The Blight House has Withdrawn its Mandate Forcing Workers at Companies to Get Deadly, Experimental COVID Injections which Don't Stop the Spread or Prevent COVID but are Immune from All Liability

From [HERE] and [CHD] The Biden administration has officially withdrawn a rule that would have required workers at big companies to get vaccinated or face regular COVID testing requirements.

The Occupational Safety and Health Administration confirmed the withdrawal Tuesday. But the agency said it still strongly encourages workers to get vaccinated.

In early November, OSHA announced a vaccine-or-test mandate for companies with at least 100 employees. The rule — which would have impacted more than 80 million U.S. workers — was originally set to go into effect on Jan. 4.

Mission accomplished though because the goal of Authorities was to get as many people to comply as possible before the mandate could be struck down by a court or withdrawn. Through intense coercion people complied with the mandate and every day the number of people injected increased. And still is increasing through other forms of coercion and purposeful media confusion about whether this mandate was withdrawn (it has been, thanks master). Importantly, many states and local governments have their own mandates which were enacted by Governors or Mayors on an emergency basis in order to circumvent the legislative process (which usually requires public involvement, debate, hearings and findings conducted by elected representatives).

In pulling the rule, the department said it recognized the Emergency Temporary Standard (ETS) could not be revived after the U.S. Supreme Court blocked it earlier this month.

Instead, the Biden administration is working to set a permanent standard for the vaccine mandate based on the Supreme Court’s ruling, according to a notice provided to the court by the Occupational Safety and Health Administration (OSHA).

OSHA said in a press release:

“Although OSHA is withdrawing the vaccination and testing ETS as an enforceable emergency temporary standard, the agency is not withdrawing the ETS as a proposed rule. The agency is prioritizing its resources to focus on finalizing a permanent COVID-19 Healthcare Standard.”

OSHA could move a version of the vaccine-or-test rule through its rule-making process, but would still likely face legal challenges, according to David Michaels, a former OSHA administrator and professor at George Washington University.

The Labor Department’s decision to withdraw the rule means pending legal proceedings will be dropped. The case was on its way back to the 6th Circuit Court of Appeals to be heard on the merits, although the lower court most likely would have followed the Supreme Court’s lead, The New York Times reported.

Without OSHA’s vaccine mandate in effect, employers must follow state and local laws on COVID workplace safety. Some states have banned vaccine mandates for private employees, while other states, like New York, require them.

“OSHA continues to strongly encourage the vaccination of workers against the continuing dangers posed by Covid-19 in the workplace,” the Labor Department wrote in the notice of its withdrawal.

The Supreme Court on Jan. 13, rejected the Biden administration’s employer mandate.

The court’s conservative majority said the administration overstepped its authority by imposing OSHA’s vaccine-or-test rule.

The Supreme Court’s decision reversed the lower court ruling, imposing a stay on the OSHA mandate.

The conservative majority expressed concerns over the implications of allowing OSHA to implement a widespread mandate without congressional authorization.

“Permitting OSHA to regulate the hazards of daily life — simply because most Americans have jobs and face those same risks while on the clock — would significantly expand OSHA’s regulatory authority without clear congressional authorization,” the opinion stated.

Furthermore, the court said, Congress has “indisputably given OSHA the power to regulate occupational dangers,” but it “has not given that agency the power to regulate public health more broadly.”

“Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category,” the opinion read.

The minority justices said OSHA’s mandate is comparable to a fire or sanitation regulation imposed by the agency, while the majority said a vaccine mandate is strikingly unlike the workplace regulations that OSHA has typically imposed as a vaccination “cannot be undone at the end of the workday.”

A majority of the Supreme Court’s justices concluded the applicants challenging OSHA’s mandate were likely to succeed in the merits of their claim and the secretary of labor lacked authority to impose the mandate, resulting in a stay while the case works its way through the 6th Circuit Court.

After the ruling, many companies were left scrambling to decide whether they should abandon the mandate or force their employees to be vaccinated while the lawsuit played out in the lower courts.

Starbucks was one of the first major retailers to backtrack on its plans to require workers to be vaccinated against COVID. Starbucks last week told its 228,000 employees at more than 9,000 U.S. coffee shops it would no longer require workers be fully vaccinated or submit to weekly COVID testing.

In a Jan. 18 memo to employees, Starbuck CEO John Culver said the company respects the court’s ruling and will comply even though it doesn’t align with the company’s beliefs.

coalition of attorneys general from 27 states called on OSHA to rescind its ETS saying the agency lacked authority to issue a broad mandate.

Where COVID is the Only Attributable Cause of Death, We See the Rate of Death is Remarkably Low. Freedom of Information Response Reveals that Governments and Media are Lying, Inflating COVID Deaths

Dr. John Campbell seems surprised at the Office for National Statistics Freedom of Information request about deaths from COVID-19 with no other underlying causes. [MORE]

13 March 2020 to 7 January 2022, England and Wales https://www.ons.gov.uk/peoplepopulati… 127,704 excess deaths above the five-year average Official data https://coronavirus.data.gov.uk/detai… Deaths from COVID-19 with no other underlying causes FOI Ref: FOI/2021/3240 https://www.ons.gov.uk/aboutus/transp… Death registrations for 2020 and 2021 for deaths where COVID-19 was listed as the underlying cause, but had no other pre-existing conditions recorded on the death certificate, England and Wales This publication will be updated quarterly 2020 Total deaths, 9,400 0-64, 1,549 65 and over, 7,851 2021 Q1 Total deaths, 6,483 0-64, 1,560 65 and over, 4,923 2021 Q2 Total deaths, 346 0-64, 153 65 and over, 193 2021 Q3, Total deaths, 1,142 0-64, 512 65 and over, 630 Therefore, 2020 and first 3 quarters of 2021 Total deaths from covid alone, 17,371 Of this number 13,597 were 65 or over Of this number, 3,774 were under 65 Average age of death in UK from covid in 2021 82.5 years Average life expectancy in the UK, 2018 to 2020 https://www.ons.gov.uk/peoplepopulati… 79.0 years for males 82.9 years for females This represents a fall of 7.0 weeks for males and a slight increase of 0.5 weeks for females (from the latest non-overlapping period of 2015 to 2017) This is the first time we have seen a decline when comparing non-overlapping time periods since the series began in the early 1980s As of end of September https://coronavirus.data.gov.uk/detai… Within 28 days of a positive test, 137,133 (7.9 times more deaths) Excess deaths from cancer https://www.youtube.com/watch?v=U90eD… Professor Karol Sikora, University of Buckingham Former head of cancer programme at WHO Probably an extra 50,000 deaths from cancer, over the past 18 months, you otherwise would not have had Failure to report early Difficulty getting to see GP Fear of hospital admissions Missed chemotherapy Missed radiotherapy 6 million waiting for NHS treatment

