Petition challenging constitutionality of the PREP Act filed with SCOTUS
Hogan v. Lincoln Medical Partners
PREP Act (aka license to kill) and Countermeasures (aka, weapons disguised as medicines) have been thankfully gathering increased attention from the legitimate health freedom community. However, the kill box constructed with illegal laws that
has written about for several years, has been studiously ignored or downplayed by the false “freedom leaders”. The controlled or simply disingenuous narrative is easy to spot - they say covid vaccines are bad and will discuss vaccine harms, but will not admit this is an intentional government led deployment of military countermeasures (weapons) under the PREP Act (license to kill). The controlled narrative insists that the pandemic was real and the response was a mismanaged public health issue due to incompetence, corporatism and corruption.Recently, Robert Malone, in his usual fashion, realized that he can no longer deny that the PREP Act is a fundamental problem, and published a misleading article, full of contradictions and plainly wrong statements - such as claiming that if the PREP Act covid declaration is terminated, covid shots won’t be covered by NVICP! They were never covered by NVICP in the first place. They belong to a different unfunded black hole - Countermeasures Injury Compensation Program (CICP). It appears Malone’s article was written largely by AI and nobody checked its hallucinations. Malone also pretends that my colleagues and I do not understand the difference between the PREP Act itself (requires Congressional repeal) and the emergency declarations made by the HHS Scy under PREP Act. Rest assured, we do. It’s Malone who is misrepresenting the facts here. This post by Katherine Watt explains the true facts with respect to this law and what HHS Scy can and cannot do.
Bottom line, friends don’t let friends read nonsense from the likes of Malone.
End of PSA.
Hogan Petition to SCOTUS
My focus today is the petition to the Supreme Court filed by plaintiffs in the case that was dismissed by the Supreme Court of Maine ruling that injecting a child with an EUA Countermeasure (covid shot) against parental consent did not break the law, siding with the pre-emption of the state law by PREP Act. This ruling directly contradicted that of the Supreme Court of North Carolina, in a very similar case. I have written about both cases:
For background about PREP Act and why I consider it unconstitutional see this article:
Legal briefing about federally-declared Countermeasures under PREP Act emergency declaration:
Hogan SCOTUS petition challenges a ruling by the Maine Supreme Court, which held that 42 U.S.C. § 247d-6d (the PREP Act) preempts state common-law claims, including battery and constitutional injuries, when a federally declared "countermeasure" (such as a vaccine) is administered to minors without parental consent. The Petitioners argue that the PREP Act's immunity provisions, as interpreted by the Maine court, are unconstitutional.
Broad Preemption and Immunity under the PREP Act (as interpreted by Maine):
The Maine Supreme Court's core finding was that "42 U.S.C. § 247d-6d preempts state actions asserting battery and constitutional injuries resulting from injections of minors without parental consent when a federally declared 'countermeasure' is the injection at issue." The court held that even a provider's "failure to obtain parental consent in this individual instance does not make the administered vaccine... any less of a 'covered countermeasure' under § 247d-6d(i)(1)(C)."
Summary of the Petitioners' argument:
Exceeding Enumerated Powers: Congress lacks the constitutional authority to regulate health matters (like vaccine administration) or the practice of medicine within states, as these fall under the Tenth Amendment's reserved police powers.
Lack of Interstate Commerce Connection: The PREP Act, particularly concerning intrastate vaccine administration, has no substantial effect on interstate commerce, which is the primary basis for federal legislative power in this area. The Petitioners argue that "the act of giving an unwanted vaccine to a student in an elementary school in Maine simply has no substantial effect on interstate commerce." Drawing parallels to United States v. Lopez (1995) and Jones v. United States (2000), they assert that intrastate activities like a student vaccination at a local school do not fall under the Commerce Clause.
