And so, as legitimate fear seeks the comfort of direction, a new way of talking about medical information appears. Attach a prefix, dis- or mis-, and good ideas shall trump the bad. In a utopian world where absolute truth is decipherable, we are surely obliged to separate fact from fiction. But in a corruptible world, it’s worth remembering that medical patients (though not psychiatric ones) are encouraged to seek a second opinion in matters of life and death.

Human beings, no matter how credentialed, are fallible participants in the mysteries of life, and doctors institutionalized with narrow sets of knowledge can therefore make errors of judgment. Not because they’re evil, but because they’re limited. All of us, and our certainties, are subject to revision.

Given that, the question becomes, who is certain enough of their knowledge that they may damn medical information in prefixes for us all?

Major online content platforms have an answer. They defer to institutions authorized by government bodies, such as the Centers for Disease Control and Prevention and the World Health Organization. These elite bodies of experts provide sets of standards that demarcate medical truth from falsity, which a hodgepodge of third-party fact-checking organizations then rely upon to hunt down bad information across the web.

Now, in the old days, censorship meant blacklisting (which still happens), but in an internet age where liabilities for unfairness are more visible to the public square, online companies more often engage in a soft censorship—allow the dissenter to speak, but lessen the chances they’ll be heard. As Facebook puts it, “Each time a fact-checker rates a piece of content as false, Facebook significantly reduces the content’s distribution so that fewer people see it…and we show strong warning labels and notifications to people who still come across it, try to share it or already have.”

Perhaps you believe that demoting bad medical information during a pandemic is a necessary strategy for saving lives. Surely there’s a compassionate case to be made that the common good is more sacrosanct than an individual’s liberty to vibrate their vocal cords in whatever contortions they want, wherever they want, no matter the ruin. The trouble is, new powers of authority rarely contain themselves. Instead, incrementally, they parasitize new territories.

So I was unfortunately unsurprised to see the New York Times—paper of record—publish an opinion piece titled “Joe Rogan is a Drop in the Ocean of Misinformation.” The authors, who worked on the imperiously–named Global Commission on Evidence to Address Societal Challenges, insist we are living in a manipulated marketplace where specious cures for anything and everything find their way far too easily into ailing bodies. Their solution: the soft censorship of not just pandemic unorthodoxy, but bad information across all medical fields.

We must, they propose, regulate flows of information to ensure that whatever medical advice we encounter online is best for us. Of course, they fail to mention who will lead that discernment, but we can hazard a guess they’d prefer a cosmopolitan run–of–the–mill MD over your village witch, a psychiatrist over their client.

Let us apply these authors’ suggestions to mental health, now that the field has graduated in the public eye into a bonafide hard science worthy of the designation “medical.” How might the downgrading of dissent in mental health impact accessibility to knowledge?

Imagine a Facebook group called “Coming Off Antipsychotics,” thousands of members strong. A commenter claims antipsychotics cause brain damage, maybe coaches another member restrained by a court order on how to quit taking them without getting caught. Now imagine that group in the censorious crosshairs of fact-checkers following standards set by major psychiatric institutions.

Indeed, to a profession that regularly uses coercion and force to keep clients medicated, any information that’s dissuasive against treatment is hazardous. This is why, for instance, a peer support worker in a conventional setting might be eagerly invited to share their recovery process when it follows protocol, but discouraged when it includes non–non-compliance: Saying “I got better when I accepted my illness, went to group, and found the right med” is much preferred by the authorities to “I got better when I ditched Haldol, took up kratom and weed, hooked into poker night at the local bar and joined a cult that worships Bastet the ancient cat Goddess.”

I fear a public health approach to so-called mental illness in the internet age will soon entail demoting online talk of violating treatment. To get rolling, all that’s needed is one incident wherein a member of that aforementioned Facebook group quits medications and acts dangerously in public view, for force–supporting organizations lie in wait ready to capitalize on the public’s fear.

