Brownstone Institute
Justice Neil Gorsuch Speaks Out Against Lockdowns and Mandates
In a statement made Thursday on a case concerning Title 42, Supreme Court Justice Neil Gorsuch breaks the painful silence on the topic of lockdowns and mandates, and presents the truth with startling clarity. Importantly, this statement from the Supreme Court comes as so many other agencies, intellectuals, and journalists are in flat-out denial of what happened to the country.
[T]he history of this case illustrates the disruption we have experienced over the last three years in how our laws are made and our freedoms observed.
Since March 2020, we may have experienced the greatest intrusions on civil liberties in the peacetime history of this country. Executive officials across the country issued emergency decrees on a breathtaking scale. Governors and local leaders imposed lockdown orders forcing people to remain in their homes.
They shuttered businesses and schools public and private. They closed churches even as they allowed casinos and other favored businesses to carry on. They threatened violators not just with civil penalties but with criminal sanctions too.
They surveilled church parking lots, recorded license plates, and issued notices warning that attendance at even outdoor services satisfying all state social-distancing and hygiene requirements could amount to criminal conduct. They divided cities and neighborhoods into color-coded zones, forced individuals to fight for their freedoms in court on emergency timetables, and then changed their color-coded schemes when defeat in court seemed imminent.
Federal executive officials entered the act too. Not just with emergency immigration decrees. They deployed a public-health agency to regulate landlord-tenant relations nationwide.They used a workplace-safety agency to issue a vaccination mandate for most working Americans.
They threatened to fire noncompliant employees, and warned that service members who refused to vaccinate might face dishonorable discharge and confinement. Along the way, it seems federal officials may have pressured social-media companies to suppress information about pandemic policies with which they disagreed.
While executive officials issued new emergency decrees at a furious pace, state legislatures and Congress—the bodies normally responsible for adopting our laws—too often fell silent. Courts bound to protect our liberties addressed a few—but hardly all—of the intrusions upon them. In some cases, like this one, courts even allowed themselves to be used to perpetuate emergency public-health decrees for collateral purposes, itself a form of emergency-lawmaking-by-litigation.
Doubtless, many lessons can be learned from this chapter in our history, and hopefully serious efforts will be made to study it. One lesson might be this: Fear and the desire for safety are powerful forces. They can lead to a clamor for action—almost any action—as long as someone does something to address a perceived threat.
A leader or an expert who claims he can fix everything, if only we do exactly as he says, can prove an irresistible force. We do not need to confront a bayonet, we need only a nudge, before we willingly abandon the nicety of requiring laws to be adopted by our legislative representatives and accept rule by decree. Along the way, we will accede to the loss of many cherished civil liberties—the right to worship freely, to debate public policy without censorship, to gather with friends and family, or simply to leave our homes.
We may even cheer on those who ask us to disregard our normal lawmaking processes and forfeit our personal freedoms. Of course, this is no new story. Even the ancients warned that democracies can degenerate toward autocracy in the face of fear.
But maybe we have learned another lesson too. The concentration of power in the hands of so few may be efficient and sometimes popular. But it does not tend toward sound government. However wise one person or his advisors may be, that is no substitute for the wisdom of the whole of the American people that can be tapped in the legislative process.
Decisions produced by those who indulge no criticism are rarely as good as those produced after robust and uncensored debate. Decisions announced on the fly are rarely as wise as those that come after careful deliberation. Decisions made by a few often yield unintended consequences that may be avoided when more are consulted. Autocracies have always suffered these defects. Maybe, hopefully, we have relearned these lessons too.
In the 1970s, Congress studied the use of emergency decrees. It observed that they can allow executive authorities to tap into extraordinary powers. Congress also observed that emergency decrees have a habit of long outliving the crises that generate them; some federal emergency proclamations, Congress noted, had remained in effect for years or decades after the emergency in question had passed.
