WEBVTT - Vaccines and New Treatments for COVID-19 

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<v Speaker 1>Pushkin from Pushkin Industries. This is Deep Background, the show

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<v Speaker 1>where we explore the stories behind the stories in the news.

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<v Speaker 1>I'm Noah Feldman. Research into the novel Coronavirus is happening

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<v Speaker 1>and being published or sometimes just press released at breakneck speed.

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<v Speaker 1>Every few weeks, we hear about a possible new breakthrough

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<v Speaker 1>or a potentially interesting avenue of research. But often that

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<v Speaker 1>breakthrough it turns out to be too good to be true,

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<v Speaker 1>or to have less effect than we might have imagined.

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<v Speaker 1>To help us make sense of the latest about the

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<v Speaker 1>novel coronavirus, which studies to watch, which studies are too

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<v Speaker 1>soon to interpret, and where we are in the progress

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<v Speaker 1>towards a vaccine, We're joined by doctor Sad Omer. Doctor

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<v Speaker 1>Omer is a professor of infectious disease and epidemiology at

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<v Speaker 1>the Yale School of Medicine and at the Yale School

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<v Speaker 1>of Public Health. He's also director of the Yale Institute

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<v Speaker 1>for Global Health. In short, he's perfectly qualified to talk

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<v Speaker 1>about these questions. So thank you so much for joining me.

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<v Speaker 1>I'm very grateful. I wonder if we could begin with

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<v Speaker 1>some of the latest publicized developments in therapy. There's a

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<v Speaker 1>large randomized study out of the UK, which we only

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<v Speaker 1>see in so far in press release form, although we're

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<v Speaker 1>getting used to that, involving the use of the steroid dexamethasone.

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<v Speaker 1>What is your takeaway from that study. It's a very

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<v Speaker 1>encouraging study for several reasons. First of all, from the protocol,

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<v Speaker 1>it seems that it was a well conducted study. They

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<v Speaker 1>showed an impact on mortality, not on everyone, but those

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<v Speaker 1>who were on vents. The third thing is that it's

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<v Speaker 1>a widely available drug. So whenever you are dealing with

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<v Speaker 1>these public health emergencies, one concern, one major n is equity.

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<v Speaker 1>At least in the initial few months after a drug

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<v Speaker 1>is evaluated successfully or it comes out, etc. You're really

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<v Speaker 1>concerned about getting that to the most vulnerable. Since this

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<v Speaker 1>is a widely used drug already, we have broader availability.

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<v Speaker 1>So that's the good news. The caveat, as you pointed out,

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<v Speaker 1>is that all we know at this point is a

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<v Speaker 1>press release, a press release from a credible group. But look,

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<v Speaker 1>I would like to see at least data, maybe not

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<v Speaker 1>a full flash paper, but they worst probably somewhere some

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<v Speaker 1>discussion at their data Safety Monitoring board or somewhere where

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<v Speaker 1>they presented those slides. At least share those slides. Now.

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<v Speaker 1>I understand that there's a lot of time pressure on investigators,

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<v Speaker 1>but if the data are good enough to be shared

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<v Speaker 1>publicly in a press release, they should be good enough

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<v Speaker 1>to be shared more broadly. The effect on mortality on

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<v Speaker 1>deaths reported in a press lease was a one third

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<v Speaker 1>reduction for those people who were so sick that they

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<v Speaker 1>were on ventilators, and I believe a one in five

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<v Speaker 1>reduction in deaths for those who were sick enough to

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<v Speaker 1>be on oxygen but not oxygen delivered via a ventilator.

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<v Speaker 1>And then for those who were very sick and in

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<v Speaker 1>the hospital but we're not on oxygen, they reported no effect. Obviously,

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<v Speaker 1>I'm asking you to reconstruct something that's not so simple

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<v Speaker 1>to reconstruct. But why would one have expected those sorts

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<v Speaker 1>of results specifically from this treatment. Yeah. So, look, we

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<v Speaker 1>are learning about the disease as we go along, and

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<v Speaker 1>sometimes what works in terms of treatment tells you as

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<v Speaker 1>much about the disease as it tells you about the

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<v Speaker 1>intervention itself. But in this case, and you know, these

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<v Speaker 1>results combined with our previous current understanding of what's happening

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<v Speaker 1>with the patient with the individual after you get the disease,

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<v Speaker 1>is that there is this maladaptation and then this exaggerated

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<v Speaker 1>response of the immune system. And so the contrast is

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<v Speaker 1>higher when you have an intervention that is attacking the

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<v Speaker 1>condition by dampening broadly the immune response at a stage

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<v Speaker 1>when it's exaggerated. So that contrast would be highlighted in

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<v Speaker 1>more severe patients because, for example, the cytokine storm is

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<v Speaker 1>happening in more severe patients, So if you're attacking that,

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<v Speaker 1>that's where the contrast is. So that would be in

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<v Speaker 1>line with these results, and that's because steroids are broadly

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<v Speaker 1>speaking anti inflammatory, but maybe going on in these most

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<v Speaker 1>sick patients is some kind of the cytokinde storm, which

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<v Speaker 1>is a kind of exaggerated immune reaction, exaggerated maladaptive. So

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<v Speaker 1>it's not just the quantity of the immune response, but

