Australian politicians and media (for they are in agreement on all things) have engaged the Nudge Department to convince us to get vaccinated.
One of the pieces of rhetoric is a future where so-called vaccine passports will enable a bio-security state of Apartheid. “Get doubled jabbed and you can go to the pub, otherwise it’s drinking alone with home delivery beer for you people on the naughty step”.
It’s highly likely this will be challenged through the courts soon. What might the government defence be, do we think?
There’s possibly two lines of defence here:
Firstly, that the unvaccinated are risking others’ health by spreading the virus.
Secondly, that the unvaccinated are at too great a risk of the virus so must be excluded for their own health.
I can’t think of a third defence, but if you can, please add it in the comments.
Point two is the weaker reason, protecting people who are personally at risk of injury by a virus has no legal precedent, otherwise we would have laws banning dangerous sports, excessive drinking, consuming sugar, or preventing people with heart conditions from jogging. People take their own risks in life, or at least that’s how it worked in 2019.
The first defence seems to be the key reason for the segregation by vaccine status. How might our plaintiff counter this?
Perhaps by printing a copy of this CDC report from August 26th (highlight, mine):
Fully vaccinated people with Delta variant breakthrough infections can spread the virus to others. However, vaccinated people appear to spread the virus for a shorter time: For prior variants, lower amounts of viral genetic material were found in samples taken from fully vaccinated people who had breakthrough infections than from unvaccinated people with COVID-19. For people infected with the Delta variant, similar amounts of viral genetic material have been found among both unvaccinated and fully vaccinated people. However, like prior variants, the amount of viral genetic material may go down faster in fully vaccinated people when compared to unvaccinated people. This means fully vaccinated people will likely spread the virus for less time than unvaccinated people.
In plain English; Vaccinated people are as likely to transmit the Delta variant as unvaccinated people.
What about the suggestion they remain infectious for longer? The report has several sources linked at the bottom of the article. I challenge you to find any information in those studies supporting the that statement. I couldn’t.
I’m certain the minor talents and over promoted bureaucrats who are State Premiers and Chief Health Officers will push ahead with the next upgrade of the phone app to include vaccine status. The sunk cost fallacy applies in both money and political capital expenditure.
There will also be several legal challenges as soon as it is launched.
The case should be straightforward to decide; does not having the vaccine offer the general public any greater risk of transmission? The CDC says no.
Of course, in this “late stage democracy” world, trust in institutions has collapsed. We know we can’t trust politicians, we know we can’t trust the media, we will soon learn whether we should still trust the legal system.