And let’s be honest, when prefixes land on mental health information, they’re going to tag alternative modalities like Reiki, claims against the damage of shock, unconventional theories of causation, criticism of diagnoses as bogus constructs, folksy herbal cures, and so on. Never mind that my own saving grace has been the renegade psychiatric survivor movement, wherein I’ve met others who speak on their own terms, who’ve helped me clarify mine, who’ve never read me through a hospital note but asked that I narrate my reality instead.

“Health misinformation,” such as the kind that challenges psychiatric orthodoxy, “is a serious threat to public health,” proclaims the US Surgeon General. “It can cause confusion, sow mistrust, harm people’s health, and undermine public health efforts. Limiting the spread of health misinformation is a moral and civic imperative that will require a whole-of-society effort.”

“Limiting the spread.” Apparently, misinformation is now a virus capable of inoculating vulnerable hosts with discursive toxins that “undermine” public health. The task upon us is “moral,” and we do our “civic” duty when ensuring people accept that doctor knows best.

For what it’s worth, Facebook’s parent company, Meta, welcomes prefixes on bad information. As Joseph Bernstein notes in his illuminating article, “Bad News: Selling the Story of Disinformation,” these companies’ bottom line, always cash, is not threatened by framing the problem as one of information itself. Such myopia ensures the trust-busters, who could use anti-monopoly powers to weaken social media’s sway, instead stay at bay, while allowing propaganda-producing algorithms to remain obscure to regulation and consumer control.

More importantly, it strategically obfuscates the structural reasons why people gravitate towards bad information—their economic lives are ruined, their communities have fallen apart, their religions are disintegrating, healthcare is bankrupting their families, drugs are destroying their neighbors, and their traditions are losing meaning. In the midst of such politically-induced rot, people quite reasonably distrust institutions and their sneering spokespeople who lied to them about WMDs, the 2008 financial crisis, the return of good jobs, the addictive nature of opioids, and on and on it goes.

So let me end with an anecdote—the mark of unscientific knowledge—for I’ve tasted my own flavor of rot: that of my body, decaying in autoimmune disease. When my spine was so bitten that I could no longer bend over to pull up socks, I too did something crazy (as pain will have you do). I sat down at my computer, googled “Ankylosing Spondylitis natural pain relief,” and through a series of meandering clicks, headed ever further into an unguarded dungeon where risky potions lie. Eat poop? Get bitten by the Mexican bark scorpion?

Nah, I settled on an industrial solvent, a purely chemical byproduct from large-scale wood manufacturing. Even though the product’s intended use as a skin applicant was deemed dangerous by credentialed sources, I went further. I popped open the cap, recalled my halcyon days with Mr Jack Daniel’s, flipped my head back and gulped down a bitter shot. Like everything else, authorized or not, it didn’t take away the pain. But I felt a tingling sense of pride, maybe a little free. The Surgeon General would’ve been horrified.

About the Author

Steven Morgan has worked in mental health peer support since 2005. Beginning in 2013, he worked for seven years with Intentional Peer Support as an international trainer and Operations Manager.

Unfortunately, Fauci’s memoir omits vital details about his failures as an administrator, an adviser to politicians, and a key figure in America’s public health response to infectious disease threats over the past 40 years. His life story is a Greek tragedy. Fauci’s evident intelligence and diligence are why the country and the world expected so much of him, but his hubris caused his failure as a public servant.

It is impossible to read Fauci’s memoir and not believe he was genuinely moved by the plight of AIDS patients. Since the first time he learned of the illness from a puzzling and alarming case report, his laudable ambition has been to conquer the disease with drugs and vaccines, cure every patient, and wipe the syndrome from the face of the earth. He is both sincere and correct when he writes that “history will judge us harshly if we don’t end HIV.”

When an aide in 1985 offered to quit when he contracted AIDS for fear of scandal at Fauci’s beloved National Institute of Allergy and Infectious Diseases (NIAID), Fauci hugged him, declaring “Jim, you crazy son of a bitch, there is no way in the world I would ever let you go.” This was Fauci at his best.

