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In her ongoing legal challenge to Michigan State University’s COVID-19 vaccine tenure based on natural immunity, employee Jeanna Norris is counting on Anthony Fauci to make her point.
Chief Medical Advisor to President Biden, longtime director of the National Institute of Allergy and Infectious Diseases, makes an appearance in his September 15 case for Fauci’s difficulty in explaining why recovered individuals such as Norris need vaccines.
Appearing on CNN on September 9, Fauci admitted he didn’t have a “firm answer” to Chief Medical Correspondent Sanjay Gupta’s question about how he would convince naturally immune people to get vaccinated.
Gupta cited a recent Israeli study, not yet peer-reviewed, which found that natural immunity offered longer and better protection against the Delta variant of COVID compared to the two-dose BioNTech vaccine used in Israel. Fauci claimed the newspaper had not replied “how durable is [of recovery] compared to the durability of a vaccine? “
Fauci’s statements also provided fodder for the Republican National Committee. He released an announcement Thursday contrasting his earlier opposition to federal vaccine mandates – in a statement, calling them “unworkable and inappropriate” – with the Biden administration’s new mandates on federal workers and big business.
With former FDA commissioner Scott Gottlieb, Fauci “conceded that naturally acquired immunity should be part of any vaccine mandate policy,” Norris said in the response brief, which seeks a preliminary injunction against the policy. from MSU during a hearing on September 22.
Gottlieb said for at least two months that natural immunity has a role to play, but like Fauci, wonders how long it lasts and supports vaccination at all levels, regardless of COVID risk level.
“Just yesterday, the CDC seems to have embarked on a journey towards the recognition of the scientific fact of naturally acquired immunity,” said the brief. He cited a CDC Tweeter who told people who had COVID in the past three months not to get tested if they were exposed again, unless they had “new symptoms.”
“Blind addiction”
Norris has a tough climb in litigation, which seeks class action status, having failed to convince a court to issue a temporary restraining order against the policy last month.
U.S. District Judge Paul Maloney ruled she was unlikely to win, citing Supreme Court Justice Amy Coney Barrett’s refusal to block an Indiana University vaccine warrant and the 1905 Jacobson precedent which confirmed compulsory vaccination as a “valid exercise of police power”.
His lawyers at the New Civil Liberties Alliance (NCLA) are asking for his permission to file a response to MSU’s response almost twice as long as the court allows.
The nearly 8,100 words are needed to give Justice Maloney “the most comprehensive analysis of the legal and medical issues involved,” according to their “motion to exceed the word limit” accompanying the brief.
The tribunal is in “largely uncharted territory here, addressing unique issues of first impression” such as MSU’s authority to “assume police powers not granted by law … as well as complicated scientific questions.”
The Jacobson The precedent is inapplicable to MSU’s mandate, according to the brief, because in that case the Supreme Court considered a Massachusetts statute – the product of “legislative action” – with a single fine and “no ability to demonstrate the natural immunity ”.
While the university insists that immunization warrants are subject to the Supreme Court’s standard of review known as “rational basis,” the NCLA is arguing for “strict review.” Jacobson was decided before the High Court adopted its “levels of review” and was followed by “115 years of Supreme Court precedent recognizing and expanding constitutional rights to bodily integrity”.
The thesis accuses the university of “blindly relying on federal policy documents” published by the CDC and the Ministry of Education, whose lack of regulation of opinions and comments makes them non-binding and therefore non-reviewable by them. courts.
The CDC in particular has been “incompetent throughout the pandemic,” he said, pointing to a Wall Street Journal editorial by Johns Hopkins University professor of medicine Marty Makary, also editor of MedPage Today.
“Policymakers and public health officials, as well as the voices of the media that repeat them, inexplicably stick to their initial assumption that natural immunity is ephemeral, even though at least 15 studies show it. tough, ”Makary wrote, calling the Israeli study“ the most powerful and scientifically rigorous study on the subject to date. ”
The CDC’s reliance on a Kentucky study to show superior vaccine-induced immunity is also suspect, given the study only looked at data over a brief two-month window and the CDC had available data from all 50 states, according to Makary. “Was Kentucky the only state to have produced the desired result? He challenged.
MSU argues that its vaccine mandate is justified by “practical considerations” to avoid the alternative: close monitoring for all COVID infections and “periodic antibody tests” to determine when declining levels warrant vaccination.
Still, it should be done as part of the emerging science of lowering immunity to vaccination anyway, argues the brief, saying the university simply assumes that “immunity achieved through vaccines approved by the ‘WHO is long lasting while assuming – based on no science – that natural immunity evaporates quickly. “
MSU is also out of step with its peers and other institutions in examining the “immunological consequences of natural immunity,” the brief says, but does not name any.
NCLA spokesman Will Gale told Just the News they were referring to Kettering Health in Ohio and Spectrum Health in Michigan, which accept “a history of recovery from COVID and immunity acquired by antibodies’ instead of vaccines.
The same is true for the University of Chicago, but it is limited: students can get a 90-day exemption after positive tests and, in “limited circumstances”, can request a “modification” of the exemption. 90 days on a case-by-case basis.
The University of California system and the State of Louisiana have the same 90-day windows.
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