This appeared in the Wall Street Journal:
The author of the piece is Dr. Luc Montagnier, who won the 2008 Nobel Prize for Physiology or Medicine for discovering the human immunodeficiency virus.
This is not some fringe kook that can be dismissed as an unreliable source. Although then again, the media has attempted to discredit and marginalize the man who literally invented mRNA vaccine technology, Dr. Robert Malone, so you never know.
But by the media’s own standards, Dr. Montagnier is an Expert, a Reliable Source, a Scientist and a Doctor of the highest order. And since we are told to Listen To The Experts, then we must listen to what Dr. Montagnier has to say:
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.
Irrational, legally indefensible and contrary to the public interest, you say? As far as our government is concerned, that checks all three of the main boxes they shoot for. Our government doesn’t implement a policy unless it is irrational, legally indefensible and contrary to the public interest.
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.”
An important point. The vax mandates were issued when delta was the dominant strain. Now omicron is the dominant strain. Thus the vax mandates are totally ill-suited to dealing with omicron.
The Supreme Court held in Jacobson v. Massachusetts (1905) that the right to refuse medical treatment could be overcome when society needs to curb the spread of a contagious epidemic. At Friday’s oral argument, all the justices acknowledged that the federal mandates rest on this rationale. But mandating a vaccine to stop the spread of a disease requires evidence that the vaccines will prevent infection or transmission (rather than efficacy against severe outcomes like hospitalization or death). As the World Health Organization puts it, “if mandatory vaccination is considered necessary to interrupt transmission chains and prevent harm to others, there should be sufficient evidence that the vaccine is efficacious in preventing serious infection and/or transmission.” For Omicron, there is as yet no such evidence.
Beyond the fact that the Covid-2019 Vaccines™ are experimental technology and it is grossly unethical to mandate that people become human science experiments, the crux of the matter here is that these Vaccines™ do not stop the spread of the virus.
Now here’s where it gets crazy:
The little data we have suggest the opposite. One preprint study found that after 30 days the Moderna and Pfizer vaccines no longer had any statistically significant positive effect against Omicron infection, and after 90 days, their effect went negative—i.e., vaccinated people were more susceptible to Omicron infection. Confirming this negative efficacy finding, data from Denmark and the Canadian province of Ontario indicate that vaccinated people have higher rates of Omicron infection than unvaccinated people.
I have been seeing some stuff about this–that the vaccine actually makes you more likely to catch omicron–in recent weeks but was not really sure how to interpret the data, so I didn’t post about it here.
But now we have it confirmed from a Nobel Prize-winning doctor: the Vaccines™ make people more likely to catch omicron.
The Vaccines™ are literally the opposite of vaccines. They make it more likely for you to become infected with the virus.
And governments around the world are trying to make these vaccines mandatory for people.
If anything, the vaccines should be outlawed, and then hold military tribunals for Pfizer and Moderna execs, along with any government official who rushed these vaccines through to approval (I guess this would include Donald “WarpSpeed” Trump, then. Well, if that’s the case, then so be it).
Meantime, it has long been known that vaccinated people with breakthrough infections are highly contagious, and preliminary data from all over the world indicate that this is true of Omicron as well. As CDC Director Rochelle Walensky put it last summer, the viral load in the noses and throats of vaccinated people infected with Delta is “indistinguishable” from that of unvaccinated people, and “what [the vaccines] can’t do anymore is prevent transmission.”
It’s time to say it: the vaccinated are putting the unvaccinated at risk.
There is some early evidence that boosters may reduce Omicron infections, but the effect appears to wane quickly, and we don’t know if repeated boosters would be an effective response to the surge of Omicron. That depends among other things on the severity of disease Omicron causes, another great unknown. According to the CDC, the overwhelming majority of symptomatic U.S. Omicron cases have been mild. The best policy might be to let Omicron run its course while protecting the most vulnerable, naturally immunizing the vast majority against Covid through infection by a relatively benign strain. As Sir Andrew Pollard, head of the U.K.’s Committee on Vaccination and Immunisation, said in a recent interview, “We can’t vaccinate the planet every four or six months. It’s not sustainable or affordable.”
This is what we have been saying for two years now. But now it has become undeniable: omicron is the real vaccine.
In any event, the vaccine mandates before the court don’t require boosters. They define “fully vaccinated” as two doses of Moderna or Pfizer-BioNTech or one dose of Johnson & Johnson. Even if boosters would help, the mandates would leave tens or hundreds of thousands of unboosted employees on the job, who have zero or negative protection against Omicron infection, and who would be highly contagious if they become infected. In other words, there is no scientific basis for believing these mandates will curb the spread of the disease.
You are literally insane if you believe these mandates will curb the spread of the disease.
I hope to God the majority of the Supreme Court Justices read the Wall Street Journal.