"The biggest scandal of this epidemic is that we have been made to believe these are vaccines. They are not vaccines at all." - Dr. Christian Perronne, Professor of Infectious and Tropical Diseases

From [HERE] On January 12, 2022, Prof. Christian Perronne participated in the public debates at the Parliamentary Hearing in Luxemburg. He called to suspend these experiment products that are not vaccines.

We have disregarded the science and infringed our rights. The biggest scandal of this epidemic is that we have been made to believe these are vaccines. They are not vaccines at all. Those in the parliament who voted for an experiment product mandate can be personally prosecuted in an international court.


Prof. Perronne’s main arguments:

  • All decisions lack scientific support. Policymakers who stipulated the vaccine policies have relied on “experts” with significant conflicts of interest and misled the public through the mainstream media (also with major conflicts of interest). While the pharmaceutical industry provides zero scientific references, the world’s “most prestigious” scientific journal, namely The Lancet, has published a fraudulent study to discredit chloroquine.

  • Alternative, effective treatment is available; therefore, it is illegal for the experiment product to be authorized for emergency use and, worse, imposed as a mandate.

  • The medical agencies did not evaluate these experimental products properly. There have been defined evaluations for years. It takes about ten years to authorize a standard vaccine and another ten years for the authorized use on pregnant women.

  • More children die from the experiment product than from COVID.

Christian Perronne, MD, PhD, is Professor of Infectious and Tropical Diseases at the University of Versailles-St Quentin, Paris-Saclay, France.

UK Data Shows Doctors are Among the Health Workers Least Likely to Get COVID Injection, while fitness instructors, artists and waiters have some of the highest unjabbed rates overall

From [HERE] Doctors are among the health workers least likely to be vaccinated against Covid-19, while fitness instructors, artists and waiters have some of the highest unjabbed rates overall.

New figures from the Office for National Statistics (ONS) show vaccination rates by profession at the end of last year. The data provides an early indication of which parts of the NHS and social care workforce could be hardest hit by the compulsory vaccination rule that comes into force in April.

Any health and care workers coming into direct contact with patients must have had a first dose by February 3 in order to meet the deadline. NHS employers have been told to begin dismissal proceedings against unvaccinated staff, including those who refuse to disclose their status, from February 4. [MORE]

Dr. Robert Malone: COVID Injections are permanently damaging children

From [NN] The inventor of the modern mRNA vaccine technology, Dr. Robert Malone, recently issued a stark warning to parents in the U.S. and all over the world about the dangers of getting their children vaccinated against the Wuhan coronavirus during a powerful speech at the Defeat the Mandates Rally in Washington D.C.

Malone said that those who are considering vaccinating their children against COVID can cause permanent harm, urging them to stay informed about the risks before making decisions.

He noted that as a parent, it is one’s responsibility to protect children. “If they’re harmed by these genetic vaccines, you are the one who will have to take care of them. And you will carry the burden for the rest of your life and theirs,” he said.

Further, he noted that on average, between one in 2,000 and 1 in 3,000 children that receive vaccines will be hospitalized in the short term with vaccine-caused damage. Only time can tell what long-term damage may happen to the children. (Related: Dr. Robert Malone tells Stew Peters about the life-threatening effects of COVID-19 vaccines – Brighteon.TV.)

He also went on to say that the vaccine does not protect children from the omicron variant, and they do not prevent infected children from infecting others. In contrast, big pharma companies and the government are almost fully protected from any damages that these products may cause them.

Malone said that genetic vaccines can damage children. “They may damage their brains, their heart, their immune system, and their ability to have children in the future. Many of these damages cannot be repaired,” he went on.

Malone speaks about the dangers of mRNA vaccines

Over 16,000 physicians and medical scientists around the world have already signed a declaration that said healthy children should not be vaccinated for COVID. In December 2021, Malone talked about this issue in a prepared speech, where he said he is standing by his statement with a career dedicated to vaccine research and development. “I’m vaccinated for COVID and I’m generally pro-vaccination. I have devoted my entire career to developing safe and effective ways to prevent and treat infectious diseases,” he said. (Related: Before your child is injected, watch Dr. Robert Malone’s statement on child COVID vaccinations.)

However, he put forward a warning about injecting children, which he said is an irreversible decision. Among the issues he pointed out included the following:

A viral gene will be injected into children’s cells. Malone noted that the gene will force children’s bodies to make toxic spike proteins that can cause permanent damage in their critical organs, including their brain and nervous system, their heart and blood vessels that make them prone to blood clots, their reproductive systems and trigger fundamental changes in their immune system.

What’s even more alarming is that once these damages have occurred, they become irreparable. The lesions in the brain cannot be fixed, and heart tissue scarring cannot ve repaired. The vaccine can also cause reproductive damage that could affect generations of the family.

The novel mRNA technology has not been adequately tested. Malone said that researchers and scientists need at least five years of testing and research before they can fully understand the risks, as harms from new medicines tend to be revealed many years later. Parents should rethink whether or not they want their own children to be part of the most radical medical experiment in humans today.

Children represent no danger to their parents or grandparents. The immunity of children after getting COVID is critical to saving families from the disease, so there is no benefit for children to get vaccinated against the small risk of the virus, considering the known health risks of the vaccine that parents and children have to live with for the rest of their lives.

