Courts block two Biden administration Covid vaccine mandates
182 points by huntermeyer 3 years ago | 350 comments- bko 3 years ago> Doughty said the CMS lacked the authority to issue a vaccine mandate that would require more than 2 million unvaccinated healthcare workers to get a coronavirus shot.
> "There is no question that mandating a vaccine to 10.3 million healthcare workers is something that should be done by Congress, not a government agency," wrote Doughty.
That's a good point. You can agree that its within the federal authority to mandate vaccines, but it really should be a decision made and explicitly endorsed by elected representatives rather than some agency (Centers for Medicare & Medicaid Services) that I have never heard of until now and whose head is appointed by one person.
[EDIT]
Too often we look at the end results (e.g. will this increase vaccination rates) rather than the means of getting there. You see it on the left and right. If their guy is in power, they want to expand the scope and reach of their office. Everything is a crisis and someone can solve it if they're just given the right permissions.
And this eventually leads to dishonesty and loss of trust. Even news is reported through a utilitarian lens. Many journalists today think they're doing advocacy rather than reporting. They're not assigned topics but talking points. Someone could be the 'tech bad' guy and his stories are nominally about tech but about how big tech is subverting democracy, bad for the environment, you name it.
Could you imagine a news report about how the much touted vaccine efficacy of 95% didn't really pan out? It's true. Everyone was around 6 months ago and remembered the efficacy levels being thrown around. Now people are being gaslit to thinking they didn't hear what they heard and its about hospitalization. All because being honest could hurt the cause. And yes, vaccine efficacy was 95% and yes it does mean what you think it means [0]
/rant
https://www.thelancet.com/journals/laninf/article/PIIS1473-3...
- mattzito 3 years agoExcept that the role of the CMS, as established by congress, is to set the guidelines of care and standards of participation for providers who opt to accept Medicare and Medicaid patients.
They set rules for everything from how many hospitals can be owned by a single entity, to what sorts of qualifications are required for hospital administrators, to what types of medical orders are allowed to be given to patients. Their explicit charter is to ensure Medicare and medicaid patients are cared for and their health is looked after. From that lens, requiring a vaccination that reduces the likelihood that one of those patients is infected with a potentially deadly disease (particularly deadly for those on Medicare, given the demo), is eminently reasonable.
And the administrator is confirmed by congress. If this regulation was about almost anything else, this would be a nothingburger
- bko 3 years ago> to what types of medical orders are allowed to be given to patients
Suppose an anti-abortion president gets elected and he elects someone as head and tells them that health care providers that accept medicare or medicaid cannot provide abortions. Not making it illegal per-se, but just for the providers that accept medicare or medicaid for any of their services.
You okay with this as well?
- DSMan195276 3 years agoThe problem I see with this kind of argument is that whether a health care provider provides abortion services has very little (nothing) to do with the care given to a medicaid or medicare patients. Where-as them being vaccinated for COVID does have a very clear impact on medicaid/medicare patients, especially since medicare patients are more likely to be in a high risk group (IE: old).
It seems to me like you just don't think medicare or medicaid should be a thing to begin with. I think it's basic sense that if we're paying for medicare and medicaid we should require the healthcare providers receiving our tax dollars to meet some standard level of care, or else we're just wasting our money. We can argue over what that level of care should be, but I don't think it's all that debatable that requiring things like vaccines could fall into that level of care if not having them is particularly risky for patients.
- SkyPuncher 3 years agoThe person you're replying to has a slightly incorrect statement. At least to my knowledge.
CMS only controls this for patients covered by Medicaid/Medicare. It can set the tone for the entire industry, but does not solely control the industry. Typically, they create influence by setting/rejecting Medicaid/Medicare reimbursement standards. Since enough patients are covered by CMS, it tends to be easier for hospitals to broadly adopt the policies.
- JumpCrisscross 3 years ago> Suppose an anti-abortion president gets elected and he elects someone as head and tells them that health care providers that accept medicare or medicaid cannot provide abortions
Not comparable. Based on current law, abortion is a Constitutionally-protected right. Based on precedent from the Spanish-flu era, the government has broad public health powers.
All that said, as someone who isn’t a fan of how much power Congress has ceded to the executive through administrative powers (which delegate legislative powers to the executive through rulemaking), I wouldn’t mind seeing those curtailed.
- kelnos 3 years agoI'm not ok with it, but would be forced to accept that it is within the authority granted to the agency to make that call.
Assuming it is: I think policy measures like that should be subject to medical needs. I think there's a clear medical need to require COVID vaccinations for healthcare workers, but banning abortions doesn't pass that test.
And hell, didn't the Trump administration actually do this, though maybe through different means? Withholding federal funding from providers who offer abortions?
- mattzito 3 years agoNo, of course not, but that's not what I was referring to - I was referring to, are doctors allowed to leave standing orders for patients? Can they give them over the phone? What kind of procedures can nurses and NPs order? Those sorts of things.
Your example is a covered procedure, some of which is defined by the CMS, but much of it is defined by federal statute that dictates what classes of procedure are covered by medicaid/medicare. To go to your example specifically, federal statute ALREADY limits medicaid abortion coverage to abortions arising from rape, incest, or that put the health of the mother at risk. 16 states go beyond that and cover abortion in more cases, but they pay for that with their own money (which is also allowed statutorily). So in your case, what the new CMS head was declaring is unlawful on its face, as this is something that congress has specifically addressed.
- adrr 3 years agoBanning health care providers from abortion would be unconstitutional. It would be the same as a president banning health care providers from serving muslims. Women have a constitutional right to get an abortion. People don't have a constitutional right to not vaccinate. Government can and has jailed and/or fined people for not getting a vaccine. These SCOTUS approved mandates helped rid America of smallpox.
- 3 years ago
- loudtieblahblah 3 years agoi'm pretty sure the average person on Hacker News would be ok with the Social Security administration banning gas powered leaf blowers.
This place has become as intellectually low-brow as Twitter and Reddit.
- 3 years ago
- DSMan195276 3 years ago
- teeray 3 years agoSure, that’s the loophole. What’s happening here is yet another end-run around the democratic process. People are tired of emergency powers, executive orders, and delegated authority being used to enact some of the most impactful laws of our time. We want the Schoolhouse Rock version of law-making because we at least get something of a say in it.
- clukic 3 years agoShould Congress also pass laws regarding which vaccines are mandated for military personal serving in which areas of the world? For example, if the risk of yellow fever increases in Yemen, should Congress pass a law requiring special forces deployed in that area must acquire the vaccine? Or should that decision be left to the appointed heads of those branches of the military?
- redblacktree 3 years agoCongress has delegated the authority to make these decisions to regulatory agencies. If congress wants that authority back, they can get it back via legislation. The responsibility for the current situation starts and stops with congress. The executive branch is doing what congress has asked it to do, and the executive branch would stop doing those things the moment that congress legislated the authority back to themselves.
- jeremyjh 3 years agoI don’t think you understand the role of regulatory agencies in our government.
- clukic 3 years ago
- roamerz 3 years agoExcept this isn’t about almost anything else. This is about control over one’s body.
This is from someone who chose freely to get the vaccine. Even at my own peril I support other’s freedom to choose.
- belltaco 3 years agoThese are healthcare workers. Jobs have requirements. They're free to quit instead of increasing the dangers of disease for their sick and older patients who are at highest risk for covid. No one is controlling their body any more than making it show up at work in order to get paid. Coal miners are forced to work in dangerous conditions around the world in order to keep their job. Getting a vaccine is far less risk, there have been 8 billion plus vaccine doses given against covid around the world.
- clukic 3 years agoDoes that mean you support a rollback of all vaccine requirements? For example the MMR, TDap, HepB, polio, chicken pox vaccines required for school children? Or the numerous vaccines required for military personal?
And would you be comfortable having a pediatrician who wasn't inoculated for diphtheria knowing that an infection could be fatal for your baby?
- kiba 3 years agoYour freedom to control over one's body ends when it comes to the safety and health of other people's bodies. That's why herd immunity is a thing.
- belltaco 3 years ago
- BurningFrog 3 years agoIf that's true, how come several federal judges have come to the opposite conclusion in their rulings?
- kelnos 3 years agoI can only assume they're allowing their personal politics to get in the way of making a sound legal decision.
- kelnos 3 years ago
- golemotron 3 years agoThat's the key problem with the US now. Elected representatives are allowed to delegate law making. It breaks the line of accountability. It makes contentious issues worse.
