Federal law is explicit in that no person can require any other person to inject a drug, biologic, or device under an EUA, EUI, or the PREP Act as a condition of anything.
In the most bizarre set of circumstances in the annals of American history, no state attorney general fully read the EUA, which states, "Nothing in this section provides the Secretary any authority to require any person to carry out any activity that becomes lawful pursuant to an authorization under this section (21 U.S.C. § 360bbb-3(l))." In plain language, the HHS Sec can grant expanded access protocols to experimental products, but he may not require anyone to manufacture, distribute, administer, or receive the product. Furthermore, no person may establish a law, regulation, custom, or ordinance conflicting with this statute as ALL 50 states have.
Our lawsuits to date have proven this aspect to such a degree that defendants do not argue they had the right to issue their mandate. Therefore, to end the madness of mandates, dozens of lawyers have agreed to request declaratory judgments and injunctive relief for persons under current mandates. The actions will seek relief from unlawful acts by state governors, AGs, HHS directors, and unemployment agencies. These actions typically take weeks, not months, to secure.
Our success means mandates involving masks, testing articles, COVID-19 drugs, and influenza mandates end immediately with strong court precedents. No person can be required to forfeit their Constitutional Equal Protection and Due Process rights as a condition to sell their labors in the marketplace or enjoy a privilege of the state such as education.
Based on funding, we plan to start filing these actions in the first week of November.
You can view our significant lawsuits against hospitals and local governments at covidpenalty.com.
I sincerely appreciate your consideration, and we will file in as many states as possible based on funding.