British Data Shows COVID Injections are an Abysmal Failure, as COVID infection Rates in the U.K. are higher among the “fully vaccinated" in All Adult Cohorts

British data show the COVID shots are an abysmal failure, as COVID infection rates in the U.K. are higher among the “fully vaccinated” in all adult cohorts

  • Infection rates are also rising faster among the fully vaxxed than in unvaccinated cohorts of all ages. All in all, these data prove that vaccine passports and mandates are completely pointless

  • Data from Scotland show more of the same. Double-jabbed Scots are more likely to be admitted to the hospital for COVID than unvaccinated. Since Omicron became dominant, COVID case rates are also lower among the unvaccinated than among the single-, double- and even triple-jabbed

  • Internationally, journalists are now starting to try to switch the narrative away from cases, hospitalizations and deaths by pointing out how unreliable these data are. What they don’t admit is that “dangerous misinformants” have highlighted these problems for two years already

  • Omicron is blowing huge holes in the pandemic narrative, as it predominantly affects the vaxxed, thus proving mandates and vaccine passports are irrational and useless

From [MERCOLA] At this point, there is simply no question. The COVID shots are an abysmal failure in every way possible. Again and again, data analyses from around the world show a negative correlation between “vaccination” rates and worsening infection rates and other health trends.

There’s No Rationale for Passports and Mandates

Among the latest data sets to show this are official statistics from the U.K. government. Its “National Flu and COVID-19 Surveillance Report: 13 January 2022 (Week 2)”1 shows COVID infection rates in the U.K. are higher among the “fully vaccinated” in all adult cohorts.

Infection growth rates are also rising faster among the fully vaxxed than in unvaccinated cohorts of all ages. All in all, these data prove that vaccine passports and mandates are completely pointless and nothing more than a coercion tool. In no way do they reduce infection rates, hospitalizations or deaths from COVID.

Regardless of how many shots a person has received, they’re still getting infected and transmitting it. Plus, we know the jabbed are veritable incubators for mutating strains. Everything about this mass vaccination campaign is detrimental to public health.

Far Higher Infection Rates Among the Fully Jabbed

Using U.K. government data, a Twitter user named Don Wolt created a series of helpful graphs that he posted January 16, 2022.2 The graph below shows the differences in infection rates by age and vaccination status, and it is really telling.

Across the board, with the exception perhaps of the 80+ age group, the fully jabbed have significantly higher rates of COVID infection, completely decimating the myth that we’re in a “pandemic of the unvaccinated.” Clearly, that is not the case.

... case rates have been lower in unvaccinated individuals than the single, double, or even triple-jabbed since Omicron became the dominant variant in Scotland. ~ The Herald

(Wolt clarifies that each bar in this graph represents four weeks of data, obtained from successive weekly U.K. HSA reports, and the chart illustrates the rates of infection — i.e., the number of infections per 100,000 people — not absolute numbers. “Vaxxed 2-doses” also includes those who have received a third booster.)

Infection Rates Rising Faster Among Fully Jabbed

In another graph, you can clearly see how infection rates are also rising faster in fully jabbed cohorts than in the unvaccinated — and this is not a result of higher vaccination rates.

Here, Wolt determined the growth of the infection rate for each age cohort by comparing the data of Week 1 against Week 2 in the surveillance report. As you can see by the orange graph bars, the growth rate of infection among the unvaccinated is relatively flat across age groups, whereas the infection growth rate among the fully jabbed keeps trending upward with age.

As noted by Wolt, this infection growth rate increase is not due to a tandem increase in the number of people getting a second or third jab. The data show that the greater an age cohort’s vaccination rate is, the higher its infection growth rate (i.e., the rate of increase from one week to the next).

Risk of Death Is Extremely Low in Under-50 Age Groups

The January 13, 2022, U.K. COVID surveillance report3 does show that, among those aged 50 and over, the COVID shots appear to lower hospitalization rates and death.

However, anyone under the age of 50 who tests positive for SARS-CoV-2 infection still has an exceptionally low risk of hospitalization or death, regardless of vaccination status. In those under the age of 30, the risk of being hospitalized or dying from COVID is “effectively zero,” Wolt notes, which, again, “makes mandated vaccination utterly unwarranted.”

Responding to detractors who point out that the report warns its raw data cannot be used to estimate vaccine effectiveness, Wolt points out that his graphs are not meant to illustrate vaccine effectiveness per se. They merely show rate trends between “vaccinated” and unvaccinated, and these trends clearly invalidate any perceived need for vaccine mandates. Data from Scotland show more of the same. As reported by The Herald, January 13, 2022:4

“Double-jabbed Scots are now more likely to be admitted to hospital with COVID than the unvaccinated amid an increase in elderly people falling ill due to waning immunity.

It comes amid ‘weird’ data showing that case rates have been lower in unvaccinated individuals than the single, double, or even triple-jabbed since Omicron became the dominant variant in Scotland.”

Omicron Forces Media to Rethink What They Report

The COVID pandemic has been all about social engineering, which of course cannot be done without the full complicity of the mainstream media. In a roundabout way, a January 12, 2022, AP News article5 admits this role:

“For two years, coronavirus case counts and hospitalizations have been widely used barometers of the pandemic’s march across the world. But the omicron wave is making a mess of the usual statistics, forcing news organizations to rethink the way they report such figures.

‘It’s just a data disaster,’ said Katherine Wu, staff writer who covers COVID-19 for The Atlantic magazine. The number of case counts soared over the holidays, an expected development given the emergence of a variant more transmissible than its predecessors.

Yet these counts only reflect what is reported by health authorities. They do not include most people who test themselves at home, or are infected without even knowing about it. Holidays and weekends also lead to lags in reported cases.

If you could add all those numbers up — and you can’t — case counts would likely be substantially higher. For that reason, The Associated Press recently told its editors and reporters to avoid emphasizing case counts ... Many news organizations are debating how best to use statistics now during the Omicron surge ...

Hospitalizations and death rates are considered by some to be a more reliable picture of COVID-19’s current impact on society. Yet even the usefulness of those numbers has been called into question in recent days. In many cases, hospitalizations are incidental: there are people being admitted for other reasons and are surprised to find they test positive for COVID.”

Narrative Switch Aimed at Hiding Failures

For those who have been “awake” to the censorship and misleading reporting over the past two years, this attempt at steering the narrative in a new direction is just laughable.