But Fauci paints an incomplete picture of his attitude toward AIDS patients in its early days. In 1983, in response to a case report of an infant with AIDS published in The Journal of the American Medical Association, Fauci told the press that AIDS might be spread by routine household contact. There was no good evidence then and is none now to suggest that HIV is transmitted that way. But Fauci’s statement, prominently echoed in the media, panicked the American people, almost certainly leading many to physically shun AIDS patients out of an unfounded fear of catching the disease.

Fauci does not address this incident, so one is left to speculate about why he was attracted to this theory. One possibility is that there was little political support for government spending on AIDS when the public thought it only affected gay men. As the public came to understand AIDS impacted broader populations, such as hemophiliacs and IV drug users, public support for funding HIV research expanded.

Fauci was tremendously successful in eventually building public support for government spending on treating and trying to prevent the spread of AIDS. Likely no other scientist in history moved more money and resources to accomplish a scientific and medical goal than Fauci, and his memoir proves he was highly skilled in managing bureaucracy and getting his way both from politicians and from an activist movement that was at first highly skeptical about him. (One prominent AIDS activist, playwright Larry Kramer, once called Fauci a murderer.)

Fauci’s response to activist criticism was to build relationships and use them as a tool to push for more government funding. Fauci’s activist allies seemed to understand the game, staging attacks on Fauci, both playing their part to gain more money for HIV research.

By contrast, his treatment of scientific critics is harsh, crossing lines that federal science bureaucrats should not cross. In 1991, when University of California, Berkeley, professor and wunderkind cancer biologist Peter Duesberg put forward a (false) hypothesis that the virus, HIV, is not the cause of AIDS, Fauci did everything in his power to destroy him. In his memoir, Fauci writes about debating Duesberg, writing papers, and giving talks to counter his ideas. But Fauci did more, isolating Duesberg, destroying his reputation in the press, and making him a pariah in the scientific community. Though Fauci was right and Duesberg wrong about the scientific question, the scientific community learned it was dangerous to cross Fauci.

Fauci’s HIV record is mixed. The great news is that, because of tremendous advances in treatment, a diagnosis of HIV is no longer the death sentence it was in the 1980s or 1990s. Fauci claims credit in his memoir, pointing out that the NIAID developed a clinical trial network that made it easier for researchers at pharmaceutical companies to conduct randomized studies of the effectiveness of HIV medications. But any competent National Institutes of Health (NIH) director would have directed NIAID resources this way.

Furthermore, many in the HIV community have criticized Fauci for not using this network to test treatment ideas developed within the community—especially off-patent medications. Fauci is more reasonable when he takes credit for the 2003 creation of the President’s Emergency Plan for AIDS Relief program (PEPFAR), through which the US sent effective HIV medications to several African nations.

Despite billions of dollars spent on the task, no one to date has produced an effective HIV vaccine or a definitive cure, and the virus remains a threat to the health and well-being of the world population. By Fauci’s own high standard, there is still a long way to go.

In the early days of the war on terror, Fauci became head of civilian biodefense, with the mandate to develop and stockpile countermeasures to biowarfare agents. This appointment made Fauci one of the most well-paid and powerful figures in the US government. Fauci leveraged his deep knowledge of the federal bureaucracy, streamlining federal contracting rules to issue “sole source contracts” and “rapid research grants” to create constituencies of companies and scientists who depended on Fauci for their success.

In 2005, avian flu emerged and spread among birds, chickens, and livestock. Also spreading were worries that the virus could evolve to become more transmissible among human beings. Fauci deployed NIAID money to develop an avian flu vaccine, leading the government to stockpile tens of millions of ultimately unused and unnecessary doses.

At this point, virologists persuaded Fauci’s NIAID to support dangerous scientific lab experiments designed to make the avian flu virus more easily transmissible among humans.

In 2011, NIAID-funded scientists in Wisconsin and the Netherlands succeeded. They published their results in a prestigious scientific journal, so that anyone with the knowledge and resources could replicate their steps. They effectively weaponized the avian flu virus and shared the recipe with the world, with Fauci and his agency in full support.