- runako 3 years ago> the key problem with the US now. Elected representatives are allowed to delegate law making.
Congress does not delegate lawmaking, Congress delegates the execution of its powers to the Executive branch. This is how the country has functioned since the beginning, for it would be impractical for it to work otherwise.
Say more: delegation will happen at some level, by definition. In military matters, every step or shot a soldier takes is a decision that has been delegated through a chain of command from Congress. Since Congress is not ever going to be in a position to execute every decision for every individual over which Congress has power, Congress inevitably will delegate the execution of its powers. It has always been this way, and will be this way as long as we have a republic.
- handrous 3 years agoI'd say the key problem is that our electoral system and the structure of our government are broken in a few very serious ways, most of which are nearly impossible to fix, in no small part because fixing most of them would require at least one of our two major political parties to be OK with voting themselves into a weaker position (since some of the most important problems cause there to be only two viable parties at a time and fixing them would weaken the position of both those parties), or else they'd require a constitutional amendment, which is even less likely.
Most of our other problems are a consequence of that.
- runako 3 years ago
- bko 3 years ago
- invokestatic 3 years agoI think it’s actually reasonable for an agency (CMS) to decide eligibility criteria for receiving federal Medicare and Medicaid dollars. This was authority granted to the agency by Congress. Requiring employees to be vaccinated as a condition to accepting Medicare seems pretty reasonable to me. Just as I would hope hospitals need to meet basic care standards to be eligible as well.
Congress often delegates their power to other agencies. It’s an important regulatory function that allows agencies to adapt to a changing world even in a gridlocked legislature.
- bko 3 years ago> Requiring employees to be vaccinated as a condition to accepting Medicare seems pretty reasonable to me.
That's just a backdoor for giving more power to the federal branch. Its like 'interstate commerce' where anything that has interstate implications (pretty much everything) can be influenced by the federal government. What if an anti-abortion president elected someone to this board and told them that no health care provider that accepts medicare or medicaid can offer abortions?
I don't see mandating people to get a vaccine that they don't want as non-political bureaucratic action, especially considering its coming from the president's office. It's mandating a medical treatment. Take a step back and ask under what authority and supervision should we require a government to be mandating a medical treatment.
- invokestatic 3 years agoIt's interesting you bring up both commerce clause and abortion as I'm currently taking a constitutional law class covering both issues. The commerce clause did wildly expand through the 20th century, but I just want to point out that US v Lopez substantially cut back Congress' Commerce power. It laid out clear restrictions to what and when Congress has the power to regulate interstate commerce. Further cases like NFIB v Sebelius (Obamacare) also cut down on commerce power.
The difference I see with abortion is that the SCOTUS held in Roe v Wade that women have an affirmative right to an abortion under substantive due process of the 14th amendment. If the government coerced healthcare providers to stop providing abortions, this would be a direct infringement on a right protected by the constitution. Conversely, there is no constitutional right to /not/ get a vaccine. Of course, the demographics of the court has changed, so it's very possible the SC will rule that not getting vaccinated is also a constitutional right conferred by substantive due process.
- curt15 3 years agoThe vaccine is mandated as a condition for employment. Is it different from universities requiring vaccines for their students (Indiana University already won a legal challenge -- https://www.scotusblog.com/2021/08/barrett-leaves-indiana-un...) or military personnel having to get a battery of shots when they enlist? All those requirements should survive or fall together.
- adrr 3 years agoCommerce clause is a valid reason for federal government to make rules. Imagine each state having their own EPA with their own rules and regulations. Or each state had their own FAA. Or OSHA. It would kill interstate commerce because it would be too costly for businesses to operate at the national level.
- invokestatic 3 years ago
- bko 3 years ago
- Anechoic 3 years agoand whose head is appointed by one person
Note that while the position is appointed by POTUS, it is a Senate confirmed position - she was approved with a vote of 55-44 [0] (with five R votes).
[0] https://www.senate.gov/legislative/LIS/roll_call_lists/roll_...
- runako 3 years agoNot to mention, this is exactly how representative government works. It's not controversial that we do not have a direct vote on Secretary of Defense, a position that arguably has more human impact as the head of CMS.
- sieabahlpark 3 years agoWhy are you moving the goal posts? No one said the population should directly vote on it. They said the representatives (who the people voted for) should be deciding through the legislature, not through a single appointed person.
- sieabahlpark 3 years ago
- bko 3 years agoThat's true. My impression is that this is more or less a rubber stamp and the head is acting on behalf of the president. I can't imagine someone getting elected to this position that wouldn't take marching orders from her appointee. It's a lot of power to give one person.
- kelnos 3 years agoIn that case I don't understand your objection; the president is an elected official, so if this department head is acting on behalf of the president, the argument that this was done by an unelected official is kinda irrelevant.
- kelnos 3 years ago
- runako 3 years ago
- petesergeant 3 years ago> You can agree that its within the federal authority to mandate vaccines, but it really should be a decision made and explicitly endorsed by elected representatives rather than some agency
I'm from a country (UK) where parliament has absolute power, but also where the populace largely trusts the civil service. Health decisions, prosecution decisions, and so on are explicitly devolved from the government so that they don't become politicized. To me, that seems better, rather than asking politicians to intercede in what should essentially be decisions for experts to make.
- temporaryi3 3 years agoI'M in the UK and I absolutely do not trust the civil service at all.
- KineticLensman 3 years ago> Health decisions, prosecution decisions, and so on are explicitly devolved from the government
Yes, although UK Govt ministers tend to retain accountability when things go wrong, at least in the eyes of the media.
- odessacubbage 3 years agothis is why it becomes a severe legitimacy problem when experts can no longer be rationally seen as apolitical actors.
- Notanothertoo 3 years agoIn London they are taking butter knifes from people and bragging about it on social media.
- wrycoder 3 years agoExcept in the US, the civil service is politicized and its employees are 95% in favor of one party, as shown by their political donations history.
- dragonwriter 3 years ago> Except in the US, the civil service is politicized and its employees are 95% in favor of one party, as shown by their political donations history.
That's not at all generally true historically, even if you drop the made up specific number and say something like “vast majority", of US civil servants; it is true of some states, localities, or agencies, and reversed for others.
2020 looks like that, but the 2020-2021 election and transition cycle were rather outside of historical norms. [0]
There is some historical imbalance, but then, that people who adhere to the party that consistently demonizes government, government work aside from military and law enforcement, and government workers, aside from military and law enforcement don't tend to choose to work for government as much as people who don't adhere to that party is...somewhat unsurprising.
[0] https://www.opensecrets.org/industries/indus.php?ind=W03
- dragonwriter 3 years ago
- temporaryi3 3 years ago
- kitd 3 years agoYou can agree that its within the federal authority to mandate vaccines, but it really should be a decision made and explicitly endorsed by elected representatives rather than some agency (Centers for Medicare & Medicaid Services) that I have never heard of until now and whose head is appointed by one person.
If the CMS does it, it is a public health decision. Doing it in Congress makes it a political decision.
IMO, the better route is that the CMS issues the mandate, but that Congress ratifies it. Ie, they have to provide a clear reason why the public health decision should be overruled.
- bko 3 years agoI disagree. It is a political decision to force 2 million Americans to get a vaccine that they don't want under threat of not being allowed to work in their profession. If you disagree with the decision at least you can vote the bastards out.
You're acting like its a trivial procedural matter. These people obviously feel very strongly about it since they're under immense pressure everywhere to get it and they still refuse. Or they may have other reservations, but to dismiss that and just have some nameless faceless un-elected organization intrude in their lives in such a meaningful way is really gross
- avs733 3 years agocongress could have acted here, they could still act. they didn't. Not doing something is a choice when it occurs in reaction to someone else doing something.
Whether it is a 'trivial' procedural matter simply isn't affected by people's strongly held beliefs
Strongly held beliefs don't exempt you from seat belt laws, from tax rules, or from any other law unless congress doing the thing congress is designed to do allows for it. It shouldn't.
CMS isn't unelected...it is an arm of the executive branch headed by the, elected, president and run by someone confirmed by the elected senate. It is given the authority to make rules in specific areas by the elected congress.
Your entire thread or argument is predicated on a false assumption...
- throwaway4220 3 years agoIf fewer people dying/getting sick is a political goal, then more people dying/getting sick so that the current administration gets voted out can also be a political goal.
