News for January 13 — Supreme Court Rejects Employer Vaccine Mandate

Supreme Court rejects employer vaccine mandate: https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf . Here is the opinion, so you may make your own judgment. My view is that the minority opinion is exactly correct. Having read the majority and concurring opinions, my view is that they are not worth reading. The majority argues that OSHA has never taken such action. The last major pandemic was in 1917. OSHA was created in 1971 (under Richard Nixon). The pandemic has killed 870,000 Americans and counting, many of whom contracted the disease in their workplaces and then spread it to their families.

OSHA clearly has the authority to protect workers. This is the first time a pandemic has occurred since OSHA’s establishment. Their authority is based on the statute, not what they’ve done before. Even if the Court is just going to make stuff up, they have to at least show cleverness. This opinion doesn’t even clear that low bar.

Apparently the Supreme Court has chosen to embarrass itself now, so we’ll all be prepared for their ruling on Roe v. Wade. Note that although the 3 dissenters all signed the dissent, the majority called it out as Justice Sotomayor’s opinion. I wonder if that’s because she asked in the Roe arguments, “Can the Court survive the stench of overturning Roe?”: https://thehill.com/regulation/court-battles/583814-sotomayor-suggests-court-wouldnt-survive-stench-if-abortion-rights . We all know where this is going. If the Court’s opinion in Roe is as poorly written as this one, the Court will complete its devolution into a political sausage shop where stare decisis has no meaning.

I care deeply about the Court. I am disgusted.

Supreme Court upholds healthcare vaccine mandate: https://www.fiercehealthcare.com/hospitals/supreme-court-vaccine-covid-19-healthcare-upholds-hhs-vaccine-requirement-for-healthcare .

HHS Secretary Becerra asks for review of 2022 Medicare premium: https://www.politico.com/newsletters/prescription-pulse/2022/01/11/becerra-asks-cms-to-reconsider-medicare-part-b-2022-premiums-799799 . This seems straightforward. The November announcement of the 2022 Medicare premium was based on the cost of Aduhelm, and the price was since cut in half. Unless the price cut is expected to double utilization, the Medicare premium increase should be reduced. But the size of the premium increase indicates the utilization assumption was quite high. And CMS has now recommended very limited coverage: https://www.biopharma-reporter.com/Article/2022/01/13/CMS-decision-to-limit-Aduhelm-coverage-could-have-ripple-effect-on-other-potential-therapies . The approval of this drug was very controversial. Even with the 50% price cut, I believe this drug is false hope at a high price.

Low child vaccinations alarm experts: https://apnews.com/article/kids-low-covid-vaccine-rate-impact-a3f24f27f39ab198755eff8f8e0e5493 . How do these parents live with themselves if their 6 year old becomes seriously ill with COVID? The risk of serious illness is relatively low in children but the result is horrendous. And there is absolutely no reward in daring Nature to prove you’re irresponsible.

New Omicron subvariant found in Israel:: https://www.jpost.com/breaking-news/article-692495 .

And another Omicron subvariant appears in South Texas: https://www.borderreport.com/health/coronavirus/exclusive-omicron-sub-variant-discovered-in-south-texas-border-county/ .

The world debates fourth COVID shot: https://www.usnews.com/news/health-news/articles/2022-01-13/a-fourth-coronavirus-shot-will-likely-be-needed-but-questions-remain-about-when-and-what-kind .

The pressure on US ICU beds: https://www.cnn.com/2022/01/13/health/us-coronavirus-thursday/index.html .

WSJ: Pandemic data sharing problems: https://www.wsj.com/articles/covid-has-exposed-problems-in-how-scientists-share-data-11642093063 .

Biden sends over 700 military personnel to 6 hard-hit states: https://www.aljazeera.com/news/2022/1/13/biden-announces-new-measures-to-combat-omicron-threat . WSJ: More: https://www.wsj.com/articles/omicron-surge-stretches-schools-and-testing-capacities-11642074817 .

Is Omicron peaking?: https://www.eatthis.com/news-omicron-peak-states/ . Much current writing suggests Omicron will decline as rapidly as it appeared, signaling the end of the pandemic. This assumes (a) data from South Africa and the UK will apply to our population; (b) there will only be one wave of Omicron; and (c) no other variant will emerge to take Omicron’s place. There is almost no evidence to back any of these assumptions, and experience in the pandemic so far argues against both (b) and (c). WSJ: Omicron may be peaking in the UK: https://www.wsj.com/articles/omicron-peak-appears-to-have-passed-in-u-k-offering-hope-the-wave-is-receding-11642078349 .

Newsom replies to DeMentis, and he’s right: https://www.fiercehealthcare.com/hospitals/supreme-court-vaccine-covid-19-healthcare-upholds-hhs-vaccine-requirement-for-healthcare . Considering this is an interview and not a staged speech (a la DeMentis), Newsom shows a remarkable command of the facts. That’s because he’s actually governing, while DeMentis is just posturing. Other studies have come to the same conclusion about comparing the Florida and California responses. Meanwhile, one writer argued against the California results, but he simply does not understand statistics.