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<v Speaker 1>the type of immune response. But but essentially focusing on

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<v Speaker 1>the type of response and the quantity of response and

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<v Speaker 1>sometimes dampening it broadly speaking can have these benefits. So

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<v Speaker 1>that would explain it. So if I just to make

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<v Speaker 1>sure I'm understanding you correctly, because the sicker patients actually

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<v Speaker 1>benefited proportionally more from the steroidal intervention that provides some

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<v Speaker 1>indication that at least in those very very sick patients,

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<v Speaker 1>what's going on is the kind of thing that might

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<v Speaker 1>be responsive to steroids and therefore fits the theory argued

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<v Speaker 1>for by some of your colleagues at Yale and others

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<v Speaker 1>of the cytokind storm. Yeah, exactly. Let me ask you

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<v Speaker 1>about this large genome wide association study that's being reported

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<v Speaker 1>on in Europe. Again, I think we don't have the

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<v Speaker 1>full final paper yet in which an argument is being

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<v Speaker 1>made for an association of blood type, surprisingly enough with

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<v Speaker 1>probability of suffering from COVID, not exposure to the virus,

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<v Speaker 1>but suffering from the disease if you are exposed to

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<v Speaker 1>the virus. And then there's it's not the blood type itself,

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<v Speaker 1>according to the theory, at least, it's a some set

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<v Speaker 1>of genes that are associated with the same gene area

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<v Speaker 1>as the blood type. If I'm getting it right, say

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<v Speaker 1>a word about that place. From my perspective, it's too

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<v Speaker 1>early to say anything definitive about this. It's a signal generation.

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<v Speaker 1>I think there needs to be a lot more work

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<v Speaker 1>to look at. First of all, if the signal is

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<v Speaker 1>credible because a lot of times when you do these

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<v Speaker 1>observational studies in sick patients, you're not able to match

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<v Speaker 1>appropriately you control for underlying confounding and so therefore that's

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<v Speaker 1>one of the reasons we would like to see more

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<v Speaker 1>detailed data, etc. To figure that out. I think this

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<v Speaker 1>one is too early to say anything definitively. I think

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<v Speaker 1>it's certainly something that needs to be followed up that

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<v Speaker 1>could have further implications. So I would put it in

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<v Speaker 1>the bucket of signal generation more than or hypothesis generation

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<v Speaker 1>more than anything beyond that. It was fascinating to me

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<v Speaker 1>because it reminded me of some of the other high

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<v Speaker 1>profile GA genome white association studies, where you know, the

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<v Speaker 1>researchers look potentially at hundreds of thousands in some cases

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<v Speaker 1>of people with some condition and then they just literally

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<v Speaker 1>mind the data, which is what scientists we're supposed to

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<v Speaker 1>not do in the bad old days or maybe the

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<v Speaker 1>good old days, and they say, well, we're minding the data,

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<v Speaker 1>and here's what we see. You know, these are these

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<v Speaker 1>associations that we find in the data, and therefore they

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<v Speaker 1>must have some effect, and now let's try to figure

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<v Speaker 1>out what that effect is it's sort of the opposite

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<v Speaker 1>of what we were all taught. The scientific method is

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<v Speaker 1>supposed to be, and yet it has caught on as

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<v Speaker 1>a real methodology, and it often yields fascinating things. But

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<v Speaker 1>of course there's some statistical reason to think that some

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<v Speaker 1>things should be yielded anyway. Yeah. No, So here's the

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<v Speaker 1>interesting thing DWAs. And big data techniques, whether applied directly

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<v Speaker 1>to biology, to or to other sources of data, give

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<v Speaker 1>you great power and for a lack of bettle example,

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<v Speaker 1>you know, i'd quote spider Man, power comes great responsibility.

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<v Speaker 1>Actually Voltaire said it before, but you know, you know

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<v Speaker 1>spider Man, or actually his uncle Ben said it with

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<v Speaker 1>more flair. So with this kind of these kinds of tools,

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<v Speaker 1>it's okay, it's reasonable to apply these tools, but a

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<v Speaker 1>lot of it is in what you do when you

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<v Speaker 1>find something. So if it's taken as a signal hypothesis

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<v Speaker 1>generation exercise to then do a sort of a hypothesis

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<v Speaker 1>testing set of studies, this kind of an approach can

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<v Speaker 1>add value. But if it is taken as hypothesis testing exercise,

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<v Speaker 1>then you get into some of those other issues that

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<v Speaker 1>you mentioned a little bit earlier. Two vaccines are getting

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<v Speaker 1>very close to trials that are going to tell us

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<v Speaker 1>probably whether they work or not. The Maderna vaccine RNA

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<v Speaker 1>based vaccine, and then the Oxford vaccine, which is a

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<v Speaker 1>trojan horse vaccine. These are both brand new techniques, neither

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<v Speaker 1>of which, according to guests I've had here before, has

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<v Speaker 1>ever generated a successful vaccine that went to market. Yet nevertheless,

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<v Speaker 1>we're all extremely excited and eagerly anticipating the results. Everyone

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<v Speaker 1>has some instinct about this. You're in a position to

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<v Speaker 1>actually have an intelligent instinct. What is your instinct about

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<v Speaker 1>these possible vaccines? So first of all, I add in