At the same time, Congress recognized that quick unilateral executive action is sometimes necessary and permitted in our constitutional order. In an effort to balance these considerations and ensure a more normal operation of our laws and a firmer protection of our liberties, Congress adopted a number of new guardrails in the National Emergencies Act.
Despite that law, the number of declared emergencies has only grown in the ensuing years. And it is hard not to wonder whether, after nearly a half-century and in light of our Nation’s recent experience, another look is warranted. It is hard not to wonder, too, whether state legislatures might profitably reexamine the proper scope of emergency executive powers at the state level.
At the very least, one can hope that the Judiciary will not soon again allow itself to be part of the problem by permitting litigants to manipulate our docket to perpetuate a decree designed for one emergency to address another. Make no mistake—decisive executive action is sometimes necessary and appropriate. But if emergency decrees promise to solve some problems, they threaten to generate others. And rule by indefinite emergency edict risks leaving all of us with a shell of a democracy and civil liberties just as hollow.
Justice Neil Gorsuch’s opinion in Arizona v. Mayorkas marks the culmination of his three-year effort to oppose the Covid regime’s eradication of civil liberties, unequal application of law, and political favoritism. From the outset, Gorsuch remained vigilant as public officials used the pretext of Covid to augment their power and strip the citizenry of its rights in defiance of long standing constitutional principles.
While other justices (even some purported constitutionalists) absconded their responsibility to uphold the Bill of Rights, Gorsuch diligently defended the Constitution. This became most apparent in the Supreme Court’s cases involving religious liberty in the Covid era.
Beginning in May 2020, the Supreme Court heard cases challenging Covid restrictions on religious attendance across the country. The Court was divided along familiar political lines: the liberal bloc of Justices Ginsburg, Breyer, Sotomayor, and Kagan voted to uphold deprivations of liberty as a valid exercise of states’ police power; Justice Gorsuch led conservatives Alito, Kavanaugh, and Thomas in challenging the irrationality of the edicts; Chief Justice Roberts sided with the liberal bloc, justifying his decision by deferring to public health experts.
“Unelected judiciary lacks the background, competence, and expertise to assess public health and is not accountable to the people,” Roberts wrote in South Bay v. Newsom, the first Covid case to reach the Court.
And so the Court repeatedly upheld executive orders attacking religious liberty. In South Bay, the Court denied a California church’s request to block state restrictions on church attendance in a five to four decision. Roberts sided with the liberal bloc, urging deference to the public health apparatus as constitutional freedoms disappeared from American life.
In July 2020, the Court again split 5-4 and denied a church’s emergency motion for injunctive relief against Nevada’s Covid restrictions. Governor Steve Sisolak capped religious gatherings at 50 people, regardless of the precautions taken or the size of the establishment. The same order allowed for other groups, including casinos, to hold up to 500 people. The Court, with Chief Justice Roberts joining the liberal justices again, denied the motion in an unsigned motion without explanation.
Justice Gorsuch issued a one paragraph dissent that exposed the hypocrisy and irrationality of the Covid regime. “Under the Governor’s edict, a 10-screen ‘multiplex’ may host 500 moviegoers at any time. A casino, too, may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there,” he wrote. But the Governor’s lockdown order imposed a 50-worshiper limit for religious gatherings, no matter the buildings’ capacities.
“The First Amendment prohibits such obvious discrimination against the exercise of religion,” Gorsuch wrote. “But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.”
Gorsuch understood the threat to Americans’ liberties, but he was powerless with Chief Justice Roberts cowing to the interests of the public health bureaucracy. That changed when Justice Ginsburg died in September 2020.
The following month, Justice Barrett joined the Court and reversed the Court’s 5-4 split on religious freedom in the Covid era. The following month, the Court granted an emergency injunction to block Governor Cuomo’s executive order that limited attendance at religious services to 10 to 25 people.