The idea behind this gain-of-function research was that we would learn which pathogens might leap into human beings, and that knowing that would help scientists develop vaccines and treatments for these prospective possible pandemics. Fauci, writing to molecular biologists in 2012, downplayed the possibility that laboratory workers or scientists studying these dangerous pathogens might cause the pandemic they were working to prevent.

He also argued that the risk of such an accident was worth it: “In an unlikely but conceivable turn of events, what if that scientist becomes infected with the virus, which leads to an outbreak and ultimately triggers a pandemic? Many ask reasonable questions: given the possibility of such a scenario—however remote—should the initial experiments have been performed and or published in the first place, and what were the processes involved in this decision? Scientists working in this field might say—as indeed I have said—that the benefits of such experiments and the resulting knowledge outweigh the risks. It is more likely that a pandemic would occur in nature, and the need to stay ahead of such a threat is a primary reason for performing an experiment that might appear to be risky.”

The NIH did pause funding gain-of-function work aimed at increasing germs’ pathogenicity. The pause didn’t last long, though. In the waning days of the Obama administration, the government implemented a bureaucratic process to permit NIH and NIAID to fund gain-of-function work again. Fauci played a pivotal behind-the-scenes role in reversing the pause, but his memoir provides almost no information about what he did. This is a gaping, telling hole, given the subsequent history with Covid-19.

Among the projects Fauci and the NIAID funded during these years was research to identify coronaviruses in the wild and bring them into laboratories to study their potential for causing a human pandemic. The work encompassed laboratories worldwide. Fauci’s organization funded an American outfit, EcoHealth Alliance, which worked with scientists at the Wuhan Institute of Virology.

In his memoir, Fauci goes out of his way to deny that any NIH money went to any activities that might have led to the creation of the SARS-CoV-2 virus that causes Covid. When Sen. Rand Paul (R–Ky.) in July 2021 confronted Fauci with the possibility that Fauci’s NIAID had funded this work, Fauci resorted to cheap debate tactics to obfuscate his and the NIH’s responsibility in supporting this work. It is undeniable that Fauci championed pathogen enhancement for a decade or more.

While the molecular biological and genetic evidence for a laboratory origin of SARS-CoV-2 is strong, many virologists disagree. (Their entire field would come under a cloud were it true, and many virologists’ careers have been generously supported by Fauci’s NIAID.) The debate on this topic rages on. A review of Fauci’s memoir is not the place to settle the dispute.

But in judging Fauci’s record as a scientist and a bureaucrat, it’s worth knowing that in 2020, Fauci and his boss, Francis Collins, failed to empanel public discussions and debates on this vital topic. Instead, they created an environment where any scientist voicing the lab-leak hypothesis came under a cloud of suspicion, accused of advancing unfounded conspiracy theories. As with Duesberg, Fauci sought to destroy the careers of dissenting scientists.

In his memoir, Fauci writes of a “right-wing…smear campaign [that] soon boiled over into conspiracy theories.” He asserts, “One of the most appalling examples of this was the allegation, without a shred of evidence, that an NIAID grant to the EcoHealth Alliance with a sub-grant to the Wuhan Institute of Virology in China funded research that caused the COVID pandemic.”

But in Congressional testimony in 2024, Fauci denied that he had called the idea of a lab leak a conspiracy theory: “Actually, I’ve also been very, very clear and said multiple times that I don’t think the ‘concept’ of there being a lab leak is inherently a conspiracy theory.”

This self-serving denial makes a lawyerly distinction between the possibility of a lab origin of the Covid pandemic and the NIH’s funding of EcoHealth Alliance to work with the Wuhan Institute of Virology on coronaviruses. These are neither “right-wing” nor “conspiracy theories,” and the likelihood of a connection between the two is, for good reason, the subject of active bipartisan congressional investigation.

Fauci was quick to gather all the glory of administrative achievements like PEPFAR to himself while decrying any possibility of blame for the origin of Covid. But if he is responsible for the consequences of one (the millions of Africans saved because of PEPFAR), he is responsible for the consequences of the other. This includes the tens of millions who have died due to the Covid pandemic and the catastrophically harmful lockdowns used to manage it. This is Fauci at his worst.