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<v Speaker 1>a little bit of nuance to these are two Western

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<v Speaker 1>vaccines that are two of the more prominent ones. There

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<v Speaker 1>are a couple of Chinese vaccines that we should keep

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<v Speaker 1>an eye out for and we should track. So one

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<v Speaker 1>is produced by the company's Signo vac and then the

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<v Speaker 1>other one is can sign on. But coming to these vaccines,

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<v Speaker 1>the Modern vaccine and the Oxford vaccine are some of

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<v Speaker 1>the earliest vaccines that are being evaluated or likely to

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<v Speaker 1>be evaluated in large trials. The Oxford vaccine has an

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<v Speaker 1>innovative trial design where they had a rolling Phase two

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<v Speaker 1>three trial where they have already enrolled a bunch of people,

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<v Speaker 1>not they're not close to their final sample size. And

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<v Speaker 1>one of the complications, one of the nuance that has

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<v Speaker 1>been added is that some of the earlier projections of

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<v Speaker 1>their timeline, as I understand, was based on the incidence

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<v Speaker 1>in the UK because that's where the main core of

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<v Speaker 1>the investigators is located. So that the disease incidence going

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<v Speaker 1>down seems to have complicated things a little bit. And

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<v Speaker 1>they are going to Brazil now to recruit, which is

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<v Speaker 1>very reasonable and this is how it should be done

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<v Speaker 1>in a pandemic. But the reason I'm highlighting this is, look,

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<v Speaker 1>this is one of the reasons why we should stay

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<v Speaker 1>away from predicting that the vaccine will be available in

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<v Speaker 1>three months. You can say that it will be available

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<v Speaker 1>in the near future or the prospects look good, because

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<v Speaker 1>there are a lot of things that can slow down

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<v Speaker 1>your development process. But coming back to your original questions,

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<v Speaker 1>so the main question that these are a new approaches,

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<v Speaker 1>I think they're based on pretty sound biology. Then there

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<v Speaker 1>should be in the front line of things where the

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<v Speaker 1>global community and national programs invest Having said that things

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<v Speaker 1>can go sideways you can have unexpected things. So what

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<v Speaker 1>do we do about that? A First of all, have

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<v Speaker 1>realistic expectations about the timelines. If they go early, that's great,

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<v Speaker 1>but we should all have a little bit of humility

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<v Speaker 1>about our projections, especially for new products. The other thing

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<v Speaker 1>is we should all hedge our bets. So it's a

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<v Speaker 1>good approach to have a diversity of technologies, some new,

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<v Speaker 1>some old. So having a couple of live attenuated products

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<v Speaker 1>in the mix, having a couple of recombinant vaccines in

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<v Speaker 1>the mix helps us even out that risk. And so

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<v Speaker 1>these are the few implications of having a vaccine program

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<v Speaker 1>or a vaccine development program that has a few new, novel,

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<v Speaker 1>innovative products. Can you say something about the two Chinese

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<v Speaker 1>vaccines that you mentioned, because those have not gotten the

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<v Speaker 1>same amount of coverage in the US media. But my

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<v Speaker 1>understanding is one of them is a live attenuated vaccine,

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<v Speaker 1>good old fashioned vaccine. Yeah, exactly. You take the virus

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<v Speaker 1>and you primarily through serial passage through culture, take away

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<v Speaker 1>the disease potential, but ideally maintain the replication potentials. So

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<v Speaker 1>that's the live attenuated vaccine. There's another vector vaccine that

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<v Speaker 1>is also in more advanced stages. So these are the

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<v Speaker 1>two vaccines that are ahead of the pack in China.

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<v Speaker 1>They also seem to have issues in terms of Phase

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<v Speaker 1>three trials because of the successful control they have achieved

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<v Speaker 1>in reducing the incidence of the virus in their own population.

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<v Speaker 1>One of the most important things I think that you

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<v Speaker 1>just said is that we need to realize that even

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<v Speaker 1>just running the trials can take longer than one expects.

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<v Speaker 1>Even if these are great, the durational issue isn't easily

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<v Speaker 1>manageable because these aren't challenge trials. No one is being

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<v Speaker 1>at this point intentionally exposed to stars Covy two virus.

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<v Speaker 1>There have been people who've talked about the value of

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<v Speaker 1>doing that. Under the circumstances, I have actually been opened.

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<v Speaker 1>I understand ethical challenges. I've been sort of opened to

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<v Speaker 1>the ethical argument that when many people are dying and

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<v Speaker 1>the economic effects are as great as they are, if

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<v Speaker 1>there's ever a time for challenge trials where people are

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<v Speaker 1>intentionally exposed, this is it. It sounds as though you're

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<v Speaker 1>not convinced, well, I'm actually I haven't made up my

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<v Speaker 1>mind in terms of specific challenge trials, And here's the

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<v Speaker 1>reason why I think they're a legitimate policy option that

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<v Speaker 1>should be explored. But in order to going forward with

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<v Speaker 1>an actual challenge trial, I think we need a few

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<v Speaker 1>more things, and I like the WHO approach, so they

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<v Speaker 1>issued ethical guidance about if to do it, this is

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<v Speaker 1>how you do it. It's not straightforward to do a

0:14:14.596 --> 0:14:17.756
<v Speaker 1>challenge studies because you have to have a standardized challenge

0:14:17.796 --> 0:14:21.796
<v Speaker 1>doors for humans, you have to have a more rigorous

0:14:22.036 --> 0:14:25.436
<v Speaker 1>set of protocols facilities. The ability to do that and

0:14:25.516 --> 0:14:29.076
<v Speaker 1>the ability to conduct challenge trials is actually way more

0:14:29.196 --> 0:14:33.356
<v Speaker 1>limited than to do efficacy trials throughout the world. So

0:14:33.396 --> 0:14:36.036
<v Speaker 1>there are fewer centers in the world that have done

0:14:36.116 --> 0:14:39.596
<v Speaker 1>human challenge studies. So obviously animal challenge studies are different.