How could the AP possibly have missed the fact that it’s been a data disaster from the start? And intentionally so? Case counts were always unreliable, considering the PCR test cannot diagnose an active infection, and excessive cycle thresholds guaranteed ridiculous amounts of false positives.

COVID hospitalization data were always unreliable, because anyone who tested positive for COVID was counted as a COVID hospitalization whether they were symptomatic or not. Nothing has changed in that regard.

The only thing that has changed is that now media are admitting it — pretending that this is a brand-new development, of course. The same goes for COVID death counts. They were vastly overcounted from the start, again, because of the reliance on faulty PCR testing.

Media now claim to be moving away from “unreliable” data such as case counts, hospitalizations and even deaths, and for all the reasons we’ve been highlighting for the past two years. For those who have paid attention all along, this is clearly an attempt to change the narrative without losing all credibility (which I think is near-impossible at this point).

The fact is that Omicron is making the holes in the narrative so much bigger, it’s all falling apart. They’re completely losing the rationale for vaccine passports and mandates for work, school and social events, as the higher the vaccination rate, the higher the infection rate.

To that end, U.K. Prime Minister Boris Johnson announced January 19, 2022, that he was ending all remaining COVID restrictions in England,6 including mask mandates on public transportation and in schools, as well as vaccine passport requirements for public events.

This is the complete opposite of what the technocrats need in order to justify passports and mandates. To hide, as best as possible, this narrative-killing trend, media are now “explaining” why they won’t be discussing case counts or even hospitalizations or death rates anymore.

If they were, they’d have to admit that the pandemic response is resulting in an ever-growing disaster. So, don’t be surprised if fact checkers start debunking statistics proving what a disastrous failure the shots are by saying the data on cases, hospitalizations and deaths are simply too unreliable to use anymore.

New Narrative Doesn’t Make Sense Either

The new narrative, according to AP News, will highlight things like hospitals running over capacity and general staff shortages.

The problem is, those don’t paint a true picture of COVID’s impact either, because hospitals have furloughed staff due to lack of patients (many have forgone routine medical treatments for fear of COVID), they’ve fired staff for not getting the jab, other staff have simply quit their jobs in the face of vaccine mandates and hospitals have shut down entire wings due to these staff cuts.

Of course, if patients start returning, they might rapidly find themselves with more patients than they can currently handle. What else can you expect when hospitals intentionally make these kinds of cuts?

General staff shortages in other industries are an equally flawed barometer of COVID’s impact. Many are still getting federal assistance and therefore don’t want to reenter the work force. Others are forced out due to vaccine mandates.

Others are too sick to work thanks to COVID jab injuries. As recently reported by OneAmerica,7 a national mutual life insurance company based in Indianapolis, in addition to a 40% increase in deaths among working age Americans (and they’re not dying from COVID), there’s also been a noticeable uptick in short-term and long-term disability claims in the third quarter of 2021 compared to prepandemic levels.

Working age Americans are getting too sick to work, and are dying at unprecedented levels, and it’s not because of COVID infection.

‘We Failed,’ Danish Media Admit

The same attempt at switching the narrative can be seen in other countries. Danish media recently admitted they’ve failed the public by being “almost hypnotically preoccupied with the daily corona counts.”8 “We, the press, must ... take count of our own efforts,” Danish journalist Brian Weichardt writes, “And we’ve failed.”

Weichardt admits that journalists failed to ask authorities for clear answers as to “what it meant in concrete terms that people are hospitalized with corona and not because of corona.” He also admits that this “makes a difference.” This, again, is precisely what many of us have been saying for the past two years, and all we got for the effort was a domestic terrorist label.

Weichardt, in this piece, tries to shift the blame from journalists to the authorities themselves. They’re to blame, he thinks. “The messages of the authorities and politicians to the people of this historic crisis leave much to be desired,” he writes, ignoring the fact that a journalist’s No. 1 duty is to actually investigate, to double-check and to question, and not simply act as a two-legged parrot.

For two years straight, any dissenting opinion has been labeled as dangerous misinformation, even when completely accurate, because that’s how propaganda works. The fact that press members are now starting to backtrack in order to save what little credibility they have left does not change the fact that they have, nearly universally, acted as promoters of propaganda and nothing else.

Now that a majority of people are onto their spiel, they’re trying to pretend as though it were all a genuine mistake. Nice try. Let’s see how these pharma-backed propaganda jockeys fare when it comes to reporting the truth about COVID jab injuries. That will be where the rubber meets the road in terms of regaining credibility, as it will force them to bite the hand that feeds them — the drug industry.

The sad truth is, we’re likely facing an avalanche of serious chronic ailments going forward, among them, neurodegenerative diseases, as detailed by Stephanie Seneff, Ph.D., in her article “SARS-CoV-2 Vaccines and Neurodegenerative Disease.”9 A short summation of this article reads as follows:

“There are many reasons to be wary of the COVID-19 vaccines, which have been rushed to market with grossly inadequate evaluation and aggressively promoted to an uninformed public, with the potential for huge, irreversible, negative consequences.

One potential consequence is to exhaust the finite supply of progenitor B cells in the bone marrow early in life, causing an inability to mount new antibodies to infectious agents. An even more worrisome possibility is that these vaccines, both the mRNA vaccines and the DNA vector vaccines, may be a pathway to crippling disease sometime in the future.

Through the prion-like action of the spike protein, we will likely see an alarming increase in several major neurodegenerative diseases, including Parkinson’s disease, CKD, ALS and Alzheimer’s, and these diseases will show up with increasing prevalence among younger and younger populations, in years to come.

Unfortunately, we won’t know whether the vaccines caused this increase, because there will usually be a long time separation between the vaccination event and the disease diagnosis.

Very convenient for the vaccine manufacturers, who stand to make huge profits off of our misfortunes — both from the sale of the vaccines themselves and from the large medical cost of treating all these debilitating diseases.”

Sources and References

America’s food systems are on the brink of collapse due to labor shortages caused by Irrational COVID Injection Mandates and other unresolved supply chain issues

From [HERE] America’s food systems are on the brink of collapse due to the strain caused by the post-vaccine omicron variant of the Wuhan coronavirus (COVID-19), labor shortages caused by vaccine mandates and other unresolved supply chain issues.