By any measure, the American Covid response was a catastrophic failure. More than 1.2 million deaths have been attributed to Covid itself, and deaths from all causes have stayed high long after the number of Covid deaths themselves diminished. In many states, particularly blue states, children were kept out of school for a year and a half or longer, with devastating effects on their learning and future health and prosperity.

Coercive policy regarding Covid vaccination, recommended by Fauci on the false premise that vaccinated people could not get or spread the virus, collapsed public trust in other vaccines and led the media and public health officials to gaslight individuals who had suffered legitimate vaccine injuries. To pay for the lockdowns recommended by Fauci, the US government spent trillions of dollars, causing high unemployment in the most locked-down states and a hangover of higher prices for consumer goods that continues to this day. Who is to blame?

Fauci served as a key adviser to both President Donald Trump and President Joe Biden, and was a central figure on Trump’s Covid task force that determined federal policy. If Fauci has no responsibility for the outcomes of the pandemic, nobody does. Yet in his memoir’s chapters on Covid, he simultaneously takes credit for advising leaders while disclaiming any responsibility for policy failures.

Fauci implausibly writes that he “was not locking down the country” and “had no power to control anything.” These statements are belied by Fauci’s own bragging about his influence on a host of policy responses, including convincing Trump to lock the country down in March 2020 and extend the lockdown in April.

He discusses the extended closure of schools, now almost universally seen as a bad idea, in the passive voice, as if the virus caused the school closures on its own. In Congressional testimony in 2020, Fauci exaggerated the harm to children from getting infected with Covid, instilling fear in parents that their kids might suffer from a rare complication of Covid infection if they sent them to school. It is impossible not to recall Fauci exaggerating the risk of children contracting HIV from casual contact.

In May 2020, Fauci said that schools should reopen, conditional on “the landscape of infection with regard to testing.” But he also recommended six-foot social distancing, based on no evidence—a policy that made it nearly impossible to open schools. Fauci opposed churches holding services and mass, even outdoors, despite the lack of evidence that the disease spread there. His memoir provides little detail about the scientific data he relied on to support these policies.

All this background makes his discussion of the Great Barrington Declaration all the more galling. The Declaration is a short policy document I wrote along with Martin Kulldorff (then of Harvard University) and Sunetra Gupta (of the University of Oxford) in October 2020.

Motivated by recognizing that the lethality and hospitalization risk from Covid was 1,000 times lower in younger populations than in older, the document had two recommendations: (1) focused protection of vulnerable older populations, and (2) lifting lockdowns and reopening schools. It balanced the harms of the lockdowns against the risks of the disease in a way that recognized that Covid was not the only threat to human well-being and that the lockdowns themselves did considerable harm.

Fauci denigrates the Great Barrington Declaration as being filled with “fake signatures,” though FOIAed emails from the era make it clear he knew tens of thousands of prominent scientists, doctors, and epidemiologists had co-signed it. In his memoir, he repeats a propaganda talking point about the Declaration, falsely claiming the document called for letting the virus “rip.” In reality, it called for better protection of vulnerable elderly people.

Fauci asserted it was impossible to “sequester to protect the vulnerable” while simultaneously calling for the whole world to sequester for his lockdowns. His rhetoric about the Great Barrington Declaration poisoned the well of scientific consideration of our ideas. With brass-knuckle tactics, he won the policy fight, and many states locked down in late 2020 and into 2021.

The virus spread anyway.

Fauci does not mention the success of Swedish Covid policy, which eschewed lockdowns and instead—after some early errors—focused on protection of the vulnerable. Swedish all-cause excess death rates in the Covid era are among the lowest in Europe and much lower than American all-cause excess deaths. The Swedish health authorities never recommended closing schools for children 16 and under, and Swedish children, unlike American children, have no learning loss.