I'm not a fan of the situation, but you're acting like it's forced sterilization. It's just a vaccine with a very safe profile. For God's sake, all healthcare workers including the cleaning staff have to get flu shots and show their immunizations every year, or they can't work. Even as a college student I had to get a meningitis shot.
- wayoutthere 3 years agoThis is absolute horseshit. Government regulation of public health during a pandemic is absolutely its role.
We have required a great number of vaccines for the last 100 years. The coronavirus vaccines are some of the most-tested out there. Anti-vaxxing was a fringe position that nobody took seriously before Covid.
The only reason this virus is remotely political is because we had a demagogue in the president’s office who likes to force people into contrarian positions because it strokes his ego. So if people want to stay home from work because their politics don’t allow them to do the job, that’s not my problem.
- avs733 3 years ago
- bko 3 years ago
- mherdeg 3 years ago> Could you imagine a news report about how the much touted vaccine efficacy of 95% didn't really pan out? It's true.
Do you mean like "Efficacy of Pfizer/BioNTech Covid vaccine slips to 84% after six months, data show" (https://www.statnews.com/2021/07/28/efficacy-of-pfizer-biont...) or "Covid-19 Vaccine Efficacy: What Do the Numbers Really Mean?" (https://www.wsj.com/articles/covid-19-vaccine-efficacy-what-...)? Or did you have something else in mind?
I thought this was pretty well-discussed as VRBPAC/ACIP began to review the data guiding their third dose/booster recommendations but maybe I've misunderstood.
- dahfizz 3 years ago> Too often we look at the end results (e.g. will this increase vaccination rates) rather than the means of getting there.
Strongly agree. Tangentially, I felt this way about net neutrality. It should have been law passed by Congress. Instead, everyone cheered when an unelected executive board passed a net neutrality bill that the public wasn't allowed to read.
And then, everyone had the audacity to be surprised when the FTC undid net neutrality as fast as it did it. There is a reason we have a legislature and not just an executive branch that can do anything it wants.
- verall 3 years agoBecause the chance of a net neutrality bill making it through the Senate is roughly equivalent to guessing Satoshi's wallet. We can barely pass debt ceiling increases to avoid national default.
The net neutrality PR did work though, the FCC was under a lot of pressure . ATT didn't pay all of those marketing firms to fraudulently post thousands of anti-net-neutrality comments for nothing.
- AnimalMuppet 3 years agoOK, but then the answer is to fix Congress, not to bypass it.
- AnimalMuppet 3 years ago
- verall 3 years ago
- aklemm 3 years ago"some agency"? It's an agency put in place and managed (budget, appointments, etc.) BY ELECTED REPRESENTATIVES. Did you want a direct vote on vaccine mandates? Sometimes it seems people fail to understand what a representative government is.
- mistermann 3 years ago"Representative".
- mistermann 3 years ago
- wycy 3 years ago> Could you imagine a news report about how the much touted vaccine efficacy of 95% didn't really pan out? It's true. Everyone was around 6 months ago and remembered the efficacy levels being thrown around. Now people are being gaslit to thinking they didn't hear what they heard and its about hospitalization. All because being honest could hurt the cause. And yes, vaccine efficacy was 95% and yes it does mean what you think it means [0]
This is not true at all. Media has been talking openly about "waning immunity" and "declining effectiveness" all along.
- AuthorizedCust 3 years ago> Could you imagine a news report about how the much touted vaccine efficacy of 95% didn't really pan out?
It didn’t pan out because of Delta, a way more infectious variant that became common well after the 95% figure was determined.
And it’s fully accurate to say that despite Delta, the vaccines are effective at preventing severe disease, hospitalization, and death. I think that’s a very good thing!
- orang2tang 3 years agoAnyone who took a biology class and paid attention could have told you that an efficacy-killing variant was an inevitability. Hell, even tinfoil hat Alex Jones said the same thing, and was for that specific instance, vindicated entirely. The top virologists didn't just "not take this into account", they willfully withheld this truth of how viruses operate in order to push a flakey, quickly-deteriorating product into people's arms.
So that "95%" figure was a lie to begin with, because those who touted it knew exactly what was going to happen. Viruses evade, and any non-sterilizing vaccine will be evaded by a virus. This is how you get delta, this is how you get omicron (which, by the way, was first found in fully vaccinated individuals and likely created through this evolutionary pressure).
Thanks
- allturtles 3 years ago> Anyone who took a biology class and paid attention could have told you that an efficacy-killing variant was an inevitability
On what basis? It's proved impossible so far to make a strongly efficacious flu vaccine because of constantly shifting variants. But on the other hand, there are many examples of successful vaccines that have never had an efficacy-killing variant emerge (polio, smallpox, chicken pox). How would anyone who has taken a biology class know a priori whether COVID-19 would be a flu or a polio?
- peter422 3 years agoIf virologists weren't talking about it, how did you learn about it? Do you know enough about virology (or immunology as this would be) that I should listen to you over them?
If the vaccines don't work, why do people in the real world die much, much less often from covid once they are vaccinated?
If you are so sure an immune-evading variant will emerge, why hasn’t one? (There is no evidence at all that omicron evades the vaccines).
- 3 years ago
- rdedev 3 years agoDelta was first detected on india where at that time there was barely any vaccination coverage. And nobody knows from where omicron originated. You claim it could be leaky vaccines but it could have easily been from an immune compromised individual. Do you have any sources for the claim it was first found in a vaccinated individual ? I couldn't find any online
- wavefunction 3 years agoThe 95% efficacy claim was the result of a scientific study of the efficacy of the vaccine against COVID infection. It was definitely not a lie unless you are an insane person with an outrageous definition of what a "lie" is.
- allturtles 3 years ago
- mikem170 3 years agoOr did they just not run the trials long enough to detect the efficacy dropping?
- orang2tang 3 years ago
- runako 3 years ago> that I have never heard of until now
CMS is one of the largest government agencies (by budget, >$1T annually).
- kspacewalk2 3 years agoTechnically, perhaps. But really it's a small government agency whose major task is to disburse oodles of cash to people not employed by it.
- runako 3 years agoEither way, ignorance of the existence of CMS is more indicative of a person's general level of ignorance about the US government. If I was just learning about the existence of CMS, I would at least learn a little more about the basics of the existing US government before making proclamations about how it should operate.
- sieabahlpark 3 years agoYou truly have no idea, do you.
- runako 3 years ago
- kspacewalk2 3 years ago
- hammock 3 years ago>Too often we look at the end results (e.g. will this increase vaccination rates)
Even that might not be quite the best end result to be looking for (unless you own the jab patents).
Shouldn't we be looking at clinical outcomes of covid patients, or counts of severe covid cases instead?
If we optimized for marriage rate in the world we might end up with a whole lot of unhappy couples and/or broken homes.
- ryandrake 3 years ago> That's a good point. You can agree that its within the federal authority to mandate vaccines, but it really should be a decision made and explicitly endorsed by elected representatives rather than some agency (Centers for Medicare & Medicaid Services) that I have never heard of until now and whose head is appointed by one person.
Jacobson v. Massachusetts[1] established that it is within the State's power to mandate vaccinations, so shouldn't this be up to individual states? I'm also pro- nationwide mandatory vaccinations, but Congress also doesn't seem to be the right way to do it.
- foogazi 3 years ago> that I have never heard of until now and whose head is appointed by one person.
Odd, the fact that you have never heard about the CMS has no bearing on whether it has the authority to issue a vaccine mandate
- quickthrowman 3 years ago> That's a good point. You can agree that its within the federal authority to mandate vaccines, but it really should be a decision made and explicitly endorsed by elected representatives rather than some agency (Centers for Medicare & Medicaid Services) that I have never heard of until now and whose head is appointed by one person.
Are you aware that Federal regulatory agencies are a result of Congress delegating their power, mostly to the executive branch? Congress has already delegated their authority…
- Dumblydorr 3 years agoSidenote, if you haven't heard of CMS, that speaks more to your lack of experience in this area than the org's obscurity. I'm not saying everyone should know it, but your paranthetical downplaying of the org shows you're not deep in healthcare knowledge. Should it mean anything to us as readers that you personally never heard of a key agency?
- smohare 3 years agoIn what universe should such important public health decisions be made by elected officials largely ignorant of basic science, whom also represent also represent some of the most uneducated and misinformed people alive?
There’s a reason, for example, why we don’t let the market or public opinion dictate the efficiency or safety of drugs.
