, the drug has shown to reduce the risk of hospitalization and death by 89 percent.

Pfizer went to move on to blind group trials when it was told by the FDA to stop the trials.

The reason?
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Vaccinations Are Infrastructure?

You may have heard of the $3.5 trillion “Infrastructure” Bill that is trying to work its way through Congress.

One of the many concerns has been that there are social programs in the bill that no one, unless you are the Biden administration, considers to be “infrastructure.”

For example:

The resolution instructs to fill the Medicaid coverage gap, providing insurance for those who earn above the threshold to qualify for Medicare in their state, but below the minimum income that makes them eligible for the Affordable Care Act’s tax credit. This could cover up to 2 million adults across the country.
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