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Natural Immunity Denialism Responsible for Needless COVID-19 Discrimination, Job Losses

By: Philip Hamburger February 17, 2022
In the News
In a superb opinion piece in The Hill on Feb. 3, Drs. Jeffrey Klausner and Noah Kojima lauded the Centers for Disease Control and Prevention for finally recognizing that naturally acquired immunity to COVID-19 is superior to that induced through vaccination. That was the undeniable conclusion of a study conducted in California and New York. …
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Intolerant Lawyers Shouldn’t Be Judges

By: Philip Hamburger February 9, 2022
In the News
What should be done about law-school deans and others in legal institutions who censor, cancel, blacklist, refuse to hire, fire, “investigate” and otherwise threaten others for their opinions? A partial answer lies in reminding them that their misconduct may disqualify them from ever sitting on the bench. At one point or another, most lawyers dream…
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The Federal Contractor Vaccine Mandate Is Unlawful, Too

By: Philip Hamburger January 19, 2022
In the News
Any statute in a storm appears to be the Biden administration’s approach to imposing a vaccine mandate. The Procurement Act of 1949 was created “to provide the Federal Government with an economical and efficient system for” procurement. Like the OSHA statute that the U.S. Supreme Court just held does not authorize a nationwide vaccine-or-test mandate,…
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Mandates Are About Political Control, Not Health

By: Philip Hamburger January 18, 2022
In the News
For two years, the political class’s ineptitude has been on full display. School shutdowns, business closures, and endless mask mandates have all proven relatively ineffective at stemming the spread of COVID-19 (never mind reducing hospitalizations and deaths), yet politicians continued instituting these harmful and useless measures in a desperate attempt to be perceived as doing…
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Before Judging Vaccines, the Court Should Judge Itself

By: Philip Hamburger January 12, 2022
In the News
The Biden administration has imposed COVID-19 vaccinations on all healthcare workers at Medicare and Medicaid participating facilities as a condition of federal funding. When this condition came before the Supreme Court last Friday in Biden v. Missouri, the justices aptly inquired whether it departed from the Constitution. But they should have also considered their own departures from the Constitution. They then…
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The NLRA Does Not Authorize Everyone on Twitter to Call the Labor Police

By: Kara Rollins January 8, 2022
When Vox Media employees walked out during a bargaining dispute in 2019, Twitter users tweeted along.[2] Among the commentators was Ben Domenech, the publisher of the web magazine The Federalist. He tweeted from his personal account, “FYI @fdrlst first one of you tries to unionize I swear I’ll send you back to the salt mine.”[3]…
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