If lockdowns were necessary to protect the population, as Fauci claims, Swedish outcomes should have been worse than American ones. Even within the United States, locked-down California had worse all-cause excess deaths numbers and economic outcomes than Florida, which opened in the summer of 2020. It is shocking that Fauci still does not seem to know these facts.

Near the end of his memoir, Fauci writes that by March 2022, he knew “there would not be a clear end to the pandemic;” the world would need to learn to “live indefinitely with COVID.” He reasons that “perhaps the vaccine and prior infection had created a degree of background immunity.” This is as close as he comes in the book to admitting error.

A part of me cannot help but admire Fauci, but the extent of damage caused by his hubris gets in the way. He once told an interviewer, “If you are trying to get at me as a public health official and a scientist, you’re really attacking not only Dr. Anthony Fauci, you’re attacking science….Science and the truth are being attacked.” Despite his career accomplishments, no one should give any man, much less Fauci, credit for being the embodiment of science itself.

If Fauci’s goal in writing this memoir is to guide how historians write about him toward the positive, I do not think he succeeded. He will be remembered as a consequential figure for his contributions to the American approach to the HIV and Covid pandemics. But he will also be remembered as a cautionary tale of what can happen when too much power is invested in a single person for far too long.

Republished from The Illusion of Consensus

About the Author

Dr. Jay Bhattacharya is a physician, epidemiologist and health economist. He is Professor at Stanford Medical School, a Research Associate at the National Bureau of Economics Research, a Senior Fellow at the Stanford Institute for Economic Policy Research, a Faculty Member at the Stanford Freeman Spogli Institute, and a Fellow at the Academy of Science and Freedom. His research focuses on the economics of health care around the world with a particular emphasis on the health and well-being of vulnerable populations. Co-Author of the Great Barrington Declaration.

Stop the presses!

It’s hard to believe considering the list of his policy failures, spectacular misinformation, and revisionist history is almost quite literally endless.

Yet in a recent media interview, Fauci stated that a nationwide policy that he supported actually didn’t work. Kinda.

If only he’d been willing to admit this years ago. […]

— Read More: brownstone.org

How did my nation, a purported beacon of freedom and democracy, descend to such a position? While there have been multiple participants in this journey into behavioural science-fueled authoritarianism, a historical review of the key players indicates that American scholars have contributed in crucial ways to this trajectory.

The research to which I refer sought to reveal the actors responsible for strategically frightening and shaming the British people during the Covid event. Focusing on the controversial ‘Look them in the eyes’ messaging campaign – involving a series of close-up images of patients on the cusp of death and a voice-over saying, ‘Look them in the eyes and tell them you are doing all you can to stop the spread of coronavirus’ – my critical analysis uncovered a series of disturbing findings in regard to the UK government’s deployment of often-covert behavioural science strategies during times of ‘crisis.’ These revelations included: […]

— Read More: brownstone.org

In 2012, after oral arguments in Sebelius v. NFIB, the Supreme Court met in a secret conference to determine the constitutionality of Obamacare and its “individual mandate.” Following three days of oral arguments, hundreds of pages in briefing, and hours in chambers with clerks and fellow Justices, Roberts provided the critical fifth vote to create a majority holding that the Affordable Care Act was unconstitutional.

But the arguments did not cease when the Court adjourned, and the Chief soon dithered under public scrutiny.

Three days after oral arguments, President Obama spoke from the Rose Garden to pressure the Court to uphold his signature legislation. Senator Patrick Leahy, then Chair of the Judiciary Committee, addressed Roberts on the Senate floor weeks later. “I trust [Roberts] will be a Chief Justice for all of us and that he has a strong sense of the proper role of the Judicial Branch.” Newspapers and cable news anchors warned Roberts that if he voted with the majority “his ambition of transcending politics on the Supreme Court will have to be judged a failure.”

The Wall Street Journal took note of this in its column “Targeting John Roberts: the left tries to intimidate the High Court on Obamacare” arguing “We doubt the High Court will be intimidated by any of this, and…no Justice would be worthy to sit on the Court if he is…The Court’s reputation will be tarnished if it bows to the political distemper of the moment, not if it follows the Constitution.” But the editorial staff was wrong.