Gorsuch was now in the majority, protecting Americans from the tyranny of unconstitutional edicts. In a concurring opinion in the New York case, he again compared restrictions on secular activities and religious gatherings; “according to the Governor, it may be unsafe to go to church, but it is always fine to pick up another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians… Who knew public health would so perfectly align with secular convenience?”
In February 2021, California religious organizations appealed for an emergency injunction against Governor Newsom’s Covid restriction. At the time, Newsom prohibited indoor worship in certain areas and banned singing. Chief Justice Roberts, joined by Kavanaugh and Barrett, upheld the ban on singing but overturned the capacity limits.
Gorsuch wrote a separate opinion, joined by Thomas and Alito, that continued his critique of the authoritarian and irrational deprivations of America’s liberty as Covid entered its second year. He wrote, “Government actors have been moving the goalposts on pandemic-related sacrifices for months, adopting new benchmarks that always seem to put restoration of liberty just around the corner.”
Like his opinions in New York and Nevada, he focused on the disparate treatment and political favoritism behind the edicts; “if Hollywood may host a studio audience or film a singing competition while not a single soul may enter California’s churches, synagogues, and mosques, something has gone seriously awry.”
Thursday’s opinion allowed Gorsuch to review the devastating loss of liberty Americans suffered over the 1,141 days it took to flatten the curve.
From the Brownstone Institute
For me, it’s not difficult to see what the world’s real rulers are trying to achieve. They’re trying to obtain more power and control for themselves. In fact, they’ve largely already achieved this goal. The terrifying thought is they are far from done.
We know they are not finished because their most conspicuous initiative at the moment is their quest to slay the petulances of “misinformation” and “disinformation.”
The correct definition of misinformation/disinformation is any speech that challenges what authority figures say is the truth.
The world’s real rulers don’t want their pronouncements challenged, as this would pose a grave risk to their continued rule and their ability to implement myriad programs that will effectively defeat, once and for all, human freedom.
As long as persuasive dissent doesn’t go viral, the Powers that Be know they will achieve their objectives, which are authoritarian world government much closer to the communist utopia envisioned by thinkers and tyrants like Marx, Mao, and Lenin.
But real communism is not the real goal either, as communism was supposed to make every person equal. The modern form of communism, not unlike all previous forms of communism, ensures the world’s elite organizations will remain ultra-powerful while the proletariat will beg for crumbs.
Who are the World’s Elite Organizations?
They are every important organization – those with great influence (and police-state powers) – including all governmental agencies and departments as well as international government organizations like the UN, WHO, and European Union.
They are also all the major “crony” corporations that benefit from close ties to government and non-governmental organizations.
Plus, foundations like the Bill & Melinda Gates Foundation, the Wellcome Trust, and the Rockefeller Foundation, which have more money than many nations and certainly more ideological commitment to deploy their resources to implement their agendas.
A simple method to define the establishment organizations would be to simply identify the world’s key authorized narratives and then ask yourself what organizations zealously support these initiatives (aka “The Current Thing”).
In the last four years, any organization that vociferously supported all the Covid protocols would be examples of “captured” organizations that enthusiastically supported the Current Thing.
But these same organizations also support all the other ascendant political movements, such as the fight against (allegedly) man-made Climate Change, numerous wars or “interventions” to advance “democracy,” central bank digital currency, and ever more mRNA “vaccines.”
Furthermore, it’s obvious these same organizations support initiatives designed to discredit long-accepted cultural norms in favor of more “progressive” thinking that normalizes gender reversal, race grievances, LGBT+ initiatives, or any reform that advances “diversity, inclusion, or equity.”
The promotion of policies that make mass illegal immigration much easier to achieve has also become a crucial program of our planet’s establishment rulers.
I believe the above summary provides an accurate assessment of the state of the world today.
I also note that it’s an undeniable truth that every program of these establishment organizations has made the world a darker place, with future developments planned by our leaders guaranteed to decrease the qualify of life for children or young adults who may live another 50 to 80 years.