- encryptluks2 3 years agoAnd when some department of unelected officials test radioactive oatmeal on children or infects people with syphilis, we somehow ignore these issues and pretend like that it would never happen to us.
- encryptluks2 3 years ago
- jsight 3 years agoI agree with your facts, but I think its a little disingenuous to only highlight that one aspect of the context. It wasn't that many months before that when a lot of people were willing to accept 50+% VE and delighted if it could approach 70%.
I remember that too, and I think its needed context.
- 0fuchs 3 years agoTo often we see procedure propriety as government interference in free society
Which is it?
Maybe social utilitarianism is all there is?
Maybe the rest is just being left alone. Formal demands by churches their flock act as social missionaries and stewards to save others souls being LARPed in a secular world.
Why do I have to care about inside these machines and not just the machines (organic or synthetic)?
There are separate needs due to physics that we cannot let our imaginations of unfettered freedom disabuse us of.
That will lead to mistrust; if moral relativism is fine for anti-vaxxers, why not open hostility? My biology cannot control itself in all situations.
We don’t let a chainsaw wielding psycho live in his own world. That’s based on real world observation of the outcomes.
How is viral transmission that can be measured physically, even though it requires some specific tools, be considered any less violent towards others than a chainsaw wielding knob? Our evidence comes from the same observable space as our evidence a chainsaw wielding knob is unsafe.
Philosophical wankery does not change the physical truth.
- jancsika 3 years ago> Everything is a crisis and someone can solve it if they're just given the right permissions.
That's a facile statement. I'd have to bait an HN into playing devil's advocate just to get an opposing view.
What are the "Zig and Rust" of protecting democracy in a time of crisis? Or maybe more realistically-- if we want a "Zig and Rust" for making democracy "memory safe," what are the sources to start with? (Note: I'll filter any citations that rely on invisible hands or, "let's start by decentralizing all the thingies")
- mattzito 3 years ago
- RobertRoberts 3 years ago> All medical procedures should be voluntary, or we go back to the times of lobotomy and forced sterilizations of minorities (and that's not as many decades back as you may think).
Just wanted to add this comment from the middle of this discussion.
There is so much irrationality these days that we need to have a solid foundation for our decision making and not based on the whims of the panicked masses.
- shadowgovt 3 years agoWhat I find most interesting is the private-sector scenarios and how they're playing out.
I have relatives who work in healthcare and refuse to get the vaccine. They're at risk of losing their jobs because regardless of external pressure, the hospital employing them is incentivized to let them go by the patients. They're a hospital focused on physical therapy, which is does as much elective business by volume as prescribed... And very few patients are willing to work with a physical therapist who isn't vaccinated, so they're simply losing business as word-of-mouth gets around that they don't require vaccines and patients sign up for their PT regiments with other hospitals in the region.
By the same token that the government (absent a law from Congress) perhaps can't force organizations to employ vaccinated staff, the government may have no say if an individual employee is fired because an organization requires vaccinated staff of their own accord.
This would be a good time for Congress to show some leadership and lay down some legal guidelines.
- q1w2 3 years agoI'm not sure I agree that it's a good time. The current vaccine probably has very limited efficacy against the new omicron variant.
Better to wait for the updated booster before forcing more people to take it.
- shadowgovt 3 years agoOh I didn't mean pass a law authorizing the executive to force vaccines.
I mean this would be a good time for Congress to show leadership in general. As in, make a decision. Really, any decision that shows some reasoning behind it. Entirely too many people in the service of legislature are more worried about their electability than doing a good job. There's a reason that branch has, on average, a mid-teens approval rating most of the time.
- shadowgovt 3 years ago
- q1w2 3 years ago
- pkilgore 3 years agoThis is a temporary injunction not a ruling on the merits. Just like Democratic judges doing this to Trump, it's far more likely to be influenced by politics of the particular Judge or Court of Appeals that any meaningful statement of the law (which it is not).
- invisible 3 years agoAlso basically every response to this thread regarding this is claiming the courts have decided this, which is just sensational conversation. There very well could be something more to this, but it's more likely that the judge is just airing on "let's dig into this deeper before allowing this change" which makes sense. Nothing has been concluded, the status quo remains.
- charonn0 3 years ago1. Judges are not supposed to be partisan 2. I'm not aware of any similar cases being brought under the Trump administration.
- pkilgore 3 years ago1. I'm a former Federal litigator. LMAO. And both Parties here. Welcome to America. That's why they filed this in LA + roll up to 11th Cir. Dems file in WA or HI which rolls to the 9th. State Courts are infinitely worse based on the different experience of close friends working in Chicago area v. Northern Indiana.
2. Every temporary injunction issued in the litigation surrounding the wall and Muslim ban was conducted with the Democratic version of this same strategy.
This is the game. Sound and fury, signifying nothing. We will learn the law in time.
- beerandt 3 years agoLA is 5th cir.
- beerandt 3 years ago
- pkilgore 3 years ago
- beerandt 3 years agoOne requirement for such an injunction is the high likelihood of winning on the merits.
- pkilgore 3 years agoCorrect. Three other factors need to be balanced as well, although LOS definitely the big one. That doesn't make the PI correct, it doesn't even mean that the court will reach the same decision on the merits in Summary Judgement or after a bench trial, and it definitely doesn't make the PI decision the law.
- pkilgore 3 years ago
- invisible 3 years ago
- docflabby 3 years agoIf we can't convince medical workers to recieve a vaccine from their peers we are doing something wrong.
- chronofar 3 years agoConvince or compel? Do you expect all healthcare workers to receive any widely prescribed treatment? Is there no room for dissent in your mind?
- docflabby 3 years agoIf you can't convince, compelling doesn't tend to work much better, unless you threaten something worse. Given that unvaxed people are worried the vaccine may kill them, threatening career change seems a bit pointless...it would be far better to listen to their concerns and talk to them, threats only confirm the conspiracies and force positions to become entrenched.
- olliej 3 years agoWe require healthcare workers wash their hands.
We require other vaccines.
There is plenty of room for dissent, but it stops being “dissent” when it is simply denying reality.
- chronofar 3 years ago> There is plenty of room for dissent, but it stops being “dissent” when it is simply denying reality.
Ah yes of course, when the common view gets the label of “reality” dissent is no longer “dissent.” /s
If only everyone could see the line in the same place, but well if that were the case I don’t suppose there’d be any dissent at all.
- chronofar 3 years ago
- docflabby 3 years ago
- thinkingemote 3 years agoThis was my initial gut thought, but an employment lawyer helped me seee that most healthcare workers are not university or college educated and they are basically lower middle class.
In other words most healthcare workers share the same demographics as those who currently have low uptake on the vaccine.
- handrous 3 years agoYep. For every doctor or nurse with 4+ years of postsecondary education, there are 5+ people with 2 or fewer years of postsecondary education, I'd bet.
The lower tiers of nurse only require 2 years, IIRC, and I think those are more like technical programs than typical liberal-arts-informed degrees. Then there's the clerks, the front-desk people (to include the ones at the "front desk" of each floor, department, or section of the hospital, plus the ones at the actual main entrance[s]) the cleaning and housekeeping staff (someone has to go around restocking supplies and such), the entire billing department, the people who come around to bug sick people about their insurance details, the security guards (hospitals have lots of them), and so on.
- encryptluks2 3 years agoThis assumes that only uneducated uninformed people are choosing to not get vaccinated. It couldn't possibly be that they understand natural immunity still provides immunity, or that the risk in their group and based on their health is very low, or that they've learned how bureaucracy can be used to influence the medical community... not like they had to learn about the atrocities committed by the medical community in the past, and how bureaucracy was used to promote things that are now seen as unethical and mistakes.
Or maybe they are aware of drugs that received authorization in the past and that the same companies that are making bank of the vaccines, don't have the best history with being honest and transparent.
- handrous 3 years ago
- q1w2 3 years agoIf the vaccine were still as effective as it was a year ago, I'd agree with you, but it's likely that the current vaccine will have a muted effect on omicron variant, so I'm not as comfortable mandating a vaccine for a now-dead variant.
- disambiguation 3 years agowhether you think its right or wrong, its apparently not without precedence
https://www.kff.org/other/state-indicator/flu-vaccine-requir...
- chronofar 3 years ago
- refurb 3 years agoI worked on changing CMS regulation once and 80% of the time was spent proving CMS had the authority to do so.
Not surprised by this ruling at all.
