Op/Ed: A Constitutional Cure for Covid-19

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Category: Op/Ed, Legal Commentary

Published on Wednesday, 08 December 2021 20:22

Written by Marilyn M. Singleton, MD, JD,

Covid, Covid, Covid, Covid. Variant, variant, variant, variant. Trust me, I'm the government's highest paid employee, and "I represent science." Show your papers, wear a mask, take a shot, or lose your job. It's the law.

And the beat goes on for an infection where 99.95 percent of infected persons under age 70 years recover. It's becoming clear that Covid-19 is not merely a disease but an excuse to concentrate power in the government.

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It's time for the political histrionics to stop. Multiple studies have shown that the consequences far outweigh any potential (and illusory) benefits of masks, lockdowns, and school closures. The Centers for Disease Control and Prevention (CDC) Director admitted that the current Covid-19 mRNA vaccines, while helpful in reducing deaths and hospitalizations, do not stop transmission of the virus. "Breakthrough" cases in vaccinated persons are on the rise.

Moreover, the current vaccines likely are not effective for the new, likely less lethal Omicron variant. Public health experts opine that the SARS-CoV-2 virus (that causes Covid-19) and its multiple variants are becoming endemic. That means SARS-CoV-2 and its infinite number of variants will not be eliminated, but become a manageable part of the human-viral ecosystem.

Sadly, our government is not responding in accordance with the scientific facts. Instead, federal and some local governments are mandating more vaccines, culminating in proof of vaccination to engage in society and continue living as a normal human being. This is not science. This is nascent totalitarianism.

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Two lines from the 1990 Cold War era spy film, The Hunt for Red October foreshadowed our government's warp speed trajectory to authoritarianism. "Privacy is not of major concern in the Soviet Union, comrade. It's often contrary to the collective good." And a White House official casually boasted, "I'm a politician that means I'm a cheat and a liar."

It didn't take long for President Biden to tell the big lie. As president-elect, Mr. Biden said there would be no vaccine mandates. Speaker of the House Nancy Pelosi (the third in line for the presidency) brilliantly illustrated the intersection of lying and privacy. As late as August 2021, Speaker Pelosi said, "We cannot require someone to be vaccinated. That's just not what we can do. It is a matter of privacy to know who is or who isn't."

Without skipping a beat, the executive branch issued three separate vaccine mandates: all federal contractors (including remote workers), an Occupational Health & Safety Administration (OSHA) requirement for businesses with more than 100 employees, and a Centers for Medicare and Medicaid Services (CMS) requirement for employees, volunteers and third-party contractors of health care providers certified by CMS.

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The judicial branch is fighting back against the President's attempt to jettison the Constitution's separation of powers clauses, a large chunk of the Bill of Rights, and Supreme Court precedents on bodily autonomy with these mandates. On November 9th, the Fifth Circuit Court of Appeals put the OSHA mandate on hold. The Court reasoned that the mandate "threatens to substantially burden the liberty interests of reluctant individual recipients put to a choice between their job(s) and their jab(s)." And "the loss of constitutional freedoms 'for even minimal periods of time … unquestionably constitutes irreparable injury."

Citing the lack of congressional authorization and harm to access to medical care, on November 29th a Missouri federal district court placed a temporary halt on the CMS health care workers "boundary-pushing" mandate. The government planned to enforce the mandate by imposing monetary penalties, denial of payment and termination from the Medicare and Medicaid program. The ruling covers providers in Kansas, Alaska, Arkansas, Iowa, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming.

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On November 30th, a Louisiana federal district court blocked the CMS mandate issuing a nationwide injunction in a lawsuit brought by 14 states (Arizona, Alabama, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah and West Virginia). "If the executive branch is allowed to usurp the power of the legislative branch to make laws, two of the three powers conferred by our Constitution would be in the same hands. … [C]ivil liberties face grave risks when governments proclaim indefinite states of emergency."

That same day, a Kentucky federal district court issued a hold on the federal government contractors mandate, citing lack of authority of the executive branch—"even for a good cause". The court reasoned that if a procurement statute could be used to mandate vaccination, it "could be used to enact virtually any measure at the president's whim under the guise of economy and efficiency." The ruling covers Kentucky, Ohio and Tennessee.

The mainstream media finally reported on the toxicity and poor results of Dr. Fauci's "standard of care" treatment, remdesivir. This prompted families to use the courts rather than watch their relatives needlessly die. Victories for patients are growing. A Chicago area judge recently ordered a hospital to "step aside" and allow a physician to administer ivermectin in an effort to save a dying patient. It worked.

People are tired of lies. When Google employees are signing a "manifesto" to fight the mandates, you know the seeds of revolt have sprouted.

Bio: Dr. Singleton is a board-certified anesthesiologist and Association of American Physicians and Surgeons (AAPS) Board member. She graduated from Stanford and earned her MD at UCSF Medical School.  Dr. Singleton completed two years of Surgery residency at UCSF, then her Anesthesia residency at Harvard's Beth Israel Hospital. While still working in the operating room, she attended UC Berkeley Law School, focusing on constitutional law and administrative law.  She interned at the National Health Law Project and practiced insurance and health law.  She teaches classes in the recognition of elder abuse and constitutional law for non-lawyers.