Deprivation of Due Process and Right to Jury Trial: The PREP Act, by granting broad immunity, effectively denies injured parties access to state courts and the right to a jury trial for common-law torts, violating the Fifth, Sixth, and Seventh Amendments. Petitioners argue that Maine law recognizes a common-law battery claim with a right to a jury trial (Maine Constitution, Art. I, § 20). The PREP Act, as applied, "unconstitutionally deprives parties injured by the... unwanted vaccine" of their right to sue in state court and to a jury trial. Under the PREP Act, claims are limited to "death or serious injury" based on "willful misconduct" and must be filed in Washington, D.C. (§ 247d-6d(e)(1)), or an administrative claim through the "Covered Countermeasure Process Fund" (§ 247d-6e), which is dependent on Congressional appropriations. This scheme, they argue, leaves "injured parties without a real remedy or access to the courts in their own state, and without the right to a jury trial there, is violative of both substantive and procedural due process."
Violation of Parental Control and Bodily Integrity: Administering a vaccine to a minor without parental consent, and then granting immunity for such an act, abridges the fundamental constitutional rights to bodily integrity (of the child) and parental control (of the parents) under the Fourteenth Amendment. Parental rights are described as a "fundamental liberty interest" under the Fourteenth Amendment (Santosky v. Kramer, 1982), and are "inextricably linked with the parents’ interest in and obligation for the welfare and health of the child" (Parham v. J.R., 1979).
Unconstitutional "Commandeering" of State Courts: The PREP Act compels state courts to dismiss otherwise valid state-law claims, thereby "commandeering" state judicial processes in violation of the Tenth Amendment and established Supreme Court precedent. The Petitioners argue that the PREP Act, by compelling state courts to dismiss valid state-law claims, "commandeers" the state judicial apparatus, which is unconstitutional. They refer to the "anticommandeering doctrine" established in New York v. United States (1992) and reinforced in Printz v. United States (1997) and Murphy v. NCAA (2018).
Abnormal Legislative Adoption: The PREP Act was inserted into an appropriations bill at the last minute, bypassing normal legislative deliberation and debate, raising concerns about its legitimacy and scope.
Conflict in State Courts: There is a "confusion and conflict in state courts" regarding the application and scope of the PREP Act's immunity provisions, warranting Supreme Court review.
Additionally, the petition points out that the PREP Act's provisions were "inserted into an appropriations bill at the last minute… without undergoing the open deliberations and debate that are fundamental to the democratic process." This violates House Rule XXI and Senate Rule XVI, which "prohibit ‘legislation’ from being added to an appropriation bill." This "abnormal adoption" means "no Congressional or Committee Reports related to the PREP Act provisions in the legislative history of this act," and thus "no Congressional review or debate was held concerning the meaning and constitutional import of the provisions therein."
The passage of this legislation was described in detail in these posts by
:Question Presented for Certiorari
Since the North Carolina Supreme Court recently concluded that the PREP Act did not provide immunity against constitutional torts, in direct contradiction to the ruling of the Maine Supreme Court, the Petitioners emphasize a confusion and conflict in state courts regarding the application of the PREP Act.
Is 42 U.S.C. § 247d-6d, when read to grant immunity against all state-law claims in favor of parties who administer a vaccine to a child when the parents of that child have not consented thereto, constitutional?
This is a GREAT question! We await the answer.
Art for today: Purple Irises, oil on panel, 9x12 in.
Thanks for your continued covered of the PREP "Kill Act." As I've said inumerable times: the right to refuse a vaccine, a mRNA gene editing shot, or any medical procedure is an inalienable right that has been ignored for far too long. This should be at the forefront of this debate. I will repost a text I sent the other day because people should read the two books cited to understand the insanity of this growing forced vaccination agenda.
I also want to mention that FB is uping their censorship of us Anti-Globalists. They are doing this by two measures: extremely limiting the distribution of our essays to groups (from unlimited to like 4 posts) and not making the urls "clickable" (making it far more unlikely that our essays will be read). My latest essay, which is being censored, exposes globalist funding to continue their Open Borders initiatives: both in the US and throughout the planet. I'll be writing an essay about this in the near future. As I've said this Globalist Hydra continues despite shifting public against the larger globalist agenda.