- treeman79 3 years agoWhat are the odds a healthcare worker hasn’t been repeatedly exposed to Covid by this point?
- sjwalter 3 years agoA bit under half of Americans have already caught covid.
Even without vaccines, that means nearly half of Americans already have natural immunity which is vastly superior to vaccine immunity.
https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/burd...
- beerandt 3 years ago>A bit under half of Americans have already caught covid
No- that many have had a positive test or other diagnosis confirming covid.
There were plenty of non-hospitalized, non-diagnosed cases before the tests existed. And plenty of people have had it and never saw a reason to get a test to confirm it.
I'd say we're far above that estimated number.
- sjwalter 3 years agoSo that's not quite true. The CDC provides the estimate you're talking about which is what my post originally cites (~146mm Americans infected). That's their estimate based on the much smaller number of positive tests and hospitalizations, using their models about how many cases are missed by surveillance.
- sjwalter 3 years ago
- beerandt 3 years ago
- konfusinomicon 3 years agomakes me wonder if repeated exposure that doesn't result in the virus replicating enough to take hold in the body gives you any kind of immunity, or if that is even a possibility. like how many viral bodies does it take, just 1?
- q1w2 3 years agoIt absolutely does. An very low dose initial infection can prime the immune system and give you an asymptomatic case.
...but even if you full blown covid, there is no exemption from the vaccine requirement - that's one of the main arguments of many health workers.
- q1w2 3 years ago
- sjwalter 3 years ago
- 3 years ago
- commandlinefan 3 years agoWow... I thought it was just tinfoil hat types that were avoiding this vaccine because they were afraid Bill Gates was using it to implant a tracking chip inside them. But if healthcare workers - who actually know what's in this thing - are so vaccine-hesitant that the government has to mandate it to them, I'm suddenly worried whether or not I should think twice about getting a booster (or worse, giving it to my children).
- a45a33s 3 years agoas an anecdotal data point, my wife has a phd in a relevant field. her dissertation involved the lipid nanoparticles used by the pfizer vaccine as a delivery mechanism.
in her words no one really knows how the lipid nanoparticles actually work, and it is much too soon to be forcing this onto the public, and thats just the delivery mechanism. so you have a novel mRNA vaccine, with a novel delivery mechanism, and very little long term safety data. she does not feel like these have been tested to the same standard as other vaccines, we are at the point where if this is mandated for our children we will probably move somewhere they are not.
- shantnutiwari 3 years agoAs a Britisher, is there an ELI5 explanation on why so many Americans are opposed to the vaccination, even educated people working in healthcare? It all seems very bizarre to me...
- _fat_santa 3 years agoThe problem that so many have is that the mandates completely ignore other ways to gain immunity and the fact that not everyone can get the vaccine. Right now the one single line from the government is "Everyone should get vaccinated, it's safe an effective".
To anyone paying attention it's obvious that this is not the case. Everyone should not get vaccinated, some folks can't get the vaccine. And not it's not safe and effective for everyone, some have had a bad reaction.
It would be one thing if the government realized this and placed reasonable exceptions for those who either can't get it or don't need to because they have natural immunity or immunity through monoclonal antibodies. But they don't and they continue to push this one way of getting immunity.
And that's where the distrust forms. More and more it seems that the government doesn't actually give a damn about these edge cases, all they want to do is check the box that says you have been vaccinated.
- kevingadd 3 years agoPeople dying from the virus is useful to an opposition party when they want to argue that the ruling party is doing a bad job and should be replaced.
Things like vaccines also threaten the status of people who use the virus in order to extract money from their audiences, like megachurch preachers and snake oil salesmen. Some people got really wealthy off Ivermectin and HCQ prescriptions during this whole thing.
- _fat_santa 3 years ago
- acomjean 3 years agoI work near hospitals. You'd be surprised how many staff are outside on break smoking..
- aixi 3 years agoI don't know if you're being disingenuous, but health care workers is a very wide group of people; most probably have absolutely no idea about 'whats in this thing', and in my experience most doctors are vaccinated --- it's hospital staff that aren't.
- sjwalter 3 years agoThe doctors here in Montana I've talked to about it are not exactly advertising it but are unvaccinated and have recommended to me to avoid the vaccine and one intimated it's insane to vaccinate children.
So that's not the case with all doctors.
Then again, I'm fit, healthy, great diet, low stress, eat well, lots of sunlight. Covid poses less risk to me than driving, my kids it doesn't rise to the level of conscious thought.
Covid's over here.
- beerandt 3 years agoAlso, it's not like doctors are doing it based on medical judgement.
Their jobs are being threatened too, and are more likely to have large debt from school and to be the primary breadwinner of their family than nurses.
Nurses just have more realistic freedom to say no.
- HyperRational 3 years ago"but are unvaccinated and have recommended to me to avoid the vaccine and one intimated it's insane to vaccinate children."
They should lose their medical license for spreading such utter lies.
- beerandt 3 years ago
- HyperRational 3 years agoHe is being EXTREMELY disingenuous.
- sjwalter 3 years ago
- HyperRational 3 years agoAMA survey shows over 96% of doctors fully vaccinated against COVID-19
https://www.ama-assn.org/press-center/press-releases/ama-sur...
Just because someone works in Medicine doesn't mean they are intelligent.
- a45a33s 3 years ago
- zamadatix 3 years agoOriginal title is much more accurate "Courts block two Biden administration COVID vaccine mandates", the edited one here "Courts block Covid vaccine mandates for healthcare workers nationwide" implies something much larger in scope.
- geewee 3 years agoAlso if you're not US-based.. which nation?
- beerandt 3 years agoThe mandates blocked are for healthcare workers nationwide, it's factually correct.
- 3 years ago
- dgfitz 3 years agoOp didn’t disagree with you. You should re-read the comment they made. Do you disagree with the Op?
- 3 years ago
- dang 3 years agoOk, we've reverted the title above.
- geewee 3 years ago
- CosmicShadow 3 years agoI wish headlines would include the country it refers to when it says nationwide
- curiousgal 3 years agoHN is mostly centred around the U.S.
- chronofar 3 years agoRejecting a compulsory measure not “anti-science,” and using that term in that manner displays a dogmatism that is decidedly unscientific. It is quite coherent to accept the consensus epidemiological realities of COVID, the efficacy and safety of the vaccines, and simultaneously disagree with compulsory measures to enforce treatment.
- curiousgal 3 years agoAgreed but in this specific context the issue concerns healthcare workers. Vaccines are mandatory in the army for obvious reasons, ones that are even more relevant for healthcare workers.
- curiousgal 3 years ago
- dang 3 years agoPlease keep nationalistic flamebait off HN. It leads to nationalistic flamewar, which is a form of internet hell (fortunately a relatively avoidable one).
- curiousgal 3 years agoIt was a joke but I edited my comment. Apologies.
- curiousgal 3 years ago
- chronofar 3 years ago
- curiousgal 3 years ago
- not2b 3 years agoPlease fix the headline to match the one on the article. The Hacker News headline is deeply misleading, because vaccine mandates imposed by US states and cities are not affected by this court action.
- cronix 3 years ago*US Courts
This is an international forum.
- Sosh101 3 years agoCan we add the country in the title please?
- hestefisk 3 years agoWhilst thousands of healthcare workers in the US —- those who are supposed to be proponents of public health measures and rational, scientific thinking - refuse to get vaccinated, ultimately resulting in stockpiles of vaccines getting destroyed … people in third world countries cannot get adequate access to vaccines. This is madness.
- strict9 3 years agoI agree with your sentiment, but the part about third world countries getting adequate access is more complicated than simply lacking access to shipments.
In many parts of Asia and Sub-Saharan Africa, hesitancy, misinformation on social media, and lack of adequate institutions is now more of a hindrance than getting shipments.
https://www.nytimes.com/2021/12/01/world/africa/coranavirus-...
- listless 3 years agoI hope more people read this comment. I think there is a common misconception that we're hoarding vaccine while people in 3rd world countries are begging for it. That's just not true as far as I can tell. The vaccine hesitancy seems to be universal. I guess we can blame the internet for that too.
- listless 3 years ago
- rglover 3 years ago> Whilst thousands of healthcare workers in the US —- those who are supposed to be proponents of public health measures and rational, scientific thinking - refuse to get vaccinated [...]
These people were considered heroes last year (and overwhelmingly exposed to this virus while everyone else stayed at home). Now their judgment is in question because they won't follow the herd, with all of their medical experience/expertise being rejected or discredited. The inconsistency is a work of art.