0:14:40.156 --> 0:14:44.156
<v Speaker 1>And so one of the thinking that that is there,

0:14:44.356 --> 0:14:47.716
<v Speaker 1>which is not discussed too much in the public discourse

0:14:47.796 --> 0:14:52.756
<v Speaker 1>or discussion, is what is the added time gain if

0:14:52.836 --> 0:14:57.236
<v Speaker 1>you have to take these several steps that require you know,

0:14:57.316 --> 0:15:00.756
<v Speaker 1>some time to iron out. Having said that, you know,

0:15:00.876 --> 0:15:03.716
<v Speaker 1>developing it as a parallel policy option is very reasonable,

0:15:04.116 --> 0:15:07.356
<v Speaker 1>but it should be done with not just policy discussion,

0:15:07.796 --> 0:15:11.316
<v Speaker 1>but detailed call discussion. I want to ask you about

0:15:11.516 --> 0:15:15.876
<v Speaker 1>asymptomatic transmission as sort of our last topic of conversation.

0:15:16.356 --> 0:15:18.436
<v Speaker 1>I guess the question that I'm really interested in is

0:15:18.836 --> 0:15:23.596
<v Speaker 1>we all understand that there's droplet transmission from coughing sneezing.

0:15:24.076 --> 0:15:26.796
<v Speaker 1>We also understand that there is presumably some sort of

0:15:26.836 --> 0:15:32.516
<v Speaker 1>aerosolization transmission where the droplets are much much, much much tinier.

0:15:33.476 --> 0:15:35.116
<v Speaker 1>I think a lot of people are trying to figure

0:15:35.116 --> 0:15:38.636
<v Speaker 1>out how they should think about those two aspects of

0:15:38.636 --> 0:15:42.316
<v Speaker 1>transmission and what it means for masks. So within the

0:15:42.436 --> 0:15:46.196
<v Speaker 1>symptomatic they can be sort of different modes of transmission.

0:15:46.236 --> 0:15:49.076
<v Speaker 1>It could be from surfaces or full mites, mediums, large

0:15:49.076 --> 0:15:54.196
<v Speaker 1>sized droplets as well as small sort of aerosols. Although

0:15:54.196 --> 0:15:58.396
<v Speaker 1>that the data are being generated, there's a few things

0:15:58.436 --> 0:16:01.756
<v Speaker 1>to keep in mind. First of all, the classifying the

0:16:01.756 --> 0:16:06.236
<v Speaker 1>type of the size of droplet and the probability of

0:16:06.356 --> 0:16:10.796
<v Speaker 1>something being aerosolized versus not so. Hanging out in the

0:16:10.876 --> 0:16:13.716
<v Speaker 1>air for some periods and sort of transmitting through air

0:16:13.796 --> 0:16:16.916
<v Speaker 1>is different from aerosualization, which stays much longer in the air.

0:16:17.476 --> 0:16:20.996
<v Speaker 1>We do know that the risk of aerosolization is way

0:16:21.076 --> 0:16:25.716
<v Speaker 1>higher in some higher risk procedures such as intubation, enduring

0:16:25.796 --> 0:16:30.196
<v Speaker 1>medical procedures, and even you know specimen taking is likely

0:16:30.236 --> 0:16:32.876
<v Speaker 1>to be especially in Nize with angel swabs, etc. So

0:16:32.916 --> 0:16:36.636
<v Speaker 1>therefore healthcare workers need to have PPE for some of

0:16:36.636 --> 0:16:39.876
<v Speaker 1>that stuff. The good news is if you have good

0:16:39.916 --> 0:16:45.196
<v Speaker 1>personal protective equipment in healthcare settings, even with aerosolization, we

0:16:45.316 --> 0:16:49.756
<v Speaker 1>seem to have fairly low transmission wherever PPE was available,

0:16:49.916 --> 0:16:52.756
<v Speaker 1>So that's setting that aside. So now for mass transmission,

0:16:53.156 --> 0:16:58.716
<v Speaker 1>what you're dealing with is a surface paced versus you know,

0:16:58.756 --> 0:17:02.276
<v Speaker 1>these droplet transmission, which is not quite a rasalized but

0:17:02.356 --> 0:17:06.516
<v Speaker 1>these droplets can travel, you know, reasonably far beyond six

0:17:06.516 --> 0:17:11.836
<v Speaker 1>feet sometimes, and those droplets there is evidence, or again

0:17:11.876 --> 0:17:14.996
<v Speaker 1>it's not definitive evidence, that you decrease the probability of

