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On why Biden’s comment that ‘the pandemic is over’ doesn’t lift the bioterrorist police state jackboot off our necks.
From email correspondence with some attorneys about the pro se campaign and PREP Act preemptions of federal and state tort law.
As to the PREP Act, I am curious why we are not insisting that when Biden declared Covid as over, the PREP Act is over too.
My reply, revised and expanded:
There are at least three Covid-related state of emergency declarations still in force.
Biden saying that the pandemic is over in a press conference doesn’t officially revoke the presidential declarations and proclamations of a national emergency due to Covid, issued under the National Emergencies Act of 1976 and the Stafford Act of 1988.
President Biden’s press conference comments also don’t revoke the ‘public health emergency’ declaration issued by HHS Alex Azar on Jan. 31, 2020 (retroactive to Jan. 27, 2020) under Section 319 of the Public Health Service Act, as added in 1983 and amended by the 2005 PREP Act to put the power to declare public health emergencies into HHS secretary’s unilateral hands.
All three of these Covid-era emergency declarations have been extended repeatedly by Trump, Biden, Azar and Becerra.
The HHS Secretary public health emergency declaration was most recently extended on July 15, 2022, with the next extension expected before the current one expires Oct. 13.
In addition, the state of national emergency proclaimed by President Bush on Sept. 14, 2001 in response to ‘terrorism’ under the 1976 law is still in force. It has been renewed every year since by Bush, Obama, Trump and Biden.
All four of these declarations and proclamations triggered expanded federal government authorities and limits to state, local and individual power, at least until a federal court finds that the proclamations — and the 1976, 1988, 2005 and related statutes under which they’ve been issued — are unconstitutional, null and void.
Or until Congress repeals the enabling statutes.
Or until the People of one or more states, working independent of the federal government through their own legislatures, governors, courts and state constitutions, block the effect of these federal power grabs within their own state borders as unconstitutional, null and void violations of the Tenth Amendment to the US Constitution.
Several members of Congress, led by Senator Roger Marshall of Kansas, have attempted to pass legislation to terminate the emergency declarations, without success. Marshall’s bill passed the Senate in March 2022, but the House refused to take it up, and Biden promised to veto it.
Even if such a bill got through Congress with a veto-proof majority, the biomedical police state laws on the books specifically exclude Congressional and court review of HHS declarations and actions. (See, for example, 42 USC 247d-6d(b)(7), as amended in 2005 by PREP Act, blocking court review.)
Again, the beatings will continue until
morale improves a federal court finds the enabling statutes including the 2005 PREP Act, the 1988 Stafford Act, and the 1976 National Emergencies Act are now and have always been unconstitutional.
Or until Congress repeals those laws with veto-proof majorities.
Or until individual states take steps to block the effect of those federal laws within their own state borders.
The legal conditions for suspending all conflicting laws and constitutional rights are still firmly in place, for so long as the federal courts, Congress and each state government allows the federal executive usurpation under emergency declarations and proclamations, and the statutes authorizing those executive proclamations, to remain in force.