For example, at the moment, unelected delegates who serve on the World Health Organization continue to deliberate in secret as they finalize a new health treaty and make changes to “international regulations” that will affect virtually every citizen on the planet in decades to come.
The salient point about the WHO is that this agency was provably and disastrously wrong on every policy and piece of guidance it issued involving the response to Covid-19.
Another way to identify the members of the Establishment ruling class is to simply identify those who were spectacularly wrong on every key issue of our times. These are the people and organizations who are seeking even more power and control.
Who Will Prevail in the End?
The good news is our side – those who still believe in human liberty – vastly outnumbers the group that is clearly aligned against us.
Above I listed many of the world’s captured organizations. These organizations are staffed by probably a couple hundred thousand key leaders who are committed to supporting the nefarious and freedom -eradicating components of “The Current Thing.”
As I’ll show below, the numbers who identify with “our side” surely exceed tens of millions of citizens.
The bad news is the the enemies of freedom – the worshippers of Big Brother – control all of the institutions and organizations in the world that actually matter.
Whoever sought to capture all of these organizations – from the CDC, the military, the Federal Reserve, the WEF, and the mainstream press – didn’t embark on these projects just to entertain themselves. They did this for a reason. This reason? They wanted to use these organizations to advance/achieve their goals.
To be more specific, they must have known that if they captured all of these organizations it would be almost impossible for any private citizens to stop their plans.
Our Side Actually has a Major Numeric Advantage
Still, the committed generals and staff officers who are seeking even more global control of the masses are…greatly outnumbered by people who are repulsed by their programs.
I’m currently working on a business idea that might supplement the dissident class of independent writers or “citizen journalists” found in the alternative media and on Substack.
In working on this project, I’m very interested in gauging the size of the market for content that resonates with the world’s population that still values freedom. This would be the group of citizens who is skeptical of the authorized narratives and values (genuine) “watchdog” journalism.
My estimate is there must be tens of millions of people who think like I do, people who would like to stop all the goals of the WEF, Davos, and WHO crowd.
The Tucker Carlson Metric
Perhaps the simplest way to estimate the size of this market is to examine the audience of one of the world’s best-known “contrarian journalists,” Tucker Carlson.
Before Carlson was fired by Fox News, his nightly news show routinely drew four million viewers per night, which made it the top-rated news program in North America. Over the course of a month, the show might have attracted 10 million viewers.
As we all know, Carlson was fired for producing content that was extremely popular with millions of adults. But Carlson didn’t disappear or stop producing “taboo” commentary and news segments, he simply moved to Twitter (now X) and kept doing the exact same thing.
Carlson’s interview with Vladimir Putin garnered more than 150 million views and his various streaming podcasts routinely double or triple the number of people he was reaching on Fox News.
Since Tucker covers many of the same “taboo” subjects I do, one can conservatively estimate that at least 10 million of Carlson’s regular viewers strongly oppose everything the world’s so-called leaders want to make a reality. And that’s just Carlson’s audience.
Substack has more than 35 million subscribers, probably 20 percent of whom are searching for content they know they won’t find in, say, the New York Times or CBS News. That would be a “market” of 7 million freedom-supporting citizens.
Tucker was recently the guest on Joe Rogan’s podcast show. Rogan probably has an audience just as large and loyal as Carlson. Indeed, in their wide-ranging and fascinating conversation, Rogan made the point that shows like his and Tucker’s should now be considered “mainstream”…because they reach far more viewers than, say, the newscasts of the big TV networks (which actually aren’t so big anymore).
As far as I can tell, all the “alternative media” outlets are growing rapidly while all the traditional news outlets are Dead Men Walking.
Again, this is an extremely encouraging sign for anyone who believes that skeptical and independent speech is important to help ensure a world where real freedom might continue to exist.