0:17:15.036 --> 0:17:18.996
<v Speaker 1>that spread if you are wearing masks, but the effect

0:17:19.076 --> 0:17:22.836
<v Speaker 1>size on an individual level is relatively modest. So the

0:17:22.956 --> 0:17:26.996
<v Speaker 1>thinking is because it's not a very intrusive intervention, if

0:17:27.036 --> 0:17:31.796
<v Speaker 1>you have masks compliance with mask wearing, you decrease the

0:17:31.876 --> 0:17:34.876
<v Speaker 1>probability to an extent that you can see a substantial

0:17:34.916 --> 0:17:39.876
<v Speaker 1>population impact. That last point is fascinating and one that

0:17:40.316 --> 0:17:43.036
<v Speaker 1>has not I think been fully stated, partly maybe because

0:17:43.036 --> 0:17:45.596
<v Speaker 1>people in the public health space don't want to state

0:17:45.636 --> 0:17:47.436
<v Speaker 1>it as explicitly as you just did. So let's just

0:17:47.476 --> 0:17:49.916
<v Speaker 1>go over it for clarity. What I hear you to

0:17:49.956 --> 0:17:54.436
<v Speaker 1>be saying is that although the data on masks, not

0:17:54.516 --> 0:17:57.396
<v Speaker 1>in the hospital context but in the public context, are

0:17:57.436 --> 0:18:01.636
<v Speaker 1>not necessarily that definitive, and although the effects actually might

0:18:01.676 --> 0:18:04.836
<v Speaker 1>be relatively small, there's a kind of public health judgment

0:18:04.916 --> 0:18:07.476
<v Speaker 1>that says, well, it's very low cost for everybody to

0:18:07.476 --> 0:18:11.756
<v Speaker 1>wear masks, and let's insist that people wear them, in fact,

0:18:11.796 --> 0:18:15.116
<v Speaker 1>regulated by law in many places, including where I live

0:18:15.116 --> 0:18:20.476
<v Speaker 1>in Massachusetts. And then we think that cumulatively, that is

0:18:20.556 --> 0:18:24.156
<v Speaker 1>likely to have a harm reducing effect, and the theory

0:18:24.236 --> 0:18:27.596
<v Speaker 1>is sort of that there's not that much downside. If

0:18:27.636 --> 0:18:30.516
<v Speaker 1>that's the case. I do think there's a little bit

0:18:30.516 --> 0:18:33.076
<v Speaker 1>of subtlety there, because it involves a value judgment about

0:18:33.116 --> 0:18:35.596
<v Speaker 1>how low cost it is to wear a mask, and

0:18:35.676 --> 0:18:38.316
<v Speaker 1>I think that may vary from person to person, and

0:18:39.076 --> 0:18:41.556
<v Speaker 1>there are regional variations and how people feel about it,

0:18:41.716 --> 0:18:45.596
<v Speaker 1>There are cultural differences in different places. So I'm wondering

0:18:45.596 --> 0:18:48.156
<v Speaker 1>if you could just say a little bit more on that. Yeah, no,

0:18:48.356 --> 0:18:50.116
<v Speaker 1>I agree, And so that's one of the reasons why

0:18:50.476 --> 0:18:53.356
<v Speaker 1>public health agencies have gone back and forth on this issue.

0:18:53.356 --> 0:18:55.796
<v Speaker 1>It's not a clear good issue. So there's a nice

0:18:55.876 --> 0:19:00.916
<v Speaker 1>review by Oxford that try to incorporate all of these things,

0:19:01.036 --> 0:19:05.076
<v Speaker 1>and they did show that at really high compliance numbers

0:19:05.596 --> 0:19:10.596
<v Speaker 1>you can have a pretty substantial population level impact. What

0:19:10.796 --> 0:19:13.636
<v Speaker 1>level of impact is there? So, based on the fact

0:19:13.636 --> 0:19:16.596
<v Speaker 1>that a lot of these are assessments from studies that

0:19:16.636 --> 0:19:19.476
<v Speaker 1>are sort of still evolving in terms of the evidence

0:19:19.516 --> 0:19:23.276
<v Speaker 1>is still evolving. Because of that, I don't think we

0:19:23.316 --> 0:19:26.476
<v Speaker 1>can say what is the amount of impact, but there's

0:19:26.516 --> 0:19:29.436
<v Speaker 1>likely to be some population level impact. But I think

0:19:29.436 --> 0:19:31.836
<v Speaker 1>you're right, we need to have some nuance in the messaging.

0:19:32.436 --> 0:19:34.756
<v Speaker 1>Thank you very much. I really appreciate your time, my pleasure,

0:19:34.756 --> 0:19:44.916
<v Speaker 1>and these were great questions. Sud's analysis is crisp, clear

0:19:45.316 --> 0:19:49.156
<v Speaker 1>and helpful. First, and most importantly, we should not assume

0:19:49.556 --> 0:19:52.916
<v Speaker 1>any specific time when we will know if the existing

0:19:52.996 --> 0:19:56.676
<v Speaker 1>vaccines that are being tested work. Challenges to the testing

0:19:56.716 --> 0:19:59.676
<v Speaker 1>process are endemic at a time when the virus is

0:19:59.716 --> 0:20:03.116
<v Speaker 1>itself being controlled in many places in the world, and

0:20:03.276 --> 0:20:06.476
<v Speaker 1>resetting up a protocol in a place where the disease

0:20:06.556 --> 0:20:10.276
<v Speaker 1>is spreading faster is actually time consuming in its own right.

