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Amid today's Supreme Court ruling, new data suggests the Omicron variant makes vaccine

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mandates obsolete and unnecessary.

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One America's chief White House correspondent, Chanel Rion, has more from Washington.

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Phil Kirpin, president of American Commitment, thank you so much for joining us.

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My pleasure.

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You issued a very, very fascinating amicus brief before the Supreme Court this week.

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And your fundamental argument against vaccine mandates is that vaccine mandates, considering

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the science behind current vaccines, are irrelevant.

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The point of our brief was to inform the court on how much the factual situation has changed

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with the Omicron variant taking over.

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And it's totally dominant now.

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The CDC data has it up over 95 percent of all new cases being Omicron.

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And we know two things about it that I think make the mandates a complete nonstarter.

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And that's the argument, those are the arguments we make in this brief.

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The first is that it is much, much milder than previous variants.

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It's about an order of magnitude more mild.

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And you know, remember, we were always saying COVID is about 10 times worse than the flu,

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10 times more dangerous.

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Well, if Omicron is 10 times less dangerous than the previous variants, it's right in

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the same range with what we're used to.

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Normal respiratory risk is not a grave danger.

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Which is a key point that you make in this argument, that with the ocean mandates, the

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argument is this is for the safety of all society, because COVID-19 is so transmissible,

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we need to protect the workspace.

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But you're saying that because the transmissibility of this virus has changed with the variant.

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You can no longer say with Omicron and the data we have now from all countries all over

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the world, that it reduces your risk of getting the virus and transmitting it to others.

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In fact, it seems to have no effect on that at all.

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And in some studies, it seems to actually have a reverse effect.

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People who are vaccinated seem more likely to get the virus than people that are unvaccinated.

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Kirpin bases this statement off two major studies out of Denmark and Canada.

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The Danish study found that vaccinated were more likely than the unvaccinated to catch

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Omicron after three months.

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An Ontario study also found vaccines had a negative efficacy against the Omicron strain

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after just 60 days.

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Kirpin says another stunning study from Germany further renders Biden's OSHA vaccine mandate

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irrelevant.

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A German study found nearly 80% of positive Omicron cases were in those who were vaccinated.

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Further suggesting the vaccines don't prevent transmission of Omicron, the now dominant

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strain of COVID.

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I think some of the Supreme Court justices are suffering from severe misinformation and

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it likely came from mainstream media sources.

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When Sotomayor says, for instance, that Omicron is deadlier than Delta, that is literally

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misinformation.

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There is no piece of data you could point to from anywhere in the world to support that

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claim.

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Some of the other things she said, about 100,000 children in the hospital when it's between

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three and four thousand and probably more than half of them are just there for some

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other reason.

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And so she's just wildly disconnected from the hard data, the actual facts that are tracked

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by HHS and CDC.

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Grounding the amicus brief are two epidemiologists, one from Brown University and one from Stanford.

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Is there anything that you wish you would have added at this point?

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I think the biggest mistake we made was probably not filing a version of the brief in the CMS

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health worker case, which was a separate case they heard on the same day.

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Because I actually think it has even more relevance there, because the whole argument

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there is, you know, in a healthcare setting you don't want someone who could potentially

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infect someone else.

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But if the vaccine doesn't reduce that risk, it undercuts the whole logic of that one.

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And again, that takes us back to the central tenet of your argument, going against the

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OSHA mandate, arguing that this is now a personal mandate.

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This is not a public safety mandate.

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This is the same thing as if the government were doing exactly what they said in the Obamacare

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case they couldn't do, which is require you to eat broccoli for your health, or order

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you to exercise, order you to lose weight.

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There are lots of things the government, in theory, could do that could force you to do

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that would improve your own health, but we've ruled those out of bounds beyond the government's

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power to do.

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You have a liberty interest in making those decisions for yourself, even if you're not

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always making the healthiest decisions.

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And I think that once we reach the point kind of where we are with what these vaccines actually

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accomplish with Omicron, that you really can't make a good argument for a social benefit.

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The benefit really is personal.

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You can't justify a government mandate without opening the door to total health dictatorship.

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Phil Kirpin from American Commitment, thank you so much.

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My pleasure.

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