But I Haven’t Mentioned the Biggest Group of Citizens
While “our side” greatly outnumbers the figure of key employees occupying all the captured organizations, the real population group that matters is the immense group that is sitting out this existential battle for freedom.
The citizens who will probably determine the outcome of this battle are the people who have not discovered the Substack contrarians or who never watch Joe Rogan…or who think Tucker Carlson is a dangerous extremist who should have been fired by Fox (and should now be fired by Elon Musk and X). This group numbers in the billions.
(This would be the group that doesn’t want to think anymore about the Covid response or think about the possibility that scary-looking, worm-like clots might be in their veins and arteries right now.)
This group just wants to get through each day with adequate supplies of bread…and if they’re given a few mildly entertaining circuses to distract them from the challenges of their daily lives, that’s enough.
For this segment of the population, any big debate on “freedom” is either boring, not germane to their lives, or they love and appreciate Big Brother and are convinced he is protecting them.
What this means to you and me is that the denouement of this historic battle will be determined by a relatively small percentage of the world’s population.
On one side, we have the 200,000 or so leaders of thousands of important captured organizations. On the other side, we have 10 to 20 million citizens who’ve found each other in the alternative media. In the middle, we have a couple billion people who are oblivious to what’s really at stake.
Whatever way this massive middle group swings in the future, so goes the world.
One suspects the world’s real rulers know that their track record and planned agendas won’t stand up to close scrutiny. They know that their arguments are not as persuasive and could easily be debunked if our side’s arguments were to “go viral.”
To help keep this middle group indifferent or on their side, the Deep State concocted the concepts of disinformation and misinformation to smear or throttle the influence of those on our side.
The ever-growing Censorship Industrial Complex has performed its most important job with (disgusting) distinction. For now at least, the depressing truth is the masses don’t seem to care much about the issues that some of us think are tectonic.
This means recruiting the legions of people we need to recruit will be a strangely tough sale.
Our charge of persuading more of our neighbors to join our side has been made far more difficult by the false narrative that all of the important disinformation is coming from citizens like us, when, in fact, we don’t control any of the important information.
If and when the masses realize who’s been producing the real disinformation, freedom might pull an upset victory.
Republished from the author’s Substack
Author
From the Brownstone Institute
I’ve seen some crazy things over the last few years but this is off-the-charts insane.
Last week, Michael E. Mann spoke at the EcoHeath Alliance: Green Planet One Health Benefit 2024. Just to recap who each of these players are:
- Michael E. Mann is the creator of the “hockey stick graph” that has driven the global warming debate for the last 25 years.
- EcoHealth Alliance is the CIA cutout led by Peter Daszak that launders money from the NIH to the Wuhan Institute of Virology to create gain-of-function viruses (including SARS-CoV-2 which killed over 7 million people).
- “One Health” is the pretext the World Health Organization (WHO) is using to drive the Pandemic Treaty that will vastly expand the powers of the WHO and create economic incentives for every nation on earth to develop new gain-of-function viruses.
So a leader in the global warming movement spoke at an event to raise money for the organization that just murdered 7 million people and the campaign that intends to launch new pandemics in perpetuity to enrich the biowarfare industrial complex.
And then just for good measure, Peter Hotez reposted all of this information on Twitter, I imagine in solidarity with all of the exciting genociding going on.
Mann’s appearance at this event is emblematic of a disturbing shift that has been years in the making. Serious and thoughtful people in the environmental movement tried to address industrial and military pollution for decades. Now their cause has been co-opted by Big Tech and other corporate actors with malevolent intentions — and the rest of the environmental movement has gone along with this, apparently without objection. So we are witnessing a convergence between the global warming movement, the biowarfare industrial complex, and the WHO pandemic treaty grifters.
I wish it wasn’t true but here we are.
Before I go any further I need to make one thing clear: the notion that pandemics are driven by global warming is complete and total bullsh*t. The evidence is overwhelming that pandemics are created by the biowarfare industrial complex including the 13,000 psychopaths who work at over 400 US bioweapons labs (as described in great detail in The Wuhan Cover-Up).