0:20:10.756 --> 0:20:12.956
<v Speaker 1>So the fact that it is possible to get trial

0:20:12.996 --> 0:20:16.516
<v Speaker 1>results sometime in twenty twenty does not at all mean

0:20:16.556 --> 0:20:20.476
<v Speaker 1>that we will get those results in twenty twenty. Next,

0:20:20.516 --> 0:20:23.396
<v Speaker 1>when it comes to new therapies, we need to see

0:20:23.596 --> 0:20:27.516
<v Speaker 1>more data. It's very promising that the steroidal treatment of

0:20:27.676 --> 0:20:31.836
<v Speaker 1>dexamethasone is helping to reduce deaths. This is the first

0:20:31.876 --> 0:20:35.996
<v Speaker 1>therapy we've seen that actually specifically does reduce deaths, because

0:20:36.036 --> 0:20:39.356
<v Speaker 1>the rim desvere therapy reduced time in the hospital but

0:20:39.476 --> 0:20:43.396
<v Speaker 1>was not shown statistically to reduce deaths. So that's promising.

0:20:43.516 --> 0:20:46.516
<v Speaker 1>But we still do not have publicly released data. What

0:20:46.636 --> 0:20:49.916
<v Speaker 1>we have rather is a press release from a reputable group,

0:20:50.116 --> 0:20:53.236
<v Speaker 1>Sad says. Sad also reminds us to keep an eye

0:20:53.316 --> 0:20:55.876
<v Speaker 1>on the vaccines that are coming out of China, including

0:20:55.876 --> 0:20:59.916
<v Speaker 1>a traditional style vaccine with an attenuated form of the virus,

0:20:59.956 --> 0:21:04.036
<v Speaker 1>a topic to which we may return in a future episode. Last,

0:21:04.076 --> 0:21:07.036
<v Speaker 1>but not least, when it comes to masks again, Soad

0:21:07.156 --> 0:21:11.476
<v Speaker 1>calls for nuance. He points out that some studies suggest

0:21:11.956 --> 0:21:15.356
<v Speaker 1>mild benefits of mask wearing, which can be magnified through

0:21:15.356 --> 0:21:19.476
<v Speaker 1>the population if there's very very broad compliance, and that

0:21:19.556 --> 0:21:22.756
<v Speaker 1>public health officials think that is worth doing, in part

0:21:22.836 --> 0:21:25.276
<v Speaker 1>because they judge that the wearing of masks is not,

0:21:25.556 --> 0:21:29.956
<v Speaker 1>in fact a high cost public intervention that raises fascinating

0:21:29.956 --> 0:21:33.396
<v Speaker 1>issues about the costs versus the benefits of mask wearing.

0:21:33.716 --> 0:21:36.196
<v Speaker 1>I guarantee you we will return to that issue in

0:21:36.236 --> 0:21:39.396
<v Speaker 1>the near future as well. We'll be back in a moment.

0:21:49.516 --> 0:21:51.676
<v Speaker 1>During the intense last couple of months, we've been so

0:21:51.756 --> 0:21:55.076
<v Speaker 1>focused on getting you COVID stories that we temporarily paused

0:21:55.116 --> 0:21:56.756
<v Speaker 1>a segment that we used to have on the show

0:21:56.956 --> 0:21:59.676
<v Speaker 1>called Playback, where I choose a moment in the news

0:21:59.876 --> 0:22:03.716
<v Speaker 1>and play it back to you for further discussion. This week,

0:22:03.756 --> 0:22:07.116
<v Speaker 1>we're bringing playback back, and in particular, we're going to

0:22:07.196 --> 0:22:09.716
<v Speaker 1>turn our attention where it always goes at the end

0:22:09.756 --> 0:22:18.356
<v Speaker 1>of June, to the Supreme Court of the United States.

0:22:20.916 --> 0:22:22.916
<v Speaker 1>That's the sound of people celebrating in front of the

0:22:22.956 --> 0:22:26.796
<v Speaker 1>Supreme Court last Thursday, after the Supreme Court ruled that

0:22:26.836 --> 0:22:30.236
<v Speaker 1>the Trump administration had acted unlawfully when it tried to

0:22:30.276 --> 0:22:35.316
<v Speaker 1>rescind DHAKA, the Deferred Action for Childhood Arrival's program designed

0:22:35.316 --> 0:22:39.836
<v Speaker 1>to protect people known as dreamers. From a moral standpoint,

0:22:40.036 --> 0:22:44.116
<v Speaker 1>this is a tremendously gratifying decision. Dreamers are about the

0:22:44.156 --> 0:22:47.476
<v Speaker 1>most sympathetic people you could imagine, And the fact that

0:22:47.476 --> 0:22:51.876
<v Speaker 1>the Trump administration sought their deportation was again, from a

0:22:51.916 --> 0:22:56.556
<v Speaker 1>moral standpoint, horrendous. That said, the Supreme Court's decision was

0:22:56.636 --> 0:23:00.116
<v Speaker 1>itself surprising on the law. The decision was written by

0:23:00.196 --> 0:23:04.276
<v Speaker 1>Chief Justice John Roberts, who is ordinarily a staunch conservative,

0:23:04.836 --> 0:23:06.356
<v Speaker 1>and as the fact that it was a five to

0:23:06.356 --> 0:23:10.356
<v Speaker 1>four decision shows, there were grounds that a conservative justice

0:23:10.396 --> 0:23:13.876
<v Speaker 1>like Roberts could have used had he wanted to decide

0:23:14.116 --> 0:23:17.716
<v Speaker 1>that what Barack Obama put in place, namely the DOCCA program,

0:23:18.036 --> 0:23:22.156
<v Speaker 1>Donald Trump could remove. Indeed, Roberts typically has a rather

0:23:22.316 --> 0:23:26.076
<v Speaker 1>expansive conception of executive power. And although we can know

0:23:26.116 --> 0:23:28.716
<v Speaker 1>with one hundred percent certainty, I would say there's ninety

0:23:28.756 --> 0:23:32.116
<v Speaker 1>nine percent probability that several years ago Roberts was one

0:23:32.116 --> 0:23:35.636
<v Speaker 1>of the justices who voted to strike down an Obama

0:23:35.676 --> 0:23:39.036
<v Speaker 1>program that was similar to DOCA but aimed at parents.

0:23:39.596 --> 0:23:42.396
<v Speaker 1>So what was going on here? Why did Chief Justice

0:23:42.436 --> 0:23:46.116
<v Speaker 1>John Roberts choose to leave his conservative allies and join

0:23:46.196 --> 0:23:50.996
<v Speaker 1>the liberals to keep DOCCA in place. Sometimes when Roberts

0:23:50.996 --> 0:23:53.876
<v Speaker 1>issues an apparently liberal decision, it's clear that what he's

0:23:53.916 --> 0:23:56.636
<v Speaker 1>doing is trying to preserve the appearance of legitimacy of

0:23:56.636 --> 0:23:59.716
<v Speaker 1>the Supreme Court by avoiding a scenario where the public

0:23:59.796 --> 0:24:04.476
<v Speaker 1>would think of the justices as basically partisan. Roberts understands

0:24:04.516 --> 0:24:06.596
<v Speaker 1>that the public knows that the Supreme Court justices have

0:24:06.636 --> 0:24:09.836
<v Speaker 1>different ideologies. What he doesn't want is for the public

0:24:09.876 --> 0:24:12.596
<v Speaker 1>to think that the justices vote based on the party

0:24:12.596 --> 0:24:16.436
<v Speaker 1>of the person who appointed them. That may explain Roberts's

0:24:16.516 --> 0:24:20.556
<v Speaker 1>vote not to entirely strike down Obamacare, the Affordable Care

0:24:20.596 --> 0:24:24.836
<v Speaker 1>Act some years ago. In the DACA case, however, Roberts's

0:24:24.916 --> 0:24:28.396
<v Speaker 1>motivation seems to have been somewhat different. What seems to

0:24:28.396 --> 0:24:31.836
<v Speaker 1>be motivating Roberts is a kind of disrespect for the

0:24:31.876 --> 0:24:36.476
<v Speaker 1>Donald Trump administration's unwillingness to cross its tees, dot its eyes,

0:24:36.516 --> 0:24:38.836
<v Speaker 1>and follow the rule of law when it comes to

0:24:38.916 --> 0:24:43.076
<v Speaker 1>issuing important governmental decisions. We saw this a year ago

0:24:43.396 --> 0:24:47.316
<v Speaker 1>when Roberts also provided the decisive fifth vote to reverse

0:24:47.316 --> 0:24:50.756
<v Speaker 1>the Trump administration's plan to put a citizenship question on

0:24:50.796 --> 0:24:54.036
<v Speaker 1>the twenty twenty census. In that case, as in the

0:24:54.116 --> 0:24:57.556
<v Speaker 1>DACA case, Roberts relied on a law called the Administrative

0:24:57.596 --> 0:25:00.196
<v Speaker 1>Procedure Act, which is the law that gives the federal

0:25:00.276 --> 0:25:04.716
<v Speaker 1>courts the authority to oversee and review decisions of administrative

0:25:04.756 --> 0:25:08.476
<v Speaker 1>bodies in order to determine whether they complied with the

0:25:08.596 --> 0:25:13.276
<v Speaker 1>pre jurors that the law demands. In particular, the Administrative

0:25:13.276 --> 0:25:17.356
<v Speaker 1>Procedure Act requires that the government give clear, honest, and

0:25:17.556 --> 0:25:21.316
<v Speaker 1>accurate justifications and reasons for why it's doing what it's doing,

0:25:21.676 --> 0:25:24.876
<v Speaker 1>and both the Census case and the DACA case, Roberts

0:25:24.956 --> 0:25:28.636
<v Speaker 1>ruled that the government had failed to provide those justifications.

0:25:29.236 --> 0:25:32.756
<v Speaker 1>In essence, Roberts was saying, taking the action in question

0:25:33.076 --> 0:25:36.956
<v Speaker 1>was within the general authority of the executive branch, but

0:25:37.156 --> 0:25:40.116
<v Speaker 1>the executive branch didn't do a good enough job of

0:25:40.156 --> 0:25:44.156
<v Speaker 1>explaining why it did what it did. This kind of

0:25:44.236 --> 0:25:47.876
<v Speaker 1>judicial supervision of governmental action is crucial to preserving the

0:25:47.956 --> 0:25:50.956
<v Speaker 1>rule of law, and it's pretty clear that John Roberts

0:25:51.156 --> 0:25:54.356
<v Speaker 1>no longer trusts the Trump administration to do that. To

0:25:54.436 --> 0:25:57.356
<v Speaker 1>be sure, at the beginning of the Trump administration, Roberts

0:25:57.676 --> 0:25:59.956
<v Speaker 1>was willing to give Trump the benefit of the doubt.

0:26:00.596 --> 0:26:03.396
<v Speaker 1>He after all, wrote the opinion in the Trump against

0:26:03.396 --> 0:26:06.836
<v Speaker 1>Hawaii case, the one involving the Muslim travel ban, in

0:26:06.876 --> 0:26:10.476
<v Speaker 1>which he upheld the president's authority to issue the version

0:26:10.516 --> 0:26:12.436
<v Speaker 1>of the travel band that was in play at the time.

0:26:13.076 --> 0:26:15.436
<v Speaker 1>What seems to have happened subsequently is that as Roberts

0:26:15.436 --> 0:26:18.156
<v Speaker 1>has gotten a closer and closer look at Trump's disrespect

0:26:18.196 --> 0:26:20.796
<v Speaker 1>for the courts and his disrespect for the rule of law,

0:26:21.356 --> 0:26:24.356
<v Speaker 1>He's decided to take on the role of defending the judiciary,

0:26:24.636 --> 0:26:27.796
<v Speaker 1>defending the rule of law, and of him making Trump comply.

0:26:28.556 --> 0:26:30.796
<v Speaker 1>And it may not be irrelevant that Roberts also had

0:26:30.836 --> 0:26:33.516
<v Speaker 1>to spend a good chunk of his January sitting in

0:26:33.516 --> 0:26:37.836
<v Speaker 1>the Senate listening to the Impeachment Manager's condemnation of Donald Trump,

0:26:37.996 --> 0:26:42.356
<v Speaker 1>precisely for his disrespect for the rule of law. So

0:26:42.396 --> 0:26:45.036
<v Speaker 1>if you're wondering whether John Roberts has suddenly become a liberal,

0:26:45.356 --> 0:26:48.076
<v Speaker 1>take it from me. He has not. I expect more

0:26:48.116 --> 0:26:52.116
<v Speaker 1>conservative decisions from him, possibly even this week or next.

0:26:52.636 --> 0:26:55.676
<v Speaker 1>But John Roberts has taken up the responsibility of the

0:26:55.756 --> 0:27:00.476
<v Speaker 1>judiciary to keep an eye on this president, and for

0:27:00.556 --> 0:27:04.956
<v Speaker 1>that I think everybody liberal or conservative should be profoundly grateful.

0:27:07.036 --> 0:27:08.996
<v Speaker 1>Next week, we'll be taking a break for July fourth,

0:27:09.196 --> 0:27:11.676
<v Speaker 1>but we will see you the week after, and until then,

0:27:12.116 --> 0:27:16.196
<v Speaker 1>be careful, be safe, and be well. Deep Background is

0:27:16.236 --> 0:27:19.316
<v Speaker 1>brought to you by Pushkin Industries. Our producer is Lydia

0:27:19.396 --> 0:27:23.156
<v Speaker 1>Jane Cott, with mastering by Jason Gambrell and Martin Gonzalez.

0:27:23.476 --> 0:27:26.996
<v Speaker 1>Our showrunner is Sophia mckibbon. Our theme music is composed

0:27:26.996 --> 0:27:30.876
<v Speaker 1>by Luis GERA special thanks to the Pushkin Brass, Malcolm Gladwell,

0:27:30.996 --> 0:27:35.036
<v Speaker 1>Jacob Weissberg, and Mia Lovell. I'm Noah Feldman. I also

0:27:35.036 --> 0:27:37.716
<v Speaker 1>write a regular column for Bloomberg Opinion, which you can

0:27:37.756 --> 0:27:42.356
<v Speaker 1>find at Bloomberg dot com slash Feldman. To discover Bloomberg's

0:27:42.356 --> 0:27:46.956
<v Speaker 1>original slate of podcasts, go to Bloomberg dot com slash Podcasts.

0:27:48.036 --> 0:27:50.356
<v Speaker 1>And one last thing. I just wrote a book called

0:27:50.436 --> 0:27:53.396
<v Speaker 1>The Arab Winter, a Tragedy. I would be delighted if

0:27:53.396 --> 0:27:56.316
<v Speaker 1>you checked it out. If you liked what you heard today,

0:27:56.316 --> 0:27:59.316
<v Speaker 1>please write a review or tell a friend. You can

0:27:59.316 --> 0:28:01.316
<v Speaker 1>always let me know what you think on Twitter. My

0:28:01.396 --> 0:28:05.796
<v Speaker 1>handle is Noah R. Feldman. This is Deep Background.