Economic analysts and food industry executives believe that supply challenges are currently at their worst since the pandemic began nearly two years ago. Now, these shortages are being caused by a combination of unresolved supply chain problems and vaccinated workers calling in sick.

At least part of this problem comes from COVID-19 vaccine mandates.

Natural Products Association President and CEO Daniel Fabricant said: “Vaccine and testing mandates will only slow delivery times and drive up costs for consumers, retailers and manufacturers and damage the ability to keep products on store shelves that consumers have relied on to stay healthy for the past 20 months. We don’t need the vaccine mandate when the country is already plagued by concerns of rising inflation and product availability.”

Experts warn that the situation could persist for weeks or even months, and the eventual waning of the current COVID-19 wave won’t be enough to resolve the slowdown of food production. (Related: Omicron cripples labor force of highly vaccinated New York City.)

Eddie Quezada, a produce manager at a Stop & Shop in Northport, New York, said the post-vaccine omicron wave has caused more staffing shortages in his department than any previous wave of the pandemic. Around one in every five members of his staff contracted COVID-19 this January.

Quezada said his store is also having trouble procuring goods due to delivery drivers being laid off due to the mandate or vaccinated drivers contracting COVID-19. Earlier this month, he received less than half of the strawberries he ordered. “There is a domino effect in operations,” he said.

Keith Milligan, the owner of several Piggly Wiggly franchises in Georgia and Alabama, said about one-third of his employees who organize and load products into trucks at the grocery chain’s distribution centers were out sick with COVID-19 during the first week of January.

Milligan said his stores are still struggling to keep food stocks due to staffing issues. Frozen vegetables and canned biscuits are running dangerously low, he said.

Vivek Sankaran, CEO of grocery chain Albertsons, said his company was expecting supply issues to be resolved by now. “Omicron has put a bit of a dent on that,” he said. He expects more supply challenges to pop up over the next month or so.

In-stock levels of food products at American retailers are down to just 86 percent of what is normal, according to data from market research experts. This is lower than last summer when stocks were at around 90 percent of normal.

Restaurants not faring any better

The supply chain disruptions are affecting the restaurant industry as well. Some of the country’s largest employers in the industry, like McDonald’s, Starbucks and Chipotle, are being forced to reduce their working hours in response to the labor shortage and the ongoing coronavirus surge, which are wreaking havoc on their fully vaccinated workforces.

According to CEO Chris Kempczinski, operating hours of McDonald’s locations across the country are now around 10 percent shorter on average than before the pandemic.

Starbucks recently announced that nearly 9,000 of its more than 15,000 stores in the U.S. will be modifying their store hours due to the number of workers currently out sick due to COVID-19 and other “concerns over customer and worker safety.”

“We will always make proactive decisions that prioritize the health and well-being of our customers and our partners,” said Starbucks in an email. The company warned that customers may experience a lack of specific products, a slowdown in mobile ordering and reduced payment options due to staffing shortages.

“We saw about an average of one-hour reduction in operating hours at Popeyes during this quarter relative to pre-pandemic levels, said Jose Cil, CEO of Restaurant Brands International, which manages several fast-food chains like Popeyes and Burger King.

Did the CDC stage the “escaping monkeys” as a cover story for releasing the next bioweapon?

From [HERE] A trailer-full of nearly one hundred wild monkeys CRASHED on its route to an unidentified Centers for Disease Control (CDC) lab in the Midwest. Three of the monkeys broke free from their cages on Route 54, close to I-80 in Danville, Pennsylvania. The monkeys came in close contact with some unidentified motorists who stopped at the scene of the crash. The driver of the truck hit a dump truck, but he was not harmed. After the accident, he was in a panic and acted suspiciously. This is according to an eyewitness report from Michelle Fallon, a woman who arrived at the scene of the crash.

She said the driver was more concerned that the details of the incident would leak to the press. When the driver was confronted by a local Press-Enterprise reporter, he allegedly put his hand in front of the camera. The driver is identified as Cody M. Brooks, a thirty-one-year-old male from Keystone Heights, Florida. His passenger, Daniel G. Adkins of Florahome, FL, was injured and transported to the Geisinger Medical Center.

Michelle Fallon said the driver “was very, very upset.”  When she checked on him immediately after the crash, he said he was carrying “cats.” When she looked inside the trailer, she saw monkeys. “He was in a panic,” and didn’t want cameras at the scene, she iterated. Why did the driver lie? What did the driver want to hide? Were the escaping monkeys carrying disease? Why wasn’t the trailer properly marked, warning about its potential bio-hazardous contents? The driver has since been charged.

Woman who came in contact with “escaping monkeys” gets quarantined, comes down with pink-eye and a cough

Three escaped monkeys were tracked down in the woods and immediately euthanized. The woman who gave eyewitness testimony was also in the vicinity of the three “escaping monkeys.” One of the monkeys reportedly “hissed” at her. She was eventually approached by a representative for the CDC. The representative told her that the CDC and the Pennsylvania Department of Health would be in touch with her. The CDC advised her to watch for symptoms and alert her doctor if she came down ill with certain symptoms. Now, she is reportedly sick with cold-like symptoms, a cough and pink-eye. When she visited the Geisinger Medical Center ER, she was given four rabies shots and a 14-day course of Valacyclovir — an antiviral drug that treats cold sores, chickenpox and shingles. She is being monitored closely. [MORE]

Citizens Beg Authorities to Put Penn Hills Cop who Murdered Black Man on Desk Duty [If a Servant can’t be hired or fired by you and provides a compulsory “service" then he is actually your Master]

From [HERE] Tempers flared during a Penn Hills council meeting Monday night after a former Wilkinsburg police officer accused of killing a man was reinstated to the police force.

Activists want a Penn Hills officer who was involved in a deadly shooting in Wilkinsburg off the job again.

Penn Hills hired officer Robert Gowans and then fired him. Gowans was the officer involved in the fatal shooting of Romir Talley while on the force in Wilkinsburg in 2019. Gowans was not charged in Talley’s death. After a community outcry, Penn Hills fired Gowans.

“If you lived in Penn Hills, if those were your streets he was policing, if he was the cop that would show up if you called 911, would you feel safe in that community? Would you feel safe calling the police? No, you wouldn’t,” said activist Devon Adwoa.

Officer Gowans filed a grievance with the police union following his termination and was reinstated as an officer. The union argued Gowan was illegally terminated and proper procedures weren’t followed.

Now that Gowans has been reinstated to the Penn Hills police force, the community backlash continues. Members of the Alliance for Police Accountability held signs in borough council chambers Monday and asked for Gowans to be put on desk duty.

“We feel like he is a danger to the community and would not like to see what happened in Wilkinsburg repeat itself in the Penn Hills community,” said a spokesperson for Alliance for Police Accountability.

The mother of Romir Talley, full of emotion, also spoke out against the hiring of Robert Gowans.

“Now I couldn’t protect my son that night but I will try my damndest to protect these kids in Penn Hills because I will not sit back and watch what that man, that thug, did to my son,” said LaTasha Talley.

Penn Hills Mayor Pauline Calabrese told KDKA: “This matter went through the legal process and a ruling has been handed down.”

Police claimed Talley fired a shot at them that night. Talley’s family claims his killing was a case of mistaken identity.

District Attorney Stephen Zappala has not filed any criminal charges against Gowans. A spokesperson for the DA says the case is still under review.

White Utica Cop Caught on Video Kicking a Restrained Black Man's Face Several Times While wearing Boots Pled Guilty to Felony pursuant to Plea Deal Requiring Him to Resign, but No Jail Time

From [HERE] The Utica police officer caught on video stomping on a Black man’s head while he was in police custody has pleaded guilty to a federal civil rights violation.

Matthew Felitto admitted to kicking Kerwin Taylor in the head and chest while transporting him to the station on Sept. 4, 2020. Taylor had his hands and feet shackled at the time of the assault. The DOJ stated,

As part of his guilty plea today, Felitto admitted that on September 4, 2020, while working as a police officer for the Utica Police Department, he arrived on the scene of an arrest to assist in transporting the arrested individual to the station. The arrestee was handcuffed behind his back and in leg shackles when Felitto arrived, because the arrestee had been refusing to comply with the commands of other officers already on-scene. Felitto helped those officers place the arrestee in the back of a police van. Once the arrestee was lying on the floor of the van face up and restrained, Felitto kicked him several times in the face and upper chest while wearing work boots. The kicks were without legal justification and were made with sufficient force to cause the arrestee pain and a bruised/swollen lip.

Pursuant to the terms of the plea agreement, Felitto was required to, and did, resign from the Utica Police Department effective immediately. Sentencing is scheduled for May 25, 2022. If the Court accepts the parties’ plea agreement, the defendant will receive a sentence of probation for a term and under conditions set by the Court, and a fine of $7,500. As a felon, Felitto will also be prohibited from owning or possessing a firearm. [MORE]

Taylor was awarded $150,000 in the excessive force case.

The Brennan Center says Biden Has Made “Little or No Progress" after Promising “to root out systemic racism in our criminal justice system and to enact police reform in George Floyd’s name"

From [HERE] President Biden campaigned on a pledge to “strengthen America’s commitment to justice and reform our criminal justice system.” Unfortunately, that promise remains unfulfilled in several key areas. That’s especially disappointing given how many key reforms lie within the discretion of the executive branch.

As the administration completes its first year, it’s worth looking at key areas where action must be taken in the second.

Little or No Progress

Revitalizing the federal clemency power

Biden campaigned on a promise to “broadly use [the] clemency power for certain non-violent and drug crimes.” The executive’s pardon power is extraordinarily broad, and could serve as a powerful corrective to excessive punishment in the federal system generally, as well as a tool for righting specific wrongs. However, as of January 10, 2022, Biden had not granted any petitions for a pardon or commutation.

To be sure, President Obama waited several years before launching his clemency initiative, with most of his grants coming months before leaving office. But such political caution is no longer necessary — if it ever was — due to the broad, bipartisan support for clemency.

This inaction also underscores the need for broader reform. For years, experts of all political affiliations have called for a reworking of the federal clemency power. [MORE]

After Promising Reform and Properly Funded Programs, Corpse Joe is Now Pandering to Police, Racists. Black Voters and their welfare weren't the end of the electoral process but the means for winning

From [HERE] In a speech to American mayors last week, Biden made his priorities clear on how cities should spend emergency funding from the $1.9 trillion American Rescue Plan clear: affordable housing, childcare and jobs, and police.

“We shouldn’t be cutting funding for police departments,” Biden said during the speech at the annual United States Conference of Mayors winter meeting on Jan. 21. “Look, we ask cops to do everything, including being psychologists and social workers. Guess what?  They need psychologists and social workers.”

He argued American cities should invest more in their police departments so that they’re able to work better in communities. The comments were met with applause by the audience of mayors, many of whom had already made commitments along these lines. Several of the biggest cities in the US, including New YorkLos Angeles, and Washington DC were already increasing their law enforcement budgets in 2021 as crime rates rose.

Will Bunch explained, For decades after urban crime spiked, Dems have offered voters a GOP-lite version of conservative law-and-order politics that resulted in modern America’s mass incarceration regime, along with police brutality and wrongful convictions.

That both political parties tripped over each other in racing to hire more and more cops, lengthen prison sentences, and wage an over-the-top “war on drugs” made it all the more stunning in the spring of 2020 when millions of Americans took to the streets after the police murder of George Floyd to demand radical change. For a remarkable — and remarkably brief — moment, most Democrats rushed to embrace a new world order in which cops wouldn’t just operate under stricter rules but policing itself would be downsized in favor of social services.

The poster child of this pivoting ideology was arguably the then-Democratic nominee for president, Joe Biden. He was a key architect of the 1994 federal crime bill that put a U.S. stamp of approval on mass incarceration, but when taking office in 2021, President Biden promised “to root out systemic racism in our criminal justice system and to enact police reform in George Floyd’s name.”

But the echo of 2020′s bold promises had barely died down when the murder rate spiked across much of America, driven heavily, experts increasingly believe, by rage and ennui over the endless COVID-19 pandemic. Terrified by fear that the activists’ chants of “defund the police” would cost their party the 2020 and 2021 elections, top Democrats are now scurrying back to the old playbook by calling for more cops.

Pennsylvania’s Democratic candidate for governor, Attorney General Josh Shapiro is leading the way. The veteran Montgomery County politician needed no big push to stand with officers — the controversial Philadelphia Lodge of the Fraternal Order of Police donated $25,000 to Shapiro’s 2020 AG campaign — and the lack of a primary challenger has allowed him to drift to the center-right, months before the general election.

“We need more police ... more police with time to form relationships in the community that they serve,” Shapiro said last month in West Philadelphia. Although Shapiro tempers his remarks with a call for community policing and calls for other services besides law enforcement, his emphasis on more cops — including a plan for hiring bonuses of $6,000 for new recruits — have grabbed headlines early in his campaign.

Biden echoed this last week at the U.S. Conference of Mayors. “We shouldn’t be cutting funding for police departments,” he said. “I proposed increasing funding.” Biden had also promised a national commission on police reform in his first 100 days, then scrapped that to focus on the George Floyd Justice in Policing Act — which then failed to pass.

Look, no one is disputing that the increase in murders including a record in Philadelphia last year, with horrific headlines about little kids struck by stray bullets or the Asian woman pushed in front of a New York subway train — demands full and prompt attention from our political leaders. But is there any evidence that hiring more cops is the answer? Especially when many high-profile killings — involving domestic violence or road rage — happen in places and ways that defy traditional police methods.

The evidence that hiring cops alone reduces crime just isn’t there, even anecdotally. There were multiple NYPD officers on the platform when a man suddenly pushed Michelle Go onto the tracks, for example. The evidence also is not really there statistically either. One study by University of Pennsylvania criminologist Aaron Chiflin found that little more than half (54%) of cities that hire more police see murders fall, but Chiflin told the New York Times there are many reasons why crime goes up or down.

Nicole Gonzalez Van Cleve, the Brown University (and formerly Temple University) sociologist who wrote the award-winning Crook County about Chicago’s dysfunctional justice system, noted that police who boast about their role in bringing crime rates down rarely accept responsibility when they spike back upward. Van Cleve and other experts also note that political calculations about adding cops rarely factor in the negative impacts, such as increased brutality cases, or more traffic stops or stop-and-frisk encounters which could either go bad, or else result in more folks behind bars for non-violent crimes.

“For many people — if you’re Black in Philadelphia, for example — seeing foot patrol officers doesn’t make you feel safer,” Van Cleve said.

But for politicians like Shapiro or Biden, promising to hire more cops is the quickest shortcut for blunting Republican attacks that they’re “soft on crime.” In other words, it’s largely pandering, and it downplays the evidence that other forms of intervention in struggling neighborhoods — increasing mental health services or drug treatment, funding pre-kindergarten, or simply fixing streetlights — are more effective. [MORE]

Black Youth Face Rising Rates of Depression, Anxiety, Suicide

From [HERE] Nearly everyone has experienced a degree of anxiety or depression due to the pandemic. But for young Black people also confronting persistent racism and ever-widening inequities, the current moment has led to an acute crisis in mental health.

The suicide rate among Black youth, which for years trailed that of Asian and white students, has doubled since 2014 is now twice the statewide average, far exceeding all other groups, according to the California Department of Public Health. Twelve of every 100,000 Black 18-24-year-olds died by suicide in 2020. In 2014 the Black suicide rate was about 25% lower than that of white students and 15% lower than the rate among Asian students.

Black young people are also more at risk of depression, anxiety and stress due to the pandemic, and the recent spotlight on police violence against Black people, according to a December advisory from the U.S. surgeon general. Gun violence, climate change and economic uncertainty also play a role.

“The data is absolutely not surprising. … Black students are in a crisis nationally,” said April Clay, head of counseling and psychological services at California State University, Los Angeles. “Many Black students are experiencing paralyzing anxiety and grief. It’s hard to talk about, and it’s hard for them to find help.”

Black people generally have suffered disproportionately during the pandemic, with higher death rates, higher hospitalization rates and less access to health care, according to the Centers for Disease Control and Prevention. But the murder of George Floyd in May 2020 brought forth months of intense media coverage of police brutality and racism, which some Black young people said they found deeply stressful.

“The disparate impact of Covid, plus these additional pressures, have brought Black youth to the brink,” said Lishaun Francis, director of behavioral health at Children Now, a research and advocacy organization that recently released a report detailing the challenges facing young people in California, including mental health struggles among Black youth.

Misdiagnosis also plagues Black youth struggling with mental health, Francis said. A Black student who’s acting out in class too often faces discipline rather than counseling, and Black people with more serious mental health challenges, such as schizophrenia, are more likely to end up in police custody than in psychiatric treatment. [MORE]

NY Mask Mandate Voided as an Abuse of Power, Violated the Separation of Powers. NY Heath Agency is an Unelected Body of Public Officials, Has No Authority to Enact Laws. Laws are Made by Legislature

From [HERE] Enacting any laws to end COVID "is entrusted solely to the State Legislature," Nassau County Judge Thomas Rademaker wrote in the opinion.

  • "Should the State Legislature, representative of and voted into office by the citizens of New York, after publicly informed debate, decide to enact laws requiring face coverings in schools and other place places then the Commissioner would likely be well grounded in properly promulgated and enacted rules to supplement such laws."

  • The opinion also explained that there must always be a factual basis for emergency rulemaking by agencies. Such a basis cannot be cut and pasted to each request to renew an emergency. Here, the regulation contained no factual basis as to how the masks are necessary to the emergency (necessary to stop the spread)

A Long Island judge struck down New York state’s indoor mask mandate Monday, saying health officials needed approval from the legislature for a December rule requiring face coverings in schools, transit hubs and other indoor settings.

State Supreme Court Justice Thomas Rademaker ruled in Nassau County that Health Commissioner Mary Bassett didn’t have the authority to issue an emergency regulation last year requiring masks in indoor settings. Dr. Bassett’s masking rules were issued after Gov. Kathy Hochul declared a state of emergency amid rising Covid-19 infections on Nov. 26.

Judge Rademaker wrote that the regulations needed to be “tailored, necessarily related, and attached to a law that the State Legislature has passed.” He struck down the regulations and barred the state from enforcing them.

In a statement, Ms. Hochul, a Democrat, said the mask requirements helped curb the spread of Covid-19. “We strongly disagree with this ruling, and we are pursuing every option to reverse this immediately,” she said.

The ruling was the latest setback dealt by the judicial branch to government-imposed Covid-19 restrictions. The U.S. Supreme Court earlier this month blocked federal vaccine-or-testing rules for large employers, but federal courts have allowed state and federal vaccine mandates for healthcare workers.

Judge Blocks Biden's Irrational, Harmful Injection Mandate for Federal Workers

From [HERE] Trump-appointed federal judge issued a nationwide injunction Friday blocking the requirement for federal employees to get inoculated against Covid-19.

Feds for Medical Freedom, a Nevada nonprofit comprised of thousands of employees of federal agencies, formed to oppose the Biden administration’s Covid-19 vaccine mandates, and dozens of its members sued President Joe Biden, all members of his Cabinet and other federal officials on Dec. 21 in Galveston federal court.

The lawsuit took aim at the White House’s directives for federal agencies to require Covid vaccines of all their employees and for federal contractors to do the same with their workforces or face losing their contracts with the government.

“I have determined that ensuring the health and safety of the federal workforce and the efficiency of the civil service requires immediate action to protect the federal workforce and individuals interacting with the federal workforce,” Biden said in a Sept. 9 statement unveiling the directive.

 With the federal contractor mandate already blocked by a nationwide injunction, Feds for Medical Freedom’s attorney Trent McCotter of the Washington firm Boyden Gray & Associates acknowledged in a Jan. 13 preliminary injunction hearing he does believe Biden has the power to force members of the military to get the jab under Article II of the Constitution, but argued that authority doesn't extend to civilians.

“I don’t think there’s any inherent Article II power over civil employees being vaccinated," McCotter said. "And I don’t think there’s any statutory provision that has actually given the executive this power. … Maybe it’s a separate question whether Congress could do so. I just don’t believe they have done so.”

Justice Department attorney James Gillingham disputed that claim. He said Article II gives a president authority to oversee the federal workforce, and said Congress recognized that authority with passage of Section 7301 of the U.S. Code, which states, “The president may prescribe regulations for the conduct of employees in the executive branch.”

“I think that the act of getting vaccinated is definitely something that would be conduct and falls within even the congressional recognition of this power," Gillignham said.

He argued that “given we’re in a unique situation” of a pandemic in which Covid-19 has killed more than 800,000 Americans, hospitalized 3.5 million and hundreds of thousands are testing positive every day, the president taking steps to ensure the safety of the federal workforce is “something that is right in the middle of what [Biden] is charged to do.”

U.S. District Judge Jeffrey Brown asked Gillingham how far the president could extend that power.

“I think we’re not close to the edges of the power,” Gillingham replied. “There would be a limit. We’re just not near that limit.”

Brown, a Donald Trump appointee, also probed the attorneys on how soon a federal employee could face discipline for not complying.

While they agreed they did not know any government worker who had been suspended or fired yet, McCotter said plaintiff Keri Divilbiss, a Houston-area employee of the Agriculture Department, had received a notice of suspension that could be enforced as soon as Friday.

Apparently timing his order to prevent the agency from suspending Divilbiss, Brown issued a nationwide injunction early Friday against the mandate, citing the U.S. Supreme Court’s recent decision to stay another one from the Occupational Safety and Health Administration requiring large businesses to get their staff inoculated against Covid-19 or force them to undergo weekly tests for the virus.

“The court notes at the outset that this case is not about whether folks should get vaccinated against Covid-19—the court believes they should,” Brown wrote. “It is not even about the federal government’s power, exercised properly, to mandate vaccination of its employees. It is instead about whether the president can, with the stroke of a pen and without the input of Congress, require millions of federal employees to undergo a medical procedure as a condition of their employment. That, under the current state of the law as just recently expressed by the Supreme Court, is a bridge too far.”

Noting the government has provided no examples of a previous president invoking Article II power to impose medical procedures on civilian federal employees, Brown found Biden had overstepped his authority.

“Congress appears in § 7301 to have limited the president’s authority in this field to workplace conduct. But if the court is wrong and the president indeed has authority over the conduct of civilian federal employees in general—in or out of the workplace—'what is the logical stopping point of that power?’” the judge wrote, citing the Sixth Circuit’s Jan. 5 order in a case challenging the federal contractor vaccine mandate.

“Is it a ‘de facto police power?’" Brown added. “The government has offered no answer—no limiting principle to the reach of the power they insist the president enjoys. For its part, this court will say only this: however extensive that power is, the federal-worker mandate exceeds it.”

The Justice Department urged Brown not to issue a nationwide injunction because most of the around 50 individual plaintiffs have applied for an exemption on religious or medical grounds from the vaccine mandate. It said he could tailor the injunction to the dozen who have stated in affidavits they don’t plan on asking for exemptions.

But the judge determined tailoring would not be practical and would be unwieldy given the large number of federal employees who oppose the mandate.

“The lead plaintiff, Feds for Medical Freedom, has more than 6,000 members spread across every state and in nearly every federal agency, and is actively adding new members,” he wrote.

Despite the thousands of holdouts, most federal employees have hitched up their sleeves and received the shots.

The White House set a Nov. 22 deadline for federal employees to comply but noted in an update in early December it was not a hard deadline.

“For those employees not yet in compliance, agencies are undertaking a period of education and counseling, to be followed by additional enforcement steps," it said. "These efforts have already resulted in increased levels of vaccination and compliance. As of Dec. 8, 2021, the federal government has achieved 97.2% compliance with 92.5% of employees having received at least one Covid-19 vaccination dose.” 

The Justice Department said it will appeal Brown's order.

Mandating a vaccine to stop the spread of a disease requires evidence that it prevents infection or transmission. There's NO EVIDENCE the Fake-Vax Does that, so It's irrational, legally indefensible

From [WSJ] 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.

oth 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.”

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 putsit, “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.

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.

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.”

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.”

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.

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. 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. 

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.

Dr. Montagnier was a winner of the 2008 Nobel Prize in Physiology or Medicine for discovering the human immunodeficiency virus. Mr. Rubenfeld is a constitutional scholar.