Everyone should read this: https://www.amazon.com/Rape-Mind-Psychology-Menticide-Brainw... — you will find an alarming number of parallels to our current situation.
- kgwxd 3 years agoYour comment is based on the same strategies as the headlines and the book talks about. Define "These people". Hasty Generalization. "These people" don't move in unison like a school of fish, and every good faith reader knows that. There's no inconsistency.
- rglover 3 years agoThese people = doctors, nurses, etc (medical professionals).
It's not a "hasty generalization."
- rglover 3 years ago
- 3 years ago
- joebiden2024 3 years agoIf they infect their patients or die from a preventable cause from their patients they are not heroes, they're just dumb.
- listless 3 years agoname checks out
- mandmandam 3 years ago> If they infect their patients
If you are suggesting that vaccination stops transmission, you're wrong. Might want to be explicit about that, dubiously named green account.
- listless 3 years ago
- shadowgovt 3 years ago"Hero" and "Good decision-maker" aren't covariant signals.
Most footsoldiers who die in a war are considered heroes, and people can consider them that without holding in their heads at the same time the idea those soldiers would have made good generals.
- kgwxd 3 years ago
- 3 years ago
- throwaway984393 3 years agoI think of it less as madness and more as the constant structure of power in homo sapiens society.
For thousands of years, privileged citizens of empires have gotten more rights and better treatment than non-citizens and foreigners. Some humans are just born into a position where they don't need to fear for their life or fight to survive. This is true even in the US; all over the country, in the same square mile, you will find people starving, and people throwing away good food; people rejecting a vaccine just to exercise their personal power, and people waiting 8 hours outside in freezing cold to get one. Our societies seem destined for injustice.
- q1w2 3 years agoWhat's telling is the contrast in covid vaccination rates between nurses vs doctors.
The vast majority of doctors get themselves vaccinated, whereas a large portion of nurses only get vaccinated as needed legally.
- davidw 3 years agoAfter 6 years back in the US, I'm starting to get a bit of a 'gut feeling' that it's time to get out again.
- refurb 3 years agoIf personal freedom scares then yeah, time to get out.
- lpcvoid 3 years agoVaccines should not be a personal freedom choice. They are a life saving invention, where did we go as a society that this is suddenly up for debate? Antivaxxers on HN of all places, what the hell.
- davidw 3 years agoI can have a beer in the piazza with my friends in Europe. I can even have one in the car as long as I'm a passenger and the driver isn't drinking. People can build a 6-unit building in most areas in most towns. They can start a business without being required to provide a sea of parking.
Another enviable feature of European democracies is that the group that receives the most votes ends up being the group in power.
Plenty to dislike as well, but it's always a compromise.
Also, 'personal freedom' comments are ... pretty ironic today of all days. "Tell me you're a dude without writing you're a dude".
- lpcvoid 3 years ago
- refurb 3 years ago
- gertrunde 3 years agoThis is my biggest worry as well, what are people who clearly do not believe in medical science doing working in a medical capacity?
Are these people performing treatments on patients that they do not believe work?
The mind boggles.
- commandlinefan 3 years ago> clearly do not believe in medical science doing working in a medical capacity
Or... the people who know the most about the tradeoffs and benefits of this particular vaccine have done a cost/benefit analysis and rejected it? I'd be curious to see if they're rejecting this particular (experimental, rushed, based-on-unproven-mRNA technology) vaccine but not, say, the mumps or rubella vaccines.
- AnimalMuppet 3 years agoMaybe their assessment of the medical science does not match yours. And maybe they are in a better position than you to evaluate it.
And, of course, others who are also in that better position evaluate the evidence differently.
One could draw two conclusions from this: "People are idiots", or "the evidence is not as clear-cut as we're being told".
- gertrunde 3 years agoAnd yet the vaccination rate within the medical community is consistently higher than the general population (90% vs 70% in the UK).
(Edit: although it is plausible that this is due to some bias in the statistics - e.g. medical workers are expected to be working age adults (who are statistically more likely to be vaccinated anyway), and the general population is obviously a wider range)
So does this suggest that those in the know are more likely to be vaccinated? Or that those in the know are taking a wait-and-see approach?
- gertrunde 3 years ago
- TheTester 3 years agoDO you unironically quite believe that this people do not believe in what they do?
Do you think that medicine is a nothing or all kind of thing? DO you believe that those who do not trust big companies that have paid millions in criminal fines, reject the rest of medicine?
You are simply not Supposed to "believe" in science that is reedit tier thinking, Science is a process and in such process mistrusting leaky vaccines that reduce T cells amounts is ok. Medical Science is not monolithic.
- commandlinefan 3 years ago
- strict9 3 years ago
- swader999 3 years agoAt least one of the branches of government is working.
- dang 3 years agoPlease don't post flamebait to HN. It's not what this site is for, and it destroys what it is for.
- mikebonnell 3 years agoYes, the executive branch is functioning again after 4 years of idiocy.
- dang 3 years agoPlease don't take HN threads further into flamewar. It's not what this site is for, and it destroys what it is for.
- mikebonnell 3 years agoYou are correct and thanks for the reminder.
- mikebonnell 3 years ago
- jaywalk 3 years agoYour definition of "functioning" doesn't seem to line up with mine.
- sigzero 3 years agoBAH HA HA HA.
- narrator 3 years agoNow we have Biden, the great genius, running things. /s
- dang 3 years ago
- rvz 3 years agoNow there's an idea.
- dang 3 years ago
- bbqmaster999 3 years agoNow do masks
- olliej 3 years agoAh, Louisiana, that bedrock of personal liberty.
- 1970-01-01 3 years agoRules and laws. The virus does not care about these. At all. It does not care about your race, it does not care about your age. It doesn't care about your employment status, gender, religion, disability, nationality, wealth, or anything else. All it cares about is if it can replicate. As we debate and discuss and argue if laws and rules are justified or not, the virus simply ignores everything and does what it has been doing since it existed. The virus does not obey borders and mandates. It doesn't obey leaders, it doesn't obey power. Perhaps the end doesn't justify the means. Perhaps it's time we rethink how we respond. Either way, the virus doesn't care what you think. It moves as best it can.
- dham 3 years agoI mean it does care about your age and your weight because it in 80% of the hospitalizations and deaths this is the reason of complications.
- 1970-01-01 3 years agoIt doesn't care about that.
- dham 3 years agoYea, I suppose you're right, but something cares about it. The human body?
- dham 3 years ago
- 1970-01-01 3 years ago
- SN76477 3 years agoThis has been a disease of pride from the start.
- Chris2048 3 years agoWhat has this got to do with anything? Beating a straw man "the virus will wait for legislation" while implying all the "debate and discuss" isn't important.
Also, the virus does care about the things you mention, insofar as they affect infection vectors i.e. If you don't have the power to avoid situations that put you at risk.
- 1970-01-01 3 years agoI was making a point. It was flagged for some reason.
- Chris2048 3 years agoAnd what was the point?
- Chris2048 3 years ago
- 1970-01-01 3 years ago
- dham 3 years ago
- Bhilai 3 years agoMandates are probably not going to work but what would work is denying insurance claims. If someone ends up in a hospital occupying an ICU bed for an illness that could have been prevented by a vaccine widely and freely available then insurance companies (and medicare) should refuse to pay thousands of dollars for their treatment. It was their choice not to use preventative care available.
- traviswt 3 years agoIs it just this specific situation that causes you to feel that way? Or should all diseases which have some amount of preventative protocol be treated the same, perhaps STDs?
And what about other choices that impact emergency care? Obesity related illness and injuries, smoking and other cancer-inducing habits, dangerous activities such as motor sports and rock climbing, workplace injuries without appropriate PPE, auto accidents without helmets and seat belts, etc.
And who is it that gets to be the moral arbiter of what is acceptable? To me, it seems like whoever is in power. What happens when “the other side” from your perspective wins an election cycle?
- beerandt 3 years agoThis is why nationalized/ government healthcare implementations, even at the level of Obamacare, are so dangerous.
It literally gives government moral authority over who deserves care and who doesn't. "Universal" healthcare, as long as you're part of the universe that does exactly what the government tells you to do.
- traviswt 3 years agoWhich is why when social policies are adopted, they must be implemented as a minimum, not a maximum.
