I anticipate this thread will earn me ire from all sides, and it addresses some private as well as more public conversations I've had. I am not anti-vaxx, and I am not anti the covid vaxx. As I have stated publicly, I decided not to get it 1) because I had covid, conferring 1/
natural immunity, and 2) because, especially in light of (1), I don't want to take on what is probably a small risk for no reason. Nevertheless, that aside, I feel ill-equipped to weigh what the risk actually is, because the pro-vaxx people (the ones who think you're bad if 2/
you don't get it) haven't been forthcoming. If I saw some honest discussion about what we can and can't know - including long term effects - and some valuation about the chance of negative long term or other effects based on our current scientific knowledge 3/
it's possible I could be persuaded. Because I don't feel I'm getting honest information that would allow me to consider my own interests along with society's, I don't feel I can make an informed decision. Since I know my risk of a negative outcome from covid is ~0 4/
I decided not to get the vaccine. I say all of this in hopes that vaccine proponents will reconsider their approach, if their ultimate goal is to persuade people to get it 5/5
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The two cases "liberals" are freaking out about, Loper Bright and Jarkesy, demonstrate why these people are not actually liberals. Jarkesy held that if SEC charges you with offenses that involve civil penalties, which can be life-destroying, you get a jury trial 1/
SEC can't just try you in an administrative tribunal before a judge who works for SEC. The 7th Amendment obviously provides for a jury trial and liberals should embrace due process protections. But no, they're upset because such protections make things less efficient 2/
and dilute the ability of bureaucrats to ruin Americans' lives using kangaroo courts. The other case, Loper Bright, which overturned Chevron, involved the National Marine Fisheries Service (NMFS) forcing fishing companies to pay $700 a day to be monitored. 3/
As many have likely seen, the Supreme Court found that plaintiffs in Murthy v Missouri lack standing, reversing the fifth circuit, with Alito, Thomas and Gorsuch . While disappointing, the decision is not devastating. It is premised on the fact a preliminary injunction 1/
Isn’t warranted because plaintiffs can’t show likelihood of future harm. The majority specifically said they weren’t expressing a view as to whether the fifth circuit correctly articulated the standard for when private conduct is turned into state action. 2/
Thus, the underlying case WILL continue. Alito’s dissent is excellent, showing far more familiarity with the record and explaining that the majority opinion will permit an unlawful censorship campaign to operate so long as it’s carried out with enough sophistication 3/
On Friday, the 9th Circuit Court of Appeals issued an important decision holding that Jacobson v. Massachusetts does not apply to Covid vaccine mandates because that vaccine does not "prevent the spread." 1/
It's an argument @ToddZywicki & I made 3 years ago, & @AaronKheriatyMD put forth in a separate case (also in 9th Cir). Gov'ts have long argued, & cont'd to argue during Covid, that Jacobson stands for the proposition that any vaxx mandate is subject to rational basis review. 2/
To survive "rational basis" review, the government must show a law/policy is rationally related to a legit gov't interest. In practice, virtually every law/policy surmounts rational basis review. 3/
One reason I'm a fierce defender of free speech is that I, the daughter of a Palestinian, grew up witnessing the silencing of criticism of Israel through false allegations of anti-semitism. 1/
I've remained silent for far too long b/c I, too, am terrified of being the recipient of such charges. I'm afraid of losing my job, harming my professional reputation, losing friends, and incurring wrath on this platform. But I have had enough. 2/
I know that when I'm breathing my last breath, I won't forgive myself for remaining silent out of cowardice. What job is worth having, & what friends are worth having, that require remaining silent in the face of crimes against humanity, including against one's own relatives? 3/
In 2022, California passed AB 2098, which punished drs for giving patients advice about Covid that bucks "scientific consensus," whatever that means. We (@NCLAlegal) sued on behalf of 5 doctors, including @TracyBethHoeg, @AaronKheriatyMD, @PeterMazolewski & @AzadehKhatibi 1/
On Jan. 25, 2023, we obtained a preliminary injunction in the Eastern District of California. The judge found that the law violated Plaintiffs' due process rights b/c it was unconstitutionally vague. After defendants faced a skeptical panel in the 9th Circuit Court of Appeals 2/
in a sister case (plaintiffs lost below, so they appealed), the state repealed AB 2098, obviously to avoid creating bad precedent. They've never admitted it's unconstitutional, and they've since tried to use another law to punish at least one doctor in the state 3/
A few words about today's argument in the Supreme Court in Murthy v. Missouri. Merely invoking the concept of "safety" does not justify government censorship. The last four years could not have illustrated that more clearly: eminent scientists were censored in the domains 1/
of their expertise, often at the behest of the government, resulting in public debate about covid policies being smothered. Just today, the New York Times admitted school closures were pointless and harmful. 2/
The scientists warning of this in 2020, including plaintiffs @DrJBhattacharya and @MartinKulldorff were censored, so the public was under the illusion that the scientific community concurred that lockdowns were necessary. 3/