Chief Justice Roberts flipped his vote in response to the public pressure. CBS reported that “Roberts switched views to uphold health care laws,” writing “Roberts pays attention to media coverage. As Chief Justice, he is keenly aware of his leadership role on the court, and he also is sensitive to how the court is perceived by the public.”

Supporters and critics agreed that Roberts’ decision was a political calculation rather than a legal determination. In the New York Times, Ross Douthat authored “John Roberts’s Political Decision,” writing that Obamacare was “saved by political considerations.” At National Review, Jonah Goldberg noted, “No one is confident, never mind certain, that Roberts actually believes his own position.”

Now, the Court faces another Democratic president’s unprecedented expansion of federal power in Murthy v. Missouri (formerly known as Missouri v. Biden). Like the Obamacare case, decided in 2012, the decision comes in an election year and features the heavy-handed influence of the medical industry’s lobbying and public pressure campaigns.

On Monday, the Court will hear oral arguments in the case, and the Justices will confront the most pervasive forces in American society: the private-public censorship industry, the influence of the Intelligence Community, and the Biden Administration’s repeated attacks on free expression.

The argument comes just two weeks after President Biden’s targeting of the Court in his State of the Union address and amidst the regime’s demonstrated antipathy for the separation of powers.

May 2020: The Chief Invents a Pandemic Exception to the Constitution

Just two months into the Covid response, the Supreme Court had the opportunity to rebut the government’s tarnishment of the Bill of Rights. The Justices could affirm that our Constitution has no pandemic exception, and cloaks of benevolent phrasing cannot warrant the usurpation of our liberties.

Instead, Chief Justice Roberts suspended the Constitution in deference to “experts,” thus ushering in three years of emergency orders from charlatans and petty tyrants. It proved a turning point in the Covid response, acting as a green light for prolonged church closings, First Amendment violations, and turnkey totalitarianism.

In May 2020, a California church petitioned the Supreme Court to overturn Governor Gavin Newsom’s restrictions on church attendance. The “fog of war” is no excuse for “violating fundamental constitutional rights,” they argued.

Newsom’s order limited attendance at religious ceremonies to 25% capacity with a maximum of 100 attendees, no matter the size of the venue. The State offered no “justification for this arbitrary cap,” the church explained. Retail stores were permitted to hold 50% capacity at the time, and offices, food packaging, museums, and and “every other sector [had] no percentage cap.”

Four members of the Court were able to see through the state’s flimsy pretext of “public health.” Justice Kavanaugh asked, “Assuming all of the same precautions are taken, why can someone safely walk down a grocery store aisle but not a pew? And why can someone safely interact with a brave deliverywoman but not with a stoic minister?” Justices Gorsuch, Alito, and Thomas joined Kavanaugh in voting to grant the church’s motion.

The liberal wing of the court – Justices Kagan, Ginsburg, Sotomayor, and Breyer – voted to deny the motion without offering any opinion to support their vote.

The critical fifth vote thus came to the Chief Justice. Roberts sided with Governor Newsom, arguing that the Court should defer to “experts” because the “unelected judiciary lacks the background, competence, and expertise to assess public health and is not accountable to the people.”

Of course, every tyrant has claimed “competence” to control the lives of his subjects. Our Constitution, however, is designed to restrain all men, regardless of self-proclaimed insight, genius, or title, from abridging the rights of citizens.

The Chief’s fifth vote ignored constitutional text in favor of an imaginary pandemic exception to the Bill of Rights. As the head of the judicial branch, his deciding vote suspended judicial review as lockdowns obliterated Americans’ liberty.

The Chief Justice continued his deference to “experts” for over a year despite their demonstrable failures. Two months after the California decision, he again provided the fifth vote to uphold Nevada’s limit of religious gatherings to 50 people, despite the order permitting casinos to hold up to 500 gamblers at a time. Justice Gorsuch explained in dissent: “the First Amendment prohibits such obvious discrimination against the exercise of religion. The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.”