By the way, looking at the Worldometer statistics, the US recorded 1,965 deaths yesterday. Russia recorded 740, Poland had 480, and the UK had 335. Every other country in the world had 225 or less. Not only does the US continue to lead the world with the worst COVID response results, right now we are lengthening our lead.

Gene discovered that more than doubles the risk of severe complications from COVID: https://www.dailymail.co.uk/sciencetech/article-10399193/Gene-doubles-risk-severely-ill-Covid.html . This is an interesting discovery by Polish scientists. However, British scientists discovered this gene almost two months ago: https://www.dailymail.co.uk/news/article-10164735/Oxford-University-researchers-uncover-gene-doubles-risk-death-Covid.html . Does the Daily Mail read its own articles? Do they use Google?

Poorer nations reject over 100 million close-to-expiry vaccine doses: https://www.jpost.com/health-and-wellness/coronavirus/article-692422 . As noted previously, more effort must be made on distribution systems in these countries. But you’d think they could quickly vaccinate people in the largest cities.

WSJ: College enrollment continues to shrink: https://www.wsj.com/articles/college-enrollment-continues-to-shrink-11642050061 . Meanwhile, colleges’ reopening plans continue to change on short notice: https://www.wsj.com/articles/covid-19-prompts-colleges-to-rip-up-plans-for-start-of-the-semester-11642082595 .

WSJ: China bans flights from the US: https://www.wsj.com/articles/china-bans-flights-from-u-s-as-covid-19-measures-intensify-11642139958 .

Glenn Beck has COVID – again: https://www.huffpost.com/entry/unvaccinated-glenn-beck-gets-covid-again-says-its-getting-into-my-lungs_n_61e05151e4b09724bb983f58 . Again, the natural immunity argument is really just natural immunity to the facts. You may remember Glenn Beck when he had something resembling a career. And, here’s where your taxpayer spending for monoclonal antibodies is going …

WSJ: Weekly jobless claims rise to 230,000: https://www.wsj.com/articles/weekly-jobless-claims-01-13-2022-11642040139 .

The latest grocery shortages: https://www.aol.com/finance/grocery-stores-still-empty-shelves-135919443.html . COVID stresses every step in the food supply chain.

Prince Andrew deroyalized: https://globalnews.ca/news/8508587/prince-andrew-titles-patronages-virgina-giuffre-trial/ . WSJ: More: https://www.wsj.com/articles/queen-elizabeth-strips-prince-andrew-of-his-titles-amid-sex-abuse-court-case-11642097901 .

Founder of Oath Keepers charged with seditious conspiracy: https://apnews.com/article/stewart-rhodes-arrested-oath-keepers-jan-6-insurrection-70019e1007132e8df786aaf77215a110 . This dude is in a load of trouble. Prosecutions so far have been working their way up the ladder. This is a show trial for how the senior offenders will be handled. DOJ will crush this guy like a grape. His only hope is to turn on his co-conspirators, and he will still spend a long time in prison. WSJ: Ten others were also charged with seditious conspiracy: https://www.wsj.com/articles/oath-keepers-leader-stewart-rhodes-arrested-in-jan-6-capitol-riot-probe-11642099521 .

Independent review identifies several errors by Utah police in the Gabby Petito – Brian Laundrie encounter: https://www.nbcnews.com/news/us-news/report-finds-utah-police-made-mistakes-encounter-gabby-petito-brian-la-rcna12024 .

New developments in the Alec Baldwin shooting: https://finance.yahoo.com/news/alec-baldwin-apos-rust-apos-040332184.html .

Army offers $50,000 bonuses to some new recruits: https://www.npr.org/2022/01/12/1072628577/army-increases-bonus-new-recruits . I hope they are focused on cyber warriors. That will be the daily battlefield for decades to come.

WSJ: Game theory comes to poker: https://www.wsj.com/articles/how-game-theory-changed-poker-11642087507 . Just in case one of your actuarial students is dreaming of become a poker pro, this might calm them down. And speaking of chips …

WSJ: TSMC will increase chip capacity to meet backlogged demand: https://www.wsj.com/articles/tsmc-to-invest-up-to-44-billion-in-2022-to-beef-up-chip-production-11642076019 . This could significantly reverse recent inflation in big-ticket items.

Anyone for Baked Australia?: https://news.yahoo.com/australia-hits-high-temperature-of-1237-f-tying-record-for-southern-hemisphere-191909684.html . Note that this is a record not just for Australia, but for the entire Southern Hemisphere. Seasonally, it’s like July 13 in the Northern Hemisphere. Hotter temperatures seem likely.

WSJ: Kazakhstan upheaval jeopardizes US investments: https://www.wsj.com/articles/huge-u-s-investments-at-risk-in-kazakhstan-unrest-11642070688 .