246 Comments

The judge wasn’t ruling on the efficacy of masks. She was ruling on the legal authority of the government to impose this mandate. Jha evidently doesn’t understand the difference.

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“Mizelle did not make a public health decision; she made a legal decision, based on her understanding of the relevant statute.”

https://reason.com/2022/04/20/the-doj-is-reluctant-to-continue-defending-the-cdcs-mask-mandate-because-it-worries-it-will-lose-again/

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The fact that every Covidian is dodging that point says all we need to know.

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They are a band of charlatans and frauds. At least the original Sophists were clever. This crop is transparent. Their illogic is obvious and easy to expose. Socrates would not even have deigned to refute them. No challenge.

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To paraphrase Boswell's argument against Berkeley's idealistic monism, "I refute them thus."

*kicks leftists in the skull*

Plato was reputed to refute especially terrible arguments by literally just flexing. That also seems about the right level of discourse.

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As a Martial Artist, I approve this manner of refutation.

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Apr 20, 2022
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I think I do indeed.

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Exactly. The CDC was attempting to use power delegated to it by Congress regarding sanitation measures to mandate masks on public transport. The judge rightly decided the CDC did not have this power under that statute. The CDC can't just mandate things but must have been granted power from Congress to do so. Amazing how many brain-dead covidians don't understand basic civics.

The airlines were free to continue requiring masks if they so desired, and passengers and crew are free to continue to wear them. The fact that the airlines immediately lifted the mandates, and 80+% are not wearing masks (based on anecdotal reports from people flying today), shows how unpopular it was.

Also, there was nothing to stop Congress from giving the CDC this explicit power, or to mandate masks directly. The Dems have controlled the executive and both houses of Congress for 15 months, but they didn't even try and push it through. They knew it would be politically unpopular so they let the CDC use an end run. Finally a judge with some courage said enough was enough.

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Reading through the decision, the CDC lacked authority to simply mandate masks without going through the proper process for making regulations. The key point was how they did what they did. Congress could of course make a clear statute, but as it stands should the administration choose to follow the legal process they could try again. To stand, the CDC would issue a Notice of Proposed Rule Making (NPRM), open a public comment period (at least 30 days) and reply to comments. We could all comment that there is a lack of background in the record to justify the rule (the judge actually mentions this possibility!). The agency would then have to respond. That could have been done anytime. One of the points the judge makes is that the agency has had more than a year to ponder the need before issuing the mandate and over a year to justify it and hasn't, suggesting no real urgency. Again tho mostly that speaks to the bypassing of the process and not the validity of the order's content.

The decision does casts doubt on how the CDC justified the edict as well as failing to justify bypassing the notice and comment requirements. Mostly though that is about the arguments used post-facto by the government lawyers, who argued the definition of the words "sanitation" and "quarantine" in ways no rational person would accept.

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Now that the DOJ has appealed, we shall see what happens. I think we might accept that the CDC might need to act and impose restrictions in an emergency. By appealing, the DOJ may get a ruling that really restricts the CDC in a real emergency. It was better to allow the current CDC restriction to end rather than force a decision on the CDC's authority in an emergency. OTOH, we may finally get an answer to how long an emergency restriction can be retained without following the typical rules.

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Nope. The cdc is not elected and NEVER has the right to make laws in any ‘emergency.’ If you didn’t learn that in the last two years, you never will.

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Don't come jumping on me. I noted the CDC's authority must come from law passed by Congress. The judge noted they had overstepped the law used by the CDC to justify the restriction, quite rightly.

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Two week "emergency" ONLY. Anything longer requires full and open legislative action.

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Oh sure, two weeks is written where? The various legislators need to place a imitation in law, as I noted.

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Good analysis.

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"They knew it would be politically unpopular" - We are often required to accept bad tasting stuff, but somebody would have to demonstrate mask efficiency which they can't do. Dr. Prasad has noted the CDC could have run RCTs given their funding, they didn't and we likely know why.

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It's true the judge made no judgment on the public health policy, her decision is based on how the mandate was created and executed. As far as "understanding" she goes to great lengths to be clear she is making no new precedent nor interpretation of the relevant statutes.

