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
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
From the Brownstone Institute
We all have a different starting place and journey but each of us has the following in common. We’ve realized that official sources, the ones we’ve trusted in the past, are not going to make any sense of the above for us. We have to seek out alternatives and put the story together ourselves. And this we must do because the only other choice is to accept that all of the above consists of a random series of disconnected and pointless events, which is surely not true.
The last few years can be tracked at two levels: the physical reality around us and the realm of the intellectual, mental, and psychological.
The first level has presented a chaotic narrative of the previously unthinkable. A killer virus that turned out to be what many people said it was in February 2020: a bad flu with a known demographic risk best treated with known therapeutics. But that template and the ensuing campaign of fear and emergency rule gave rise to astonishing changes in our lives.
Social functioning was wholly upended as schools, businesses, churches, and travel were ended by force. The entire population of the world was told to mask up, despite vast evidence that doing so achieved nothing in terms of stopping a respiratory virus.
That was followed by a breathtaking propaganda campaign for a shot that failed to live up to its promise. The cure for the disease itself caused tremendous damage to health including death, a subject about which everyone cared intensely before the shot and then strangely forgot about after.
Protests against the goings-on were met with media smears, shutdowns, and even the cancellation of bank accounts. However, and simultaneously, other forms of protest were encouraged, insofar as they were motivated by a more proper political agenda against structural injustices in the old system of law and order. That was a strange confluence of events, to say the least.
In the midst of this, which was wild enough, came new forms of surveillance, censorship, corporate consolidation, an explosion of government spending and power, rampant and global inflation, and hot wars from long-running border conflicts in two crucial regions.
The old Declarations of rules on the Internet put free speech as a first principle. Today, the hosting website of the most famous one, signed by Amnesty International and the ACLU, is gone, almost as if it never existed. In 2022, it came to be replaced by a White House Declaration on the Future of the Internet, that extols stakeholder control as the central principle.
All the while, once-trusted sources of information – media, academia, think tanks – have steadfastly refused to report and respond in truthful ways, leading to a further loss of public trust not just in government and politics but also in everything else, including corporate tech and all the higher order sectors of the culture.
Also part of this has been a political crisis in many nations, including the use of sketchy election strategies justified by epidemiologic emergency: the only safe way to vote (said the CDC) is absentee via the mails. Here we find one of many overlapping parallels to a scenario hardly ever imagined: infectious disease deployed as a cover for political manipulation.
Crucially and ominously, all of these mind-blowing developments took place in roughly similar ways the world over, and with the same language and model. Everywhere people were told “We are all in this together,” and that social distancing, masking, and vaxxing was the correct way out. Media was also censored everywhere, while anti-lockdown protestors (or even those who simply wanted to worship together in peace) were treated not as dissidents to be tolerated but irresponsible spreaders of disease.
Can we really pretend that all of this is normal, much less justified? The exhortation we receive daily is that we can and must.
Really? At what point did you realize that you had to start thinking for yourself?
We all have a different starting place and journey but each of us has the following in common. We’ve realized that official sources, the ones we’ve trusted in the past, are not going to make any sense of the above for us. We have to seek out alternatives and put the story together ourselves. And this we must do because the only other choice is to accept that all of the above consists of a random series of disconnected and pointless events, which is surely not true.
That leads to the second layer of comprehension; the intellectual, mental, and psychological. Here is where we find the real drama and incalculable difficulties.
At the dawn of lockdowns, what appeared to be a primitive public health error seemed to be taking place. It seemed like some scientists at the top, who gained an implausible amount of influence over government policy, had forgotten about natural immunity and were under the impression that it was good for health to stay home, be personally isolated, avoid exercise, and eat only takeout food. Surely such preposterous advice would be revealed soon as the nonsense it was.
How in the world could they be so stupid? How did they gain so much influence, not just nationally but all over the world? Did the whole of humanity suddenly forget about all known science in every field from virology to economics to psychology?
As time went on, more and more anomalies appeared that made that judgment seem naïve. As it turns out, what was actually taking place had something to do with a move on the part of security and intelligence services. It was they who were given rule-making authority on March 13, 2020, and that’s why so much of what we needed to know was and is considered classified.
There were early initial reports that the virus itself might have been leaked from a US-backed lab in Wuhan, which introduces the entire subject of the US bioweapons program. This is a very deep rabbit hole itself, thoroughly exposed in Robert F. Kennedy, Jr.’s The Wuhan Cover-Up. There was a reason that topic was censored: it was all true. And as it turns out, the vaccine itself was able to bypass the normal approval process by slipping through under the cover of emergency. In effect, it came pre-approved by the military.
As the evidence continues to roll in, more and more rabbit holes appear, thousands of them. Each has a name: Pharma, CCP, WHO, Big Tech, Big Media, CBDCs, WEF, Deep State, Great Reset, Censorship, FTX, CISA, EVs, Climate Change, DEI, BlackRock, and many more besides. Each of these subject areas has threads or thousands of them, each connecting to more and to each other. At this point, it is simply not possible for a single person to follow it all.
To those of us who have been steeped in following the revelations day by day, and trying to keep up with putting them together into a coherent model of what happened to us, and what is still going on, the ominous reality is that the traditional understanding of rights, liberties, law, business, media, and science were dramatically overthrown in the course of just a few months and years.
Nothing operates today as it did in 2019. It’s not just that functioning broke. It was broken and then replaced. And the surreptitious coup d’état with no shots fired is still ongoing, even if that is not the headline.
Of this fact, many of us today are certain. But how common is this knowledge? Is it a vague intuition held by many members of the public or is it known in more detail? There are no reliable polls. We are left to guess. If any of us in 2019 believed we had our finger on the pulse of the national mood or public opinion generally, we certainly do not anymore.
Nor do we have access to the inner workings of government at the highest levels, much less the conversations going on among the winners of our age, the well-connected ruling elites who seemed to have gamed the entire system for their own benefit.
It’s so much easier to regard the whole thing as a giant confusion or accident on grounds that only cranks and crazies believe in conspiracy theories. The trouble with that outlook is that it posits something even more implausible; that something this gigantic, far-reaching, and dramatic could have happened with no real intentionality or purpose or that it all fell together as a huge accident.
Brownstone Institute has published more than 2,000 articles and 10 books exploring all over the above topics. Other venues and friends are out there helping us with this research and discovery, issue by issue. Even so, a great deal of responsibility falls on this one institution, the main work of which is providing support for dissident and displaced voices, which is implausible since it was only founded three years ago. We are deeply grateful for our supporters and would welcome you to join them.
As for the intellectuals we once revered for their curiosity and wisdom, most seem to have gone into hiding, either unable to adapt to the new realities or just unwilling to risk their careers by exploring hard topics. It’s understandable but still tragic. Most are happy to pretend like nothing happened or celebrate the change as nothing but progress. As for journalists, the New York Times publishes daily commentaries dismissing the Constitution as a dated anachronism that has to go and no one thinks much about it.
There is a lot to sort out. So much has changed so quickly. No sooner than the dust seems to be settling from one upheaval, there is another and then another. Keeping up with it all causes a level of psychological brain scramble on a scale we’ve never previously experienced.
It’s easier to wait for the historians to tell the next generation what happened. But maybe, just maybe, by stepping up and telling the story as we see it in real time, we can make a difference in stopping this madness and restoring some sane and normal freedom back to the world.
Author
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