Finally, the US government will have 150 million swine flu doses available in December, 8 months after H1N1/swine flu arrived in the USA. On November 20^th the Center for Disease Control (CDC) admitted that H1N1 - “may have peaked in most areas of the United States.”

Trying to make an argument for vaccination anyway is the so called second wave theory where the virus returns later, mutated and more dangerous than ever. However, the Southern Hemisphere of the globe, already having experienced swine flu this summer (their winter), is experiencing no such second wave. In fact, the CDC web site shows H1N1 to be almost nonexistent in the Southern Hemisphere at this time. On review of the CDC’s  Map of International Activity Estimates,  H1N1 is singularly confined to the Northern Hemisphere. Most influenza epidemics phase out after 5 to 6 months. The US epidemic will be 8 months old when the US government distributes 150 million doses of swine flu vaccine that it bought for billions of dollars. This is analogous to throwing water on a burned down house.

Having immunized 150 million people during a non existent epidemic the government will study the effectiveness of their efforts and eureka, a resounding success. Such is a pasquinade.

The Constitution of the United States resolved that all powers not enumerated to the federal government belong to the states. Therefore, there is no Constitutional power allotted to the President, the Health and Human Services secretary (or simply “the Secretary” as she is referred to in all these massive health care bills) or any other federal bureaucrat to interfere in health care at all. So, with regard to vaccines and their purchase, delivery and distribution how can they justify such entanglement? Simple, by ginning up a crisis.

Several interesting pieces of legislation were put into effect after the September11th attacks (a real crisis) which affect us now in precarious ways.

The Project Bioshield Act of 2004 was introduced into law to allow the Food and Drug Administration (FDA) to approve drugs for use in emergency situations that may or may not have passed muster under normal circumstances. It contains the Emergency Use Authorization (EUA) program. Clearly, the intention of the civilian use of this program was to help protect us against limitations on novel treatments against biologic or radiation based attacks. A EUA can be triggered by a Declaration of Emergency by “the Secretary”.

Our current Health and Human Services (HHS) Secretary, Kathleen Sebelius, has declared such an emergency twice in regard to H1N1. Once in June and then in September as the declaration only lasts 90 days.

According to the Public Health Services Act  (a legislation from 1946 that continues to be amended) she is only empowered to do so with regard to an infectious agent if it poses a risk to national security. Therefore, H1N1 is a threat to national security. H1N1, the virus that may have killed 4,000 Americans is more of a threat than the seasonal influenza virus known to kill 36,000 Americans every year despite government and private sector vaccination programs. 

 Is the mishandling of the H1N1 vaccination program a national security failure on the part of this administration? Well, yes if you believe what Mrs. Sebelius believes. Apparently she is given great discretionary power as to what constitutes a national security threat and therein lays a potential threat to you.

 Through legislation named the Public Readiness and Preparedness (PREP) Act of 2006 the HHS secretary may issue a declaration that absolves anyone involved in the administration of EUA program treatments, including but not limited to untested vaccines like H1N1, complete immunity from law suits involving damages including death. She only needs the threat of a pandemic to trigger this  but since she must invoke the EUA she still has to declare the national security threat first. This protection is extended to manufactures, distributers and the people who disburse the treatments i.e. your doctor, provider or pharmacist. Were you to be maimed or killed by any of these treatments you could apply for compensation from the Covered Countermeasures Process Fund. This is a fund which has never been appropriated any money from Congress.

States themselves like flexing their muscles in times of crisis. In 2002 the CDC, concerned that the constitution may someday make a comeback, was involved in funding and drafting a model of legislation that it desired state legislatures to adopt. Taking advantage of the mood of the country after September 11^th, the Model State Emergency Powers Act (MSEHPA) was designed to broaden state powers in times of bioterrorism or other infections it deems worthy (read H1N1). It contains such abuses of police power that even the American Civil Liberties Union opposed it. When the hard left is worried you should be very worried.

The MSEHPA is currently the guideline for legislation in 44 states and the District of Columbia. Although implementation of the guidelines varies from state to state here is a sampling of what it purports: Allows police and militia to take control of roads in and out of cities. Seize homes, food, fuel, firearms and cars. Arrest, imprison without bail, forcibly examine, vaccinate and treat without consent. People enforcing these laws are indemnified by the government of that state. Hard to believe they would do this for H1N1. Well, but maybe during a national security crisis.

Some of what all of this legislation advances would seem reasonable in the event of a nuclear attack or nationwide bioterrorism attack. In such an instance widespread anarchy would ensue and special measures to control the panic and contain the spread of possibly deadly contamination would be necessary. However, in the hands of the extreme left this type of power can be egregiously abused. Using H1N1 as a national security threat may have exposed the flank of those now in power as to their genuine intentions.