The death of Justice Ginsburg and the confirmation of Justice Barrett to the Court flipped the 5-4 split, but Chief Justice Roberts continued his pandemic-exception jurisprudence into 2021. In February 2021, he upheld California’s banning on singing in church, explaining that “federal courts owe significant deference to politically accountable officials with the background, competence, and expertise to assess public health.”

In April 2021, he voted to deny Californians’ petition to challenge Governor Newsom’s edict limiting in-home religious gatherings to three households. Justice Barrett, however, overrode his dissent, and the Court restored the petitioners’ First Amendment freedoms.

Unclouding the Fog of War

The Chief Justice has a penchant to capitulate to political pressure. Murthy v. Missouri features perhaps the most powerful and united hegemon that the Court has ever encountered.

Let us hope that the Chief no longer allows the fog of war or fear of political blowback to excuse the deliberate and repeated violations of fundamental constitutional rights.

Alexander Hamilton noted in Federalist, No. 78, “whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.”

It is not just the Court’s power to remedy usurpations of our liberty, but it is its duty. The Chief has been derelict in the past, deferring to the capricious whims of political opportunists, but Murthy v. Missouri offers the Chief an opportunity to reaffirm his Court’s commitment to the Constitution.

Published under a Creative Commons Attribution 4.0 International License

For reprints, please set the canonical link back to the original Brownstone Institute Article and Author.

My good friend professor Yuri Maltsev died this week and I’ve spent these mourning days recalling our conversations. He was a leading economist in the old Soviet Union, as the top advisor to Mikhail Gorbachev’s chief economist. He defected in 1989 before the Soviet Union fell apart. We became fast friends just after he landed in DC, and we spent a year or more together collaborating on many projects.

He was a font of amazing stories about how things really worked in the Soviet Union. Contrary to what US economists were claiming until the very end, it was not a […]

Around the Web – Original Source: brownstone.org

I was just a kid, but I’m old enough to remember Watergate. As I grew older, I learned more specific details about this historic event. Here’s my Watergate takeaway, which I think is the accepted “narrative” on this historic event:

Watergate was the biggest political scandal of the century. The fallout or denouement caused President Nixon to resign from office and sent several “conspirators” to prison.

It also made Woodward and Bernstein the most famous journalists of all time. Few people had heard of these journalists when they began compiling relevant facts about the original Watergate crime and obligatory cover-up, […]

Around the Web – Original Source: brownstone.org

One of the most consistent efforts made by “experts” during the early stages of the pandemic was to attempt to impress on the public that COVID was an extremely deadly disease.

While it’s clear that for the extremely elderly and severely immunocompromised, COVID does present significant and serious health concerns, the “experts” did their best to convince people of all age groups that they were in danger.

Initially the World Health Organization, in their infinite incompetence, made a substantial contribution to this perception by claiming that the mortality rate from COVID was shockingly high.In March 2020, with precious little data, the […]

Around the Web – Original Source: brownstone.org

Back when the vaccines were being rolled out, the eminent UK cardiologist, Dr. Aseem Malhotra encouraged people to accept them. He was trying to overcome “vaccine hesitancy”—see for example here in November 2020 and here in February 2021.

Personal loss led to a change. Sadly, his father suffered cardiac arrest and died in July 2021. As told here , here , and here , though a cardiologist with an enormous Twitter following , Dr. Malhorta could not explain the post-mortem findings and started down medical-research rabbit holes he’d not gone down before.

Now, Malhotra says the Covid vaxes (or, at least, […]

Around the Web – Original Source: brownstone.org

When I was 10, I had a 12-year-old sister, Denise, and two brothers. Lenny was 14 and Danny was 5. We boys slept in the same room in a small, single-story house in a modest, riverside neighborhood known as Pleasureland.

The neighborhood’s name derived from a nearby park with two swimming pools and many picnic tables. On weekends, people from all over North Jersey and even New York City went there and to the adjacent, similar Muller’s Park, where I got my first job, at 15, as a garbageman. Both parks closed in 1985 after two were killed and nine […]

Around the Web – Original Source: brownstone.org