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Culture War Roundup for the week of March 23, 2026

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The vast majority of the world’s governments established lockdowns because something had to be done, we didn’t have vaccines

As a matter of fact, we had vaccine candidates on March 9 (2020), and had confirmed immune response in mice and started testing them in humans by April 23.

As a matter of law, it was simply illegal to give or sell the vaccines that we did have to non-test-subjects before efficacy testing finished, and on top of that it was illegal to recruit test subjects with a plan of "expose healthy volunteers to Covid deliberately and immediately under medical supervision" rather than "wait for six or seven months for a decent sample size to be exposed to Covid incidentally and unexpectedly out in the wild", so efficacy testing wasn't finished and mass manufacturing couldn't even be begun until cumulative world excess mortality was well over a million and rapidly growing.

As a matter of deduction, totalitarianism did not outperform freedom here. It killed millions, and got away with it only because it had already managed to strangle the globe so thoroughly (even in the United States!) that freedom was never tried.

What was stopping a pharma company from declaring their vaccine open to the public, as long as you signed up for their trial*?

*requires a deposit equal to the retail price of the vaccine

The FDA, obviously...?

Right, why couldn’t they just have expanded their trial?

The obvious reason is that the government would come down on them like a ton of bricks, even if they found a way to violate the spirit of the law while adhering to the letter.

But the legal reason is ... harder to find? There's a lot of letters of the law, so I'd think "you can't weasel out of testing requirements by declaring that your 'test' subjects might include half the country" has to be covered by one of them somewhere, but a quick skim didn't show me where.

Ah, wait, AI to the rescue; I was looking at the wrong parts.

21 USC 355 says "No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) is effective with respect to such drug."

Then 21 CFR 312 talks about the "Investigational New Drug Application (IND)" exemption to that, but part one of the exemption process is basically begging the FDA to approve your proposed trial protocols so you can run the trials you need to get the final approval. If your trial protocol is "give it to anyone who pays" or even just "give it to anyone who wants it", good luck getting that "trial" approved, and "A sponsor shall not begin a clinical investigation subject to § 312.2(a) until the investigation is subject to an IND".

Regarding challenge trials, 1Day Sooner came into being as a result of our clear failure here. COVID was a ridiculously good candidate for challenge trials: a disease that spreads quickly, so every day matters, and which is dangerous to one segment of the population but relatively harmless to everyone else. Our global failure here doesn't speak well for our prospects if a genuinely dangerous plague comes along. (Imagine if the disease had a 30% fatality rate to everyone. Challenge trials would be even more important, and a lot harder to justify ethically.)

I guess the most optimistic take is that if a real threat to society comes along (i.e. a plague which doesn't mostly just replace the "cause of death" for unhealthy seniors), we might actually be spurred to take appropriate measures. It's "only" the threat of creeping totalitarianism which we utterly failed at, enthusiastically cheering on lockdowns and unpersoning anybody who said "uh, wait a minute".