Unfortunately “global warming” has become a cover for the proliferation of the biowarfare industrial economy.
Mann’s appearance at an event to raise money for people who are clearly guilty of genocide (and planning more carnage) made me realize that this really is World War III. They are straight-up telling us who they are and what they intend to do.
The different sides in this war are not nation-states. Instead, Team Tyranny is a bunch of different business interests pushing what has become a giant multi-trillion dollar grift. And Team Freedom is ordinary people throughout the world just trying to return to the classical economic and political liberalism that drove human progress from 1776 until 2020.
Here’s how I see the battle lines being drawn:
TEAM TYRANNY
Their base: Elites, billionaires, the ruling class, the biowarfare industrial complex, intelligence agencies, and bougie technocrats.
Institutions they control: WEF, WHO, UN, BMGF, World Bank, IMF, most universities, the mainstream media, and liberal governments throughout the developed world.
Economic philosophy: The billionaires should control all wealth on earth. The peasants should only be allowed to exist to serve the billionaires, grow food, and fix the machines when necessary. Robots and Artificial Intelligence will soon be able to replace most of the peasants.
Political philosophy: Centralized control of everything. Elites know best. The 90% should shut up, pay their taxes, take their vaccines, develop chronic disease, and die. High tech global totalitarianism is the best form of government. Billionaires are God.
Philosophy of medicine: Allopathic. Cut, poison, burn, kill. Corporations create all knowledge. Bodies are machines. Transhumanism is ideal. The billionaires will soon live forever in the digital cloud.
Their currency: For now, inflationary Federal Reserve policies. Soon, Central Bank Digital Currency (CBDC) that will put the peasants in their place once and for all.
Policy vehicles to advance their agenda: One Health; WHO Pandemic Treaty; social credit scores; climate scores; vaccine mandates/passports; lockdowns and quarantine camps; elimination of small farms and livestock; corporate control of all food, land, water, transportation, and the weather; corporate control of social movements; and 15-minute cities for the peasants.
Military strategy: Gain-of-function viruses, propaganda, and vaccines.
TEAM FREEDOM
Our base: The medical freedom movement, Constitutionalists, small “l” libertarians, independent farmers, natural meat and milk producers, pirate parties, natural healers, homeopaths, chiropractors, integrative and functional medicine doctors, and osteopaths.
Aligned institutions: CHD, ICAN, Brownstone Institute, NVIC, SFHF, the RFK, Jr. campaign, the Republican party at the county level…
Economic philosophy: Small “c” capitalism. Competition. Entrepreneurship.
Political philosophy: Classical liberalism. The people, using their own ingenuity, will generally figure out the best way to do things. Decentralize everything including the internet. If the elites would just leave us alone the world would be a much more peaceful, creative, and prosperous place. Human freedom leads to human flourishing.
Philosophy of medicine: Nature is infinite in its wisdom. Listen to the body. Systems have the ability to heal and regenerate.
Our currency: Cash, gold, crypto, and barter. (I don’t love crypto but lots of smart people in our movement do.)
Policy ideas: Exit the WHO. Boycott WEF companies. Repeal the Bayh-Dole Act, NCVIA Act, Patriot Act, and PREP Act. Add medical freedom to the Constitution. Prosecute the Faucistas at Nuremberg 2.0. Overhaul the NIH, FDA, CDC, EPA, USDA, FCC, DoD, and intelligence agencies. Make all publicly-funded scientific data available to the public. Ban insider trading by Congress. Support and protect organic food, farms, and farmers’ markets. Break up monopolies. Cut the size of the federal government in half (or more).
Our preferred tools to create change: Ideas, love for humanity, logic and reason, common sense, art and music, and popular uprising.
What would you add, subtract, or change in each of these lists?
Republished from the author’s Substack
Author
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