You should be allowed to have whatever private health care or sharing, etc you want, while having some basic amount of care commonly available. There will always be limits. Rich people can afford to hire their own private doctor and nurses. We can't realistically afford that for every individual.
And we have already identified these things really. From preventative care and reproductive health options which can be found free of charge, to things like EMTALA granting emergency care to everyone.
Identify the things which are fundamental and provide those to everyone, and allow the upper echelons and unique needs to operate in free market.
- traviswt 3 years ago
- beerandt 3 years ago
- dham 3 years agoI got one for you, we can prevent 80% of covid deaths and hospitalizations and reduce other diseases and get universal healthcare because the cost would be much less...Just ban fast foods. Make everyone exercise and that would be mandated by government. It would much less intrusive than requiring someone to inject something into their body.
- encryptluks2 3 years agoIf I recall, the White House worked with various companies to give out incentives for getting vaccinated like beer and donuts.
- dham 3 years agoThat sounds about right for the US. I don't know why we didn't just give everyone $2,000 to take the vaccine. Would have been more ethical.
- dham 3 years ago
- encryptluks2 3 years ago
- JavaBatman 3 years agoThat also doesn't work because that same precedent can be used for other preventative health issues such as obesity. "Well, you shouldn't have been eating all those cheeseburgers, sorry"
- tfandango 3 years agoI think you have a point, it's a fine line, but say there was a shot which could prevent you from becoming obese and all the problems that come with it? Now I'm going to kind of argue against myself here, but as I write this I think a better comparison would be Flu, you can get a Flu shot and pretty much stay out of the hospital. People end up in the hospital with Flu every year and insurance covers that. I guess this is all to say after some reflection, I can see both sides to the argument.
- tfandango 3 years ago
- Radim 3 years agoAnd what do you propose happens to vaccinated people who occupy ICU beds?
Or, for that matter, to other groups of people with an "illness that could have been prevented by a widely and freely available measure"?
A few spring to mind immediately – obesity first and foremost.
In broad terms, I agree with your approach: incentives at the personal level. Bottom-up. But in many countries (mine included, in EU), "health insurance" is really just a tax. There's no connection between your health & behaviour, and the "insurance" cost or fulfillment. So what you propose would essentially amount to privatizing health care, or at least turning it from an income tax into real insurance.
- primoJS 3 years agoObesity is preventable in 95+% of cases, maybe insurance companies should deny coverage to ~40% of the US?
- seanmcdirmid 3 years agoObesity is much harder to prevent than going to the pharmacy and getting a free shot (and going back a month later and doing it again). Comparing easy to hard doesn’t make sense.
I’m all for the libertarian solution here: just charge people who refuse to get vaxxed more in premiums to fund their future more expensive Covid treatments. It should not be considered a preexisting condition. This would extend to group plans, except since the risk is all pooled, it would have to be for workplaces that don't mandate the vaccine. And areas of the country that have low vaccination rates should necessarily have higher insurance rates given that vaccines require mass adoption to be effective.
- bequanna 3 years agoSmokers pay higher life insurance premiums, right? Risk-adjusted health insurance premiums for preventable lifestyle issues is a great idea.
Couple the above with with a ban on advertising pharmaceuticals and we would see a 50% reduction in per capita health care spend almost overnight.
- dham 3 years agoBut what about people who had Covid before or after vaccines existed? No need to punish them
- dham 3 years ago
- seanmcdirmid 3 years ago
- runako 3 years agoAnecdotal evidence would appear to support the conclusion that work-based mandates do increase vaccination numbers. People would rather get their shots than lose their jobs.
- 3 years ago
- btbuildem 3 years agoThere's no point, because these people usually just die. Who does the hospital go after, the estate? The family?
- tfandango 3 years agoThe estate yes, I imagine that is what they do in the case of a death not caused by covid? I've also been wondering when insurance will begin denying claims for this, there's a basically free option to prevent most hospital stays, vs thousands in bills to pay, this is the responsible business decision to make in my mind.
- tfandango 3 years ago
- traviswt 3 years ago
- lpcvoid 3 years agoVaccines should not be a personal freedom choice. They are a life saving invention, where did we go as a society that this is suddenly up for debate? Did people forget that we eradicated Polio, Tetanus, Hepatitis etc? Where does this sudden influx of people come from that are opposed to this absolute incredible work of science?
- _Understated_ 3 years ago> Vaccines should not be a personal freedom choice.
I don't do personal attacks but in your case I'll make an exception: you are a fucking psychopath if you think it's ok to tell people to get a jag for something that is killing literally no one right now!
We're at around 100 deaths per day right now in the UK [0] and those stats don't actually tell you if they died FROM covid or merely had covid 28 days earlier when they died (massive difference!)... completely hides the real data.
In addition, there are on average 450 deaths per day from cancer [1] so where is the big gov. push to eradicate that?
Here are the overall death stats in the UK [2]. COVID is a tiny fraction of it.
[0] - https://coronavirus.data.gov.uk/details/deaths?areaType=over... [1] - https://www.cancerresearchuk.org/health-professional/cancer-... [2] - https://www.ons.gov.uk/peoplepopulationandcommunity/birthsde...
- lpcvoid 3 years agoWouldn't this imply that the vaccine is physically harmful to you? There is literally no argument against it if you don't imply that. Do you think it is? I am really interested to discuss this with somebody who isn't a conspiracy theorist, so I'd be happy if you can answer.
- _Understated_ 3 years ago> Wouldn't this imply that the vaccine is physically harmful to you?
I have no evidence to say that the vaccine is physically harmful to me, personally, but there are plenty of stories on the web where people in the prime of their health, have been struck down with something after taking it.
However, there is plenty of evidence to say that covid itself is not harmful at all... look at the stats - literally no one is dying!
These jags are also brand new: they're a few years old so there is ZERO data on long-term risks. None! For all we know, in a few years people may start dropping dead with heart conditions.
Now, if covid was as life-threatening to the majority of people as it is being marketed as, then I can potentially see a case where people should get it but the figures do not lie: almost no one is dying from covid.
Remember, this covid jag is a treatment for something that it's unlikely you will succumb to. So, should you get every vaccine going just in case?
Additionally, the gov wants you to keep taking it, over and over again! That will increase your long-term risk (again, zero data on the long-term effects!).
Plus, by giving in and taking it each time you're told, what kind of world are you leaving your children? They're going to have to get a medical procedure to go to the pub ffs!
So, in answer to your question about whether it's harmful... we don't know and the thing is do you really want to risk your health and that of your children for something that has almost zero chance of affecting you?
Edit: Forgot to say, the point of these jags (despite them incorrectly being called vaccines) is only to make you feel better when you catch it. Make no mistake, they DO NOT prevent infection, DO NOT prevent re-infection, DO NOT prevent spreading... so what the hell are they for? I believe that the newest strain that was discovered in South Africa was in someone with the covid jag...
- _Understated_ 3 years ago
- peteradio 3 years agoI agree with most of what you've said but I'd hesitate to call him a psychopath. Give them the benefit of the doubt, they could be a moron.
- lpcvoid 3 years ago
- ghoward 3 years ago> They are a life saving invention, where did we go as a society that this is suddenly up for debate?
So condoms, another life-saving invention, should also be mandated? Should you lose your job if you don't wear your seat belt? (Wearing a seat belt does save others by preventing you from becoming an out-of-control projectile and hitting others.) Should people be prevented from buying unpasteurized milk if they want it? Should smokers be forced to quit with the threat of losing their job or fines or jail time, especially since their smoke affects others?
> Did people forget that we eradicated Polio, Tetanus, Hepatitis etc?
Those are sterilizing vaccines that survived longer scrutiny than the COVID ones, and the COVID ones are not sterilizing.
To be honest, the lies around the COVID vaccines have me now questioning those supposedly safe vaccines.
> Where does this sudden influx of people come from that are opposed to this absolute incredible work of science?
If they are anything like me, they came because of the lies we were told. Once we figured out they were lies, it was a natural thing to question other things.
And the vaccines are not an incredible work of "science." They are an engineering effort. That sounds a lot like Fauci claiming that people who criticize him are criticizing science, as though he defines what science is.
Spoiler alert, he does not.
- lpcvoid 3 years agoYour examples are, in my opinion, poorly chosen - the only ones of relevance are the seatbelt and the smoking ones, since those actually can harm others. And in these cases, there have been laws put in place to limit other people's exposure to this danger, like seatbelt driving laws and smoke free areas.
