Justice Sotomayor Demonstrates Why We Needed to Argue More Than Just Law in the Mandates Case

In Supreme Court Arguments on 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. His order clearly states that the Court will consider

“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.

The Wise Latina was not alone. Justices Kagan and Breyer were equally adrift in the storm of panic porn unleashed on America by the Dark Lord of Disease, Anthony Fauci. They are suffering from the same mass formation psychosis described by the great Arab philosopher Ibn Khaldun.

 If the soul is impartial in receiving information, it devotes to that information the share of critical investigation the information deserves, and its truth or untruth thus becomes clear. However, if the soul is infected with partisanship for a particular opinion or sect, it accepts without a moment’s hesitation the information that is agreeable to it. Prejudice and partisanship obscure the critical faculty and preclude critical investigation. The result is that falsehoods are accepted and transmitted” (Muhammad ibn Khaldun al-Hadrami, 1379).

These three alleged jurists could not contain themselves in presenting egregious lies about the prevalence and severity of COVID-19. In doing so they perverted the judicial process in ways that could not be remedied short of immediate factual rejoinders. Unfortunately, counsel for the plaintiffs in the case were unprepared for questions of fact, and left great edifices of insanity standing without being challenged.

The first Justice appointed solely to satisfy “equity” rules for “race” and gender stated as fact,

“Hospitals are almost at full capacity”

“Over 100,000 children are hospitalized with COVID… Many are on ventilators.”

If true, one in nine hospital beds in the US would have a COVID-ill child in it. But she overstated the number of hospitalized children by a factor of fifty, since there are only about four thousand kids in the krankenhaus with positive Wuhan Flu tests. CDC data shows a total of 823 deaths from COVID for ages 0-18 in the entire two years of the pandemic. Most of those have extreme obesity. Justice Sotomayor must have been listening to Left-wing commentators emphasizing the “horrific” spike in “cases” and watching the visuals of traffic jams waiting for drive-through tonsillectomies. Of course, that is a self-fulfilling prophecy, due to COVID panic porn saturating the airwaves.

Mental incapacity was not restricted to the Wise Latina. Justice Breyer claimed that “hospitals are full almost to the point of maximum,” and “750 million” new cases were reported in the US yesterday. I thought he was seated on the Supreme Court of a country with only 330 million people. And last time I checked, less than fifteen percent of hospital beds are occupied with COVID positive patients.

Just to complete the trifecta, Justice Kagan chimed in with,

“Why isn’t this necessary to abate a grave risk? This is a pandemic in which nearly a million people have died. It is by far the greatest public health danger that this country has faced in the last century. More and more people are dying every day, more and more people are getting sick every day. I don’t mean to be dramatic here. I’m just sort of stating facts.”

Of course, she’s using the 800,000 CDC death count which, by any rational consideration, is a blatant lie. The CDC itself states that using the traditional criteria for “death from” yields a total of 48,000 COVID deaths, or fewer than the one week count of deaths in the US from all causes. (It literally said that 6% had COVID as the proximate cause of death.)

All this hysteria derives from the near-complete suppression of scientific facts from the public square. Without going into all the details (which are amply documented by many), we may summarize the following.

• COVID deaths have resulted from severe underlying medical conditions, which were exacerbated by the Alpha and Delta spike proteins.
• Millions of people have needlessly become ill and thousands have died in the US due to the active suppression of prehospital treatment protocols centered on Hydroxychloroquine and Ivermectin.
• The Omicron variant is a result of vaccination and Muller’s Ratchet, which explains the near-universal natural process of viruses becoming more infectious and less deadly.
• The Alpha spike protein, the toxic part of the virus, is the primary active part of the vaccine, meaning that the vaccine actually induces a form of the disease.
• Vaccination is not preventing disease. In fact, it appears to be making disease more likely (and here).
• Immunity following COVID recovery is far better than from vaccination.
• Vaccination and extreme isolation is no protection from infection. An Antarctic research station with extremely strict incoming criteria and quarantine has still suffered an epidemic.
• Vaccination has little or no effect on the possibility of a person spreading COVID.

In short, all the medical facts stand firmly in opposition to continued vaccination. This is true in spades for a vaccine mandate.

Fortunately, it’s likely that the Conservative majority on the Court will be looking to the law, not the hype. After all, policy is the province of the legislature, not the Executive. As Alexander Hamilton discovered in Lin-Manuel Miranda’s wonderful lyrics, “You’re going to need Congressional approval, and you don’t have the votes.”

The President is not a king. He does not get to rule with a pen and a phone, and if our Supreme Court values our Republic, he’ll get slapped down. Again. If they don’t, then everything our Founding Fathers fought and died for is likely to be lost, because there will no longer be any defining rules.

Ted Noel MD is a retired Anesthesiologist/Intensivist who podcasts and posts on social media as DoctorTed and @vidzette. His DoctorTed podcasts are available on iHeart, Stitcher, Pandora and other channels.