The reporting (from both sides) on this is either ignorant or fraudulent (either they didn't read the decision or they're lying about it).

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How is the reporting from the Right ignorant or fraudulent? Who on the Right is saying that the judge's decision is a repudiation of the masks themselves?

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15 days to determine what?? If a new aerosolized virus variant is more of a threat than the previous ones that masks don't stop? Oh the madness.

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Ah, but give them 15 days ...

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No problem. Start the clock January 20th 2021.

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Leftists strategically misunderstand such distinctions when it serves the Great Narrative, and insist on such distinctions being acknowledged when it serves the Great Narrative.

Or they're just midwits educated beyond their ability, I'm good with either interpretation.

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To be fair it's a distinction that seems to have bypassed three SCOTUS judges in NFIB vs DOL as well.

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No surprise

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I'm awfully glad he is not my doctor, as I don't think he'd make me jhawohl.

It would be interesting to know whether he thinks the CDC is the Oracle, or whether he's read all those papers on the efficacy of masks that the rest of us have somehow missed.

Of course, with credentials like MPH, he must presumably be a speed-reader.

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‘Jha evidently doesn’t understand the difference.’

That’s a given whenever we are dealing with The Science™️ and it’s acolytes.

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As seems many people do not understand Judge Mizelle’s ruling! Only the Woke and Confused are crying about the lifting of the illegal mask mandate on airplanes (and hopefully that translates to public transportation)! Let them keep wearing their masks, virtual signaling to all what morons they are!

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I'm so glad he let us all know that he will mask up on planes, we almost had a second to forget his extreme level of virtuousness.

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Unfortunately for him, he will only be extremely virtuous for two more weeks.

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Doesn’t tooting you own honk fly in face of virtue?

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Nah, if you virtue signal it doesn’t count… 😝

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Goodness, no! If you don't tell people how virtuous you are, then how will they know to be properly cowed by their own unvirtuousness while being simultaneously impressed by your own?

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Are you hinting at an prime example of Orwellian 'doublethink' lass?

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Yes and of course not.

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I guess the decades of studies providing evidence that masks have no effect on the transmission of a respiratory virus aren't "data-driven"?

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Not when there's a falsified study that disagrees with the many others, proving no effect.

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Who are we to criticize him? He is an MD with an MPH. Not only that, he has a stethoscope! It's in his photo. Are people blind?

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Does the MPH after MD mean he is really fast at dispensing medicine?

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MPH: More Pharmaceuticals Help. No Questions Allowed!

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Obviously I've not found the right ones yet!

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I’m dying 😂

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😂🤣😂🤣 Good one! I love it!

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Haha!

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I have a stethoscope.

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So do I! I don't have a pic of me with it , however. Alas, I'm not as virtuous as Jah. So sad.

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😔 --- I use mine to check the dogs heart when he doesn't feel well. He has a heart murmur.

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I used mine to check my son's heart- he had Super Ventricular Tachycardia.

My puppy girl (14+ yrs) is laying at my elbow currently. She has my heart in her paws.

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A stethoscope not adorned around one's neck in a social media profile pic . . .well, that's like not having a stethoscope at all.

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HILARIOUS!!!!!

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Like

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Why the mask lovers gotta announce tho? Look at me look at me! There is never ever enough attention for these people.

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I look at them alright…w/ contempt

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Maskholes.

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I am so using this beautiful definition!

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Point and laugh. Seriously. People hate being laughed at. Next time you see one of these dopes wearing a mask when even dumb authority isn't telling them to, just point and give a deserved chuckle.

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They pointed & harassed us all this time. For the past 2+ years I have said to myself, “f’ing moron” to every one of them in a car or the open air. But honestly if they want to keep doing the virtual-signal-kabuki-theater, have @ it. It just proves what a dope you are

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Doing a double take and laughing is childish, but after two years of mask nonsense it definitely makes me feel better.

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So you are admitting that mask wearing has a benefit :-).

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I only hate being laughed at in the bedroom or the locker room.

Otherwise if I can make people laugh I consider that a positive contribution to society.