What lies where there? The only point that I saw until now was the correlation of positive tests within 28 days that another commenter pointed out, but I don't know if that's directly a lie. Can you name one that specially bugs you?
I don't see why you refuse to call vaccines a science effort - it is wholly backed by decades of research when you consider the mRNA transport mechanism (and not the payload itself, I agree here).
- ghoward 3 years agoLies like telling people they don't need to wear masks at the beginning (or maybe the lie was flipping to saying we did), or the admission that the goalposts were being moved on herd immunity, or the lie that gain of function research was not funded by the NIH. There are plenty of lies. And those are just the ones admitted. Never mind the fact that Fauci and others have stakes in pharma companies.
Regarding those laws, as I alluded to, they don't take away people's livelihoods. And they are actual laws, not edicts by a governor.
The vaccines may have science behind their creation, but engineering always comes into play when you have to actually create something. The science created the theory, but engineering creates implementations. And I don't trust these implementations the same way I might like theory behind a programming concept but not trust implementations. Like in cryptography.
- ghoward 3 years ago
- lpcvoid 3 years ago
- 4903000 3 years agoYou would need to exert significant physical force upon me to inject a vaccine into me when I am not willing to subject myself to it. As per the universal human right to security of person, I have an equal right to refuse vaccination. You are advocating for the dissolution of universal human rights that arise from physical reality. As a human, I will have to disagree with you.
- _Understated_ 3 years ago
- 0xB31B1B 3 years agoGarbage ruling from the least democratic branch of government in the US. The whole project of "dismantling the administrative state" of which this decision rolls up to is absolutely insane in 2021 and will lead this country to a path of ruin. This decision is part of a much larger play by Federalist Society judges to remove the ability of our government to do virtually anything.
- kspacewalk2 3 years ago>Garbage ruling from the least democratic branch of government in the US.
Is... that meant to be a bad thing? Yes, judicial branch should not be directly accountable to voters. In fact, as a Canadian, I find the idea of electing judges to be so thoroughly strange that it almost defies belief. Why the hell would you want your judicial branch to be "democratic", as in directly and immediately beholden to the whims of the mob? It should be behind layers of indirection, only generally accountable to the voters, and with a long lag to boot.
- JasonFruit 3 years agoIn Wisconsin, where I live, certain judicial offices are elected. Judicial elections are as nakedly partisan as you might fear, and it fosters no confidence in the impartiality of the judiciary. Based on my understanding (as a generally conservative libertarian), many decisions are predicated on conservative political promises and ideology, rather than any sound legal reasoning.
- 988747 3 years agoBut at least you know judges political affiliation, officially. The worst thing is when judges try to hide it, pretending to be impartial, objective, basically demigods free of typical human flaws.
- 988747 3 years ago
- BoxOfRain 3 years ago>In fact, as a Canadian, I find the idea of electing judges to be so thoroughly strange that it almost defies belief. Why the hell would you want your judicial branch to be "democratic", as in directly and immediately beholden to the whims of the mob?
As a Briton I agree. It's also why I'm quite sceptical of the concrete benefits of a directly elected House of Lords and the replacement of the monarchy with a presidential system which are popular ideas in some political circles. I'm no fan ideologically of the trappings of a landed gentry and there's plenty of room for heavy reforms there but having a strictly apolitical head of state and a semi-technocratic oversight body has its advantages. Democracy isn't necessarily measured by the amount of government positions which are directly or indirectly elected - there's more nuances than that.
- handrous 3 years agoThere's a quiet and small (there are tens of us! Tens, I say!) group of Americans who aren't so sure de facto direct election of the President is a good idea (in fact, it isn't direct, and wasn't intended to be, but in effect sort-of is direct, because the system wasn't set up to defend against what amounts to a variety of attacks on it that broke it almost immediately and gave us what we still have today, which is a worst-of-both-worlds hybrid) or that changing our Senate so that they're directly elected was the right move.
- handrous 3 years ago
- pawelmurias 3 years agoIs having judges be only accountable to politicians and unclear financial interests pulling the strings be that much better?
- kspacewalk2 3 years agoThey are not accountable to politicians though, not on a continuous basis. They are appointed by politicians for a fixed or life term. This is the important difference - elect politicians to well-paid full-time jobs of (among other things) appointing judges and prosecutors, and then let them spend the time doing it right, and then don't have those judges/prosecutors have to continuously be checking in with what the voters or the politicians who appointed them want, in the moment. That last part is key.
But yes, if you have garbage politicians they will at some point start appointing garbage judges, garbage crown attorneys, etc. and the system breaks down. So, like, get better politicians (by which I really mean become better voters).
- kspacewalk2 3 years ago
- garden_hermit 3 years agoIt shouldn't be democratic, but for a non-democratic institution, the Supreme Court in the U.S. has outsized power at a level not originally intended in the constitution.
- afarrell 3 years agoAgreed. The judiciary should be the least accountable and most transparent branch of government.
- JasonFruit 3 years ago
- ghoward 3 years agoI have no idea what you mean. The judges blocked only one course of action, so they aren't removing the ability of the government to do anything.
Also, they explicitly said that Congress should do it, as our elected representatives. That's basically putting the authority where it belongs, if it exists. That's not about preventing government from doing anything.
And what's wrong with dismantling the administrative state? Many industries are already over-regulated because there are so many agencies, so many rules, and often, those rules conflict. The administrative state is a hindrance to progress and innovation because it keeps new players from entering the field.
Why do you think that "dismantling" it will lead to ruin?
- HonestOp001 3 years agoHow large should the administrative state get?
We have unelected officials who are making decisions against the will of the people. The entire system is too large for any person to affect change. That is why we see “crises;” they allow people to focus the group onto a crisis. In normal times, the entire industry reverts to how can they increase their size..
- avs733 3 years agoplease provide evidence to support this claim:
"We have unelected officials who are making decisions against the will of the people."
- throwaway2077 3 years agodid you vote for Ajit Pai?
- throwaway2077 3 years ago
- avs733 3 years ago
- spiderice 3 years agoThe “least democratic branch”, as you say, just blocked a very undemocratic order in favor of just using the democratic process and going through congress.
Not sure what you’re complaining about. You seem to both want more and less democracy at the same time. Just because the president is elected doesn’t make him a king, and doesn’t make anything he does democratic.
- encryptluks2 3 years agoThe party that claimed to be anti-authoritarian has suddenly become the party demanding authoritarianism.
- encryptluks2 3 years ago
- refurb 3 years agoYou’ve pretty much given the best argument possible for separation of powers that the Founding Fathers put in place.
I don’t think that’s what you intended, but thank you!
- peteradio 3 years agoFortunately we are a multi-layered system of government and your State's Governor may be able to direct some public health response tailored to your State's unique needs. I think this was the correct ruling and I can not understand why someone would want the President of the United States to be able to direct my medical treatment. Or is it that only particular Presidents would be able to execute this power, how do you control that?
- rubyist5eva 3 years agoGood. Courts aren't democratic on purpose, they exist to interpret the law as enacted. "The courts should rule based solely on what the law says and not what some people with an agenda wish it meant" shouldn't be a partisan issue but apparently it is these days.
If you don't like the law, get Congress to change it.
- MarcoZavala 3 years ago
- kspacewalk2 3 years ago
- sAbakumoff 3 years agoBrilliant and timely decision. Good luck with Omicron, US.
- commandlinefan 3 years agoAren't the Omicron symptoms relatively mild?
- sAbakumoff 3 years agoI think that the death rate stays intake in the best case scenario. It could be higher than the Delta rate though, we don't know yet. But you know, I have no reasons to believe that we are so lucky, and even importantly, we deserve the best case scenario. US is crazy. Courts all over the country halt COVID protections measures. Republicans in the house don't want to prevent the government shutdown because of the vaccine mandates for private sector. Anti-vaxx rhetoric is stronger than ever before. So, people continue to die because dysfunctional government can't get their sh*t together. One party goes all-in with cultural war, conspiracy theories and sabotages everything. The other party is so weak that they can't execute the agenda of their own president.
- ufo 3 years agoSo far we don't have enough data to say how it compares to previous variants. Even with the other variants, most cases are mild and it can take several weeks to start seeing the more severe cases getting worse.
- beerandt 3 years agoAnd is only an increased concern because it might be more adept at evading the spike-based vaccines.
If you're not vaccinated or have natural immunity, there's likely zero increased reason for personal concern.
- sAbakumoff 3 years ago
- commandlinefan 3 years ago