Omicron was mentioned sparsely at Friday’s oral argument, but the justices—particularly those most favorable to the mandates—appeared to labor under drastically false assumptions. Justice Stephen Breyer suggested that if mandatory vaccination went forward, that would prevent all new Covid infections—750,000 new cases every day, he said. This is wildly false.
You should not be allowed to have a seat on the Supreme Court if you say something this idiotic. Breyer should be impeached. Supreme Court Justices are supposed to be the best of the best, and yet Stephen Breyer is less-informed on Covid-2019 than the average reader of the Wall Street Journal. This is an outrage.
So is Justice Sonia Sotomayor’s assertion that “we have over 100,000 children . . . in serious condition, many on ventilators.” According to Health and Human Services Department data, there are currently fewer than 3,500 confirmed pediatric Covid hospitalizations, and that includes patients who tested positive and were hospitalized for other reasons.
They’re either liars or morons.
Again, I hope to God the rest of the justices on the court read this article by Dr. Montagnier.
It is axiomatic in U.S. law that courts don’t uphold agency directives when the agency has entirely failed to consider facts crucial to the problem. In many contexts courts send regulations back to the agency for reconsideration in light of dramatically changed circumstances. If the agency’s action “is not sustainable on the record itself, the proper judicial approach has been to vacate the action and to remand the matter back to the agency for further consideration,” as the U.S. Circuit Court of Appeals for the District of Columbia put it.
Neither HHS nor OSHA ever considered Omicron or said a word about vaccine efficacy against it, for the simple reason that it hadn’t yet been discovered. In these circumstances, longstanding legal principles require the justices to stay the mandates and send them back to the agencies for a fresh look.
Okay, this is where I have to break with the Good Doctor. I’m sure he ended his op-ed this way because there are certain rules and standards you must maintain and adhere to if you’re to be published in a Respected Mainstream Publication when a Democrat is in charge–you have to at least show some deference to the Holy and Almighty Democratic Administration. You can’t go full scorched-earth–not in the Wall Street Journal.
But I can, and I will.
No, Doctor, “these circumstances” do not just “require the justices to stay the mandates and send them back to the agencies for a fresh look.” Because that leaves open the possibility that the vaccine mandates could be resurrected.
It means Americans still may one day find themselves living in a country where you must be injected with an experimental gene therapy shot in order to earn a living.
And that is simply unacceptable.
“These circumstances” require the Supreme Court to annihilate this vaccine mandate and settle the matter for good: OSHA does not have the power to force people to get a vaccine. That is a power that belongs to the state legislatures and the state legislatures alone.
Congress doesn’t even have this power. The Constitution reserves police power to the states, not Congress.
And the Supreme Court has held over the years that vaccine mandates are to be enacted at the state and/or local level, and only legislatively–not by executive decree.
To say that the vax mandate is only bad because it is outdated is the understatement of the century.
We do not need the mandates to be sent back to the agencies for a “fresh look.” The agencies are not operating off of the facts. They don’t actually give one single flying fuck about “workplace safety” or “curbing the spread of the virus.”
They care about getting jabs in people’s arms by any means necessary, and literally nothing else. All they care about is Pfizer’s profits.
If you really believed the vaccines were safe and effective, and you really were trying to protect people from the virus, then a workplace vaccine mandate is utterly idiotic. The most vulnerable subgroups of the population are the elderly and the immunocompromised, and they’re not in the workplace. Working-age Americans are generally not at high risk from the virus. It’s the elderly we should be worried about. It makes no sense to forcibly vaccinate the labor force when it’s the retirees who are most at risk.
The purpose of the OSHA mandate is mass Vaccinations™, not health and safety.
The Supreme Court does not need to send this back to the agencies for a “fresh look.” The Supreme Court needs to lay down the law, now for all time: if you want a fucking vaccine mandate, you pass fucking laws like the fucking Constitution says, you fucking tyrannical pencilneck bureaucratic fuckfaces.
Has any legislature in this country–state or federal–passed a law mandating vaccines? No.
Has any politician in this country been elected after promising to make vaccines mandatory? Absolutely not.
The Democrats did not campaign on vaccine mandates. No one voted for them. In fact, Biden himself said on December 5, 2020 that he did not believe vaccines should be mandatory:
The public was not consulted at all on this matter.
The fucking legislatures were not even consulted at all on this matter.
Actually, that’s not entirely true–the US Senate took a vote on the OSHA vax mandate, and it voted against it:
The only time this mandate has ever actually been put up to a vote in a legislative body, it was rejected.
OSHA does not have the power to unilaterally enact a law–especially one that the American people never voted for.
There are so many problems with his OSHA mandate it would take me hours to list them all.
But the biggest problem of all is that it is being imposed on us by bureaucratic fiat and without the American ever having been given the opportunity to vote on it.
The vaccine mandate needs to not only be annihilated, but the precedent must be established that the federal government does not have the power to undemocratically and unilaterally impose a vaccine mandate on the American people.