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Failure of Vaccines Against the Omnicron Variant

2022 Feb 2Vaccine Mandate Litigation

The existing Covid vaccines were developed against the now-extinct wild-type SARS-CoV-2 virus (“wild-type Covid”). See, Declaration of Dr. Peter A McCullough, found here: PDF. The vaccines became demonstrably less effective against the Delta variant of the virus, which peaked during September 2021 (99% of all cases); and even less effective against the Omicron variant, which peaked early January 2022 (95% of all current cases).

Regarding Omicron, BioNTech Ugur Sahin, stated in a December 11, 2021, interview with Le Monde (a French newspaper) that “the COVID-19 vaccine shots won’t be enough to combat the omicron variant…We must be aware that even triple-vaccinated are likely to transmit the disease.” Christian Holm Hansen and colleagues have also shown that the present vaccines have effectively no efficacy against Omicron. Numerous scientific studies in 2022 show the same thing—existing vaccines weren’t designed for Omicron and have little efficacy against this new Covid variant due to numerous amino acid mutations in Omicron that attach to cellular binding locations not anticipated by the vaccines.  In all, Omicron amino acid mutations attack at least 15 additional locations in the Receptor Binding Domain (RBD), as discussed in a recent article by McCallam et al, Structural basis of SARS-Co V-2 Omicron Immune Evasion and Receptor Engagement found here: PDF.

Current vaccination mandates in Los Angeles County and elsewhere did not—could not—account for the newly-emerged Omicron variant. Decisions made by government entities and employers must properly account for the current Covid variant—Omicron—and may not be based on stale scientific evidence that might have applied a year ago to wild-type Covid but does not apply to Omicron.

In the context of the diminished effectiveness of Covid Vaccines against the current Omicron variant and the greater effectiveness of alternate measures (screening, testing, and masking), constitutional privacy interests must prevail in any constitutional law balancing test.

As the US Supreme Court reminds in a per curiam order in Roman Catholic Diocese of Brooklyn v. Cuomo, “[E]ven in a pandemic, the Constitution cannot be put away and forgotten.”

About the Author

Kevin McBride 07 Blog

Kevin McBride is a Commercial Litigation Attorney located in the fascinating city of Los Angeles, California, USA.

He is admitted into three California US District Courts (Central, Southern, and Northern), the US District Court for the District of Utah, the Ninth Circuit Court of Appeals, and the Federal Circuit Court of Appeals. McBride holds a BA degree in Economics from the University of Utah and a JD from the University of Utah College of Law, where he served on the Utah Law Review. He is a member of the Federalist Society and the Federal Bar Association.

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