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The PREP Act is unconstitutional, was used to commit mass murder by mandated mRNA, and must be repealed


               
2025 May 21, 1:34pm   125 views  8 comments

by Patrick   follow (59)  

https://www.coffeeandcovid.com/p/blind-justice-wednesday-may-21-2025


I argued one of the biggest and most important cases in my career yesterday afternoon.

Regular readers know that, late last year, my firm filed a lawsuit against the 2005 PREP Act, which is the federal law that immunizes from legal liability vaccine manufacturers (along with doctors, hospitals, and a vast army of other miscreants), for injuries caused by “safe and effective” (but also defective) vaccines and other pandemic treatments. The short statute replaces injured Americans’ common-law legal claims with a black box process called the Countermeasures Injury Compensation Program (CICP) that, in archaic legal terms, is called “a bad joke.”

Our lawsuit seeks to declare the PREP Act unconstitutional under six main theories. ...

I probably wrote and re-wrote two dozen versions of my argument.

I never used any of it. Yesterday afternoon, as the hearing started, the judge offered each side 15 minutes of argument. ...

Then came the hand grenade.

“Of all the plaintiffs’ counts, I think their substantive due process argument could survive,” the judge told the DOJ lawyer, as though it was a stray random thought. It changed everything.

“Substantive due process” (SDP) is an amorphous, jello-like, hard-to-pin-down concept that some rights are so fundamental —like the right to raise your children, make personal medical decisions, or marry the person you choose— that the government can’t take them away, even if it follows all the right procedures, and even if those rights aren’t expressly addressed in the Constitution.



SDP is not just about how the government acts, but what it tries to do. If the law crosses a certain line —by being deeply unfair or violating a fundamental liberty— the Constitution says that’s not allowed, no matter how neatly the government checked the boxes.

SDP claims are among the hardest to win. Courts give the government wide latitude to regulate, especially in areas like public health, safety, and morals. To succeed, a claimant must prove that the government’s action is not just mistaken or harsh, but so extreme and so unjustified that it “shocks the conscience” —a legal standard so high it takes special NASA telescopes to find it on dark nights. ...

One older Supreme Court case, in a concurrence, remarked offhand that it remains unsettled law whether the government can abolish common-law lawsuits without providing a meaningful alternative. Judge Young told the government’s lawyer that offhand comment seems to be a narrow crack that our substantive due process might, if proven, shine through.

It hit the courtroom like a sledgehammer. But the judge wasn’t finished. “I’m not saying this is true,” he explained, “but the plaintiffs have alleged that the PREP Act’s replacement process, the CICP is, well, absurd.” I think he might have even laughed aloud when he said absurd. He could have left it there. But then, as though driven by personal curiosity, he asked a biting follow-up question: “does the government think the CICP process is sufficient?”

The DOJ lawyer did his best to change the subject, trying to re-route the question back to safer ground about standing, the government’s cherished abolisher of claims. But the point held. ...

To date, no PREP Act challenge has ever survived dismissal. If it holds, ours would be the first. It is not exaggerating much to call it a miracle.

Thanks to everyone for all the prayers and support. We continue to soldier on.

Comments 1 - 8 of 8        Search these comments

1   50de4664cd8ed59077555340c687d684   2025 May 21, 2:56pm  

👏👏👏 well done sir. So, a constitutional lawyer? You have mechanisms that my proto-fascist, ex Commonwealth but now communist nation does not possess. And a Bill of Rights. Australia FedGov spits shit on our Rights.
2   SharkyP   2025 May 22, 5:49am  

Help me understand why the current DOJ isn’t siding with you on the issue. Keep up the good work
3   Patrick   2025 May 26, 2:58pm  

Lol, there's just way too much money to be made by selling drugs without liability for the resulting deaths. That money is enough to corrupt pretty much everyone in government.

Trump and Kennedy should be talking about banning the PREP Act, but I don't recall either of them talking about it. Maybe Kennedy did before he got the HHS job.

https://organicconsumers.org/something-sec-kennedy-can-do-that-we-should-all-be-able-to-agree-on-revoke-the-prep-act-declarations-that-take-away-our-power-to-hold-corporations-accountable/


Something Sec. Kennedy Can Do That We Should All Be Able To Agree On: Revoke the PREP Act Declarations That Take Away Our Power to Hold Corporations Accountable!

