The PREP Act Swallowed the Bill of Rights

The PREP Act Swallowed the Bill of Rights

Brownstone Institute

By: Brownstone Institute

The US sold its citizens’ right to jury trials to the country’s largest lobbying force, and Americans now bear the costs after Pharma cashed record profits.

The PREP Act, a 2005 statute invoked by HHS Secretary Alex Azar at the onset of the pandemic, guarantees immunity “with respect to all claims caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure,” including mRNA vaccines.

In effect, this serves as a “get-out-of-jail free card for anyone connected with the Covid shots,” as Alex Berenson explains in his recent reporting. While Covid products earned Pfizer over $50 billion in 2022, the PREP Act bars Americans from suing from injuries or medical misconduct related to the broad definition of “covered countermeasures.”

Berenson surveys an array of cases across the country. In Oklahoma, a woman claimed she entered a Walgreens store for a flu vaccination, but an employee administered a Covid vaccine without her knowledge. In Kansas, a pharmacist allegedly administered a Covid shot to a minor child without parental consent. In North Carolina, a parent brought suit when her son showed up for a Covid test but vaccinators gave him an RNA jab without permission. Under the PREP Act, courts have dismissed all their cases.

But this phenomenon is not limited to the Covid response.

Hannah Brusewitz, born in 1991, suffered over 100 seizures after receiving her DTP vaccine, resulting in permanent brain damage. The Supreme Court held that she could not sue the vaccine’s manufacturer for her injury because of a sweeping liability shield that President Reagan signed into law in 1986, preempting suits for “all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects.”

The two-tiered system of justice, in which Big Pharma enjoys the windfalls of mandates without the costs of legal liability, is a direct affront to our Bill of Rights. It is exactly what the Seventh Amendment was designed to prevent.

The Overthrow of the Seventh Amendment

The Framers ratified the Seventh Amendment, guaranteeing Americans the right to a jury trial, to protect citizens from the undue influence of commercial powers that would otherwise corrupt the judicial system for their own benefit.

It was not an afterthought or a technicality; pamphleteers called it “essential in every free country,” warning “the well born” would wield the power of the judiciary, and they would be “generally disposed, and very naturally too, to favour those of their own description.”

The Declaration of Independence listed the denial of the “benefits of trial by jury” as a grievance giving rise to the Revolution, and Sir William Blackstone called jury trials “the glory of the English law,” for their absence would create a judicial system run by men with “an involuntary bias toward those of their own rank and dignity.”

The Seventh Amendment, in conjunction with the Fifth Amendment’s right to due process, served as the legal underpinning for the American ideal of equality before the law. But that posed a great inconvenience for Big Pharma.

In 1985, the New York Times eulogized the era of profits in the pharmaceutical industry. The prediction could not have been more wrong.

Glory Days End for Pharmaceuticals,” the Gray Lady declared. The article cited growing competition and legal liabilities as signs that “the big drug companies have suddenly found themselves mired in the same sort of troubles that have plagued less-glamorous industries for years.”

Inevitably some [companies] will face staggering liabilities and lengthy court cases on approved drugs that later turn into flops,” journalist Winston Williams wrote.

Of course, the glory days did not end for Big Pharma.

From 2000 to 2018, 35 pharmaceutical companies reported cumulative revenue of $11.5 trillion. A study found that this was “significantly greater than other larger, public companies in the same time frame.” Pfizer’s annual revenue jumped from $3.8 billion in 1984 to a record $100 billion in 2022. The United States’ spending on healthcare, as measured as a percentage of its GDP, has more than doubled in the last 40 years.

The subversion of the Seventh Amendment has been integral to that process. In the late 20th century, vaccine companies began prioritizing corporate profits over safety concerns. For example, Wyeth (now Pfizer), knowingly marketed a less safe version of the DPT vaccine when internal corporate documents showed that the “purification process” would result in a “Very large increase in the cost of manufacture.”

Instead of reducing profit margins, Wyeth and other pharmaceutical companies lobbied Congress to pass the 1986 National Childhood Vaccine Injury Act. The NCVIA codified the recommendations of a study, funded by Merck and Lederle, that absolved vaccine manufacturers from liabilities from vaccine injuries.

The liability shield resulted in a boom for corporate profits, and the courts offered it extreme deference. After the 1986 Act, the childhood vaccination schedule exploded from three recommended vaccines (DTP, MMR, and polio) to 72 shots. In retrospect, the glory days hadn’t even started for pharmaceuticals in 1985. Under updated legislation, the government could mandate shots, guaranteeing billions of dollars in revenue for Merck, Pfizer, and other drug manufacturers, while transferring the cost of their products onto the taxpayer.

Selling the Seventh Amendment

The revolving door between government and Big Pharma has led to a legal system of men who favor “those of their own rank,” just as Sir Blackstone warned.

In 2018, Kaiser Health News found that “Nearly 340 former congressional staffers now work for pharmaceutical companies or their lobbying firms.”

Alex Azar, the HHS Secretary responsible for enacting the PREP Act, was president of the US division of Eli Lilly from 2012 to 2017. Scott Gottlieb resigned as Commissioner of the FDA in 2019 to join Pfizer’s Board of Directors, where he advocated for lockdowns and censorship during Covid, even encouraging Twitter to suppress pro-vaccine doctors who discussed natural immunity. 

White House Counselor Steve Richetti worked as a lobbyist for twenty years before joining the Biden administration. His clients