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Most people are too insecure. That's part of why they went along with risible BS.

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Add a tiny bit of pity and lot of disgust to that for me.

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My "This mask is USELESS" embroidered mask has been most helpful in this regard. Mostly smiling eyes, but some of wide-eyed disbelief and disgust. I am almost sad I won't be using it anymore.

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I wrote BS on my paper mask in big black sharpie. Wore it when I couldn’t get away maskless. Few noticed but I did my part.

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Love it! And I'm sure some people are offended. I got a hat that says "Make Orwell Fiction Again". I got it because I thought it was funny. First time I wore it someone 'bout had a stroke when she pointed and shrieked "you are on of THOSE Trumpers!". Honestly I'd not connected any political affiliation with the hat. I figured it'd make others smile too. But heck, if it offends someone who clearly needs something at which to express offense I consider that a bonus public service!

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I had that one too, as well as “this mask is as useless as my governor” (hated calling her MY governor!)

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Had that one for our EX goober in VA. I love saying EX goobernor of Va...

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Was it ever determined if he was blackface or KKK in the yearbook? That guy WAS a dope. I think the governor of NM (where I live) has him beat though: she’s having Knee Pads Harris officiate her wedding in DC soon.

Obviously big political ambitions, so she picks the loser even most DumocRATS hate, to officiate her wedding. Brilliant move. If Republicans in this state have any sense, they’ll get a photo from the wedding w/ caption “With friends like these, NM doesn’t need enemies!”

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Make up some of those and ship 'em to California - we can sell millions!

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You can (or could) get them on Amazon!

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I wear my mask as a fashion statement. People say I look better with my face covered :-).

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You do you w/ your mask theater we’ve all had to endure the past 2+ years & leave the rest of us the hell alone

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Amen. But that's the real point, isn't it? We create a public health crisis to justify not leaving you well enough alone.

Already the inevitable panic inducing hyperbole has begun: the mean lady judge is causing children to die by striking down the well mentioned mask mandate. Not making that up, hears such an assertion on the radio yesterday and in an on-line "news" feed this morning.

The right to be left alone has been eradicated. It's for the greater good!

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Illusionary no such thing as the greater good. Another way to eradicate the path to enlightenment.

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No such thing? But of course there must be as it is the justification for EVERYTHING that can't be justified rationally! It exists I say, and it is carried by unicorns! And Santa, and the Easter bunny, too!

Now are you going to tell me THOSE things aren't real, too? Whaaaaa!

But seriously kids...

There is nothing more dangerous than "the greater good". If we learned nothing from the 20th century we should try to keep that lesson.

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Amen!!

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The word "disappointing " is a codeword for "I know what's best for you and I can't believe the state doesn't enforce this on you and your kind". Being talked down to by an arrogant educated prick who thinks they are superior in morality and intellect and can therefore dictate how I live my life is really getting tiresome for me.

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Did you say little prick?

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That choice of word bothered me, but also quite revealing.

The judge said "follow the law". That's what disappoints the administration.

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Awesome, we are now living in a Seinfeld episode. Just substitute "5, 10 minutes" from the Chinese restaurant for "15 days" from the CDC.

gato, are you sure that isn't a parody account?

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It's like how we were eternally six months away from winning in Iraq.

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I actually use the "5, 10 minutes" all the time with my wife when she gets to the honey-do list. Works like a charm. Turns out the war masterminds are really marriage counselors. Who knew.

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Give them an inch, they'll take a mile. But give them two weeks, and they'll take forever.

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Cartwright? Cartwright?

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Yeah, yeah. I tell her you not here, she said curse word, I hang up.

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The great James Hong. Has over 650 TV and movie credits according to wiki, still kicking at 93.

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CDC and “ data driven” are parallel lines.

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Isn't that the truth. Remember when they pointed to the Kansas mask study?

https://simulationcommander.substack.com/p/et-tu-snohomish?s=w

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CDC scientists?

Sorry I'm not on that team.

That team plays dirty and cheats WAY too much.

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Oxymoron CDC and scientist.

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Ashish can mask up all he wants. Just leave me the hell alone.

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With this ridiculous outrage, one might think the judge actually demanded that the oxygen masks on planes be removed.

If you want and wear a mask and you believe in “the science” of masking, strap it on cowboy and STFU!

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Be sure and handcuff yourself while you’re at it.

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Here's the more than fifteen days of study the CDC spent using science to discover that masks have no effect on the transmission of a respiratory virus:

https://wwwnc.cdc.gov/eid/article/26/5/19-0994_article

"In our systematic review, we identified 10 RCTs that reported estimates of the effectiveness of face masks in reducing laboratory-confirmed influenza virus infections in the community from literature published during 1946–July 27, 2018. In pooled analysis, we found no significant reduction in influenza transmission with the use of face masks (RR 0.78, 95% CI 0.51–1.20; I2 = 30%, p = 0.25) (Figure 2).

Disposable medical masks (also known as surgical masks) are loose-fitting devices that were designed to be worn by medical personnel to protect accidental contamination of patient wounds, and to protect the wearer against splashes or sprays of bodily fluids (36). There is limited evidence for their effectiveness in preventing influenza virus transmission either when worn by the infected person for source control or when worn by uninfected persons to reduce exposure. Our systematic review found no significant effect of face masks on transmission of laboratory-confirmed influenza.”

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This was interesting too: "Proper use of face masks is essential because improper use might increase the risk for transmission (39)."

Numbers seem to confirm this.

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Remember that Ashish was the rube who admitted in the NYT that he was terrified to meet a friend at an outdoor cafe unmasked last Fall. Amazing to see the Federal Gov hire two of RI's worst - Gina and now Jha. Worst state in the country for biz friendliness and infrastructure, but let's hire the former Gov for commerce sec. Jha has been a bed-wetting narrative pushing disaster for the last two years and an advisor to a state w one of the worst death tolls (nursing homes helped). But let's hire him too.

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Yep. He was interviewed on NPR Boston on 1/19/22 when restaurants, etc still had vaccine mandates. The host admitted she had a "breakthrough" case after her booster and asked Jha if it thus mattered if the person sitting next to her in a restaurant is vaccinated. My jaw dropped at his response: "I'm very supportive of vaccine mandates...Yes, vaccinated boosted people can get infected. The truth is, vaccinated people spread it a lot less....AND I don't WANT to sit next to a UNvaccinated person if I can avoid it"....etc. The propaganda in this one 12 minute interview....wow!

He has since been elevated to his current White House position.

https://www.wbur.org/radioboston/2022/01/19/january-19-2022-rb

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The guy's a moron and should be ignored out of existence.

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They are so deluded. Their precious vaccines are the problem, not the solution. We would have been done with this nightmare had it not been for these awful vaccines.

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Indeed. Here's the rub: these are not vaccines. They are novel injectable drugs. Oh wait, that's right...they changed the definition of "vaccine" in 2021 to accommodate these experimental drugs. Oh OK, got it! Wait, but they don't prevent infection or transmission, right? Isn't that what vaccines do?

Nope, a vaccine is NOW something that merely stimulates your immune system! Oh!!! Thank you for that clarification. So despite that, I might lose my job in healthcare if I don't submit to such non-sterilizing injections, right? That's right!

AND...The good doctor Jha says boostered folks can get infected but they spread it much less! Oh OK, got it but gheesh Ashish! Where's the proof?

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The Dems will hire anyone who will hurt the sane among us, cater to the insane, and help drive America into an inescapable pit.

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Aren't those all qualifying factors for the job?

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I need not add anything to this commentary but I will do. Ashish K is full of what my grandma used to call “horsh”.

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hahahahaha. love your Grandma!

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If the decision was data-driven, there never would have been masks anywhere at all.

But the decisions were always about politics.

The masks will come off in airplanes, and the result will be the same as when the masks came off in schools or anywhere else -- nothing.

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Actually I expect a measurable result. Respiratory infections, which have skyrocketed in the "mask era" will drop significantly. Denied by the media and mask alarmists is that the mask provides a near ideal environment for bacteria to flourish and assures you'll inhale those bugs.

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