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It's funny how even I forget everything that happened during Trumps Covid Lockdown and later Biden's forced vaccination agenda: the dancing nurses, the masks, the 6 foots distancing markers at the checkouts. Like Malone I haven't had any form of vaccnation in the past 60 years (b.1954). I suppose it is human nature and cognitive dissonance that explains why one of your guests just insisted you stop talking about the Plandemic. It is also rather childish.
At any rate every human should have the inalienable right to refuse any medical procedure including a vaccine. And that is yet to be realized. But the undeniable fact is in 300,000 years of human history injectable vaccines have only been with us for less than 200 years. And when you look at the history of vaccines it becomes glaringly obvious it is nothing more than a Psyop perpetrated through 150 years of what I would call Rockerfeller Medicine. Two books that I would recommend are the following:
Turtles All The Way Down: Vaccine Science and Myth (2022)
https://www.amazon.com/Turtles-All-Way-Down-Vaccine/dp/9655981045?
Dissolving Illusions: Disease, Vaccines, and The Forgotten History (2013)
https://www.amazon.com/Dissolving-Illusions-Disease-Vaccines-Forgotten/dp/1480216895
If nothing else simply read the sample materials.
I write as an Anti-Globalist and I wish more people saw this entire "mess" through the lens of globalism: Mass Migration perpetrated by the UN, Forced vaccination perpetrated by the WHO. In my latest essay I try to disassemble what is really going on with the Anti-ICE protests which I predict will be expanding in the coming months. It is all part of a broader globalist agenda whose end game is global slavery through digital ID and digital currency. I'm not the least bit convinced that us Anti-Globalists will prevail at this point. But I will still write and I will still hope.
Vindication For The Unvaccinated?
Truth Is Not Readily Confessed
https://reportfromplanetearth.substack.com/p/vindication-for-the-unvaccinated
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FB is censoring this essay. Read and you will understand why. Please share widely.I just updated my latest essay to include coverage of the Dark Money -- from Soros and Arabella -- financing the Anti-ICE Protests. The future of America is at stake. This essay is the most comprehensive coverage of the Anti-ICE LA Riots. It covers the recent LA Riots and how they compare with the George Floyd riots of 2020. The primary purpose of the LA Riots are obviously to deter Trumps ICE deportation strategy in hopes of reversing Trumps efforts till 2028, when the Globalist Democrats can elect another Democrat Globalist. I will also discuss the growing public resistance to the UN's mass immigration strategy being perpetrated throughout the EU and other nations. And finally I will discuss the implications of the 300+ "No Kings" demonstrations, set for June 14th, which are also being staged to stop Trumps mass deportation agenda. To be clear I fully support Trump deporting every Illegal Alien that came in under the Biden Administration. (Updated (06/17/2025))
The Anti-Ice Riots in LA and the coming Color Revolution to Destroy America
Meanwhile Support for Mass Deportation is at an all time high globally
https://brucecain.substack.com/p/the-anti-ice-riots-in-la-and-the
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Finally I may start doing my videos again after a 2 year hiatus. If I do this I would love to do a podcast so you can summarize the many issues you've been covering. We are in need of a united Anti-Globalist uprising.
No doubt they have to keep the illusion that the fake pandemic was real so that they can orchestrate many more at the command of billy g or the deep state or whoever demands a new pandemic be perpetuated upon the public for the express purpose of more mRNA poisonings.
Obviously the government is never in the mistake admitting business so I don't expect congress to do jack shyt. As par for their existence, they will go through the motions, maybe.
With hundreds of mRNA poisons on the back burner undergoing development, there is little question as to what the government, Trump, the HHS and congress are planning for us.
All in alignment with the deep state that no one wants to admit exists. But something or someone is the driving force behind the depopulation agenda and that is all mRNA poisons can ever be used for.