March 12, 2025
4   Patrick   2025 May 26, 3:01pm  

https://tdefender.substack.com/p/poll-88-of-americans-want-pharma


Poll: 88% of Americans Want Pharma Held ‘Financially Responsible’ for Vaccine Injuries

Americans want better vaccine safety oversight, more stringent clinical trials and greater Big Pharma accountability, according to a poll conducted this month by the Center for Excellence in Polling.


How is it possible that this article never mentions the core of the problem, which is the PREP Act?

It should be right up front and center. Without that PREP Act protection, Pfizer cannot keep killing people for profit.
5   Patrick   2025 Jun 19, 9:40pm  

https://palexander.substack.com/p/sasha-latypova-schlongs-malone-rightly


Is there a depopulation agenda with the Malone et al. mRNA vaccine? Yes! Are they involved? Yes…is it continuing? Yes. Did they know it would have harmed? Yes. Can they be stopped? Yes, by us in courts and ballot box. We can do this if we target the upcoming midterms and force the congress and Senate to vote against this PREP ACT. James Roguski leads that charge. The PREP Act gives HHS Secretary all types of powers to enable a declaration of emergency and keep it there. This is where I am calling on RFK Jr. to stand against this and call for the rescinding of the PREP Act. Before he joined Trump, he questioned the PREP Act and said all the right things as to the deadly OWS and mRNA vaccine. I call on him to return to the giant principled Bobby Jr., the real population advocate.
6   Patrick   2025 Jun 19, 9:43pm  

https://bailiwicknews.substack.com/p/repealing-prep-act-and-terminating


HHS Secretary Robert F. Kennedy Jr. cannot repeal the PREP Act.

Congress can repeal it.

Kennedy can advise Congress to repeal it.

Without any Congressional action at all, Kennedy has the authority to withdraw, through Federal Register notices, the determinations and declarations that previous HHS secretaries issued through Federal Register notices, using the authority Congress transferred to the HHS Secretary through the PREP Act.

There have now been 12 amendments to the original Covid PREP Act determinations and declarations, most recent issued in Dec. 2024 by previous HHS Secretary Xavier Becerra, extending the declaration through Dec. 31, 2029.

Every day that passes without Kennedy issuing a Federal Register notice terminating the determinations and declarations, Kennedy co-signs and ratifies license-to-deceive and license-to-kill schemes initiated by Alex Azar and extended by Becerra.

Even if Kennedy did issue a notice terminating the Covid emergency determination and the Covid countermeasures declaration, I don’t think it would make anyone civilly or criminally liable for the acts and omissions committed between Feb. 4, 2020 and the effective date of the termination, when the PREP Act determinations and declarations were in effect.

Terminating the PREP Act determinations and declarations could expose perpetrators who make and use the poison products after the date of termination, to potential civil liability and criminal prosecution, although they would still have many other grounds for dismissal and defenses under 1950 Defense Production Act, 1986 NCVIA and the foundational FDA biological product non-regulation system that dates back to 1902.

Rather than expose themselves to those risks, the makers and users of the poison products might stop making and using them, and many more people might better understand the license-to-deceive and license-to-kill schemes, and might stop taking vaccines and stop vaccinating babies and children.
8   Patrick   2025 Jun 27, 1:09pm  

https://www.trialsitenews.com/a/fy-2026-budget-quietly-spurns-new-funding-for-covid-19-injury-claims-raising-transparency-and-trust-concerns-aacdff39


In a little-noticed move, the Trump administration’s fiscal year 2026 budget proposal for the Administration for A Healthy America (AHA) includes no new funding for the Countermeasures Injury Compensation Program (CICP), the federal program designed to compensate Americans injured by COVID-19 vaccines or other pandemic countermeasures. Buried in budget documents, officials justify the decision by pointing to “carryover funding” from prior years, effectively leaving the program to operate on leftover funds. ...

Under the 2005 PREP Act (Public Readiness and Emergency Preparedness Act), people injured by COVID-19 vaccines and treatments cannot sue manufacturers or providers in civil court – lawsuits are barred except in cases of willful misconduct...

In exchange for broad immunity granted to vaccine makers and others, the CICP was supposed to be an efficient avenue for injured patients to receive compensation. If that avenue proves inadequate – whether due to lack of funds, administrative bottlenecks, or overly stringent standards – injured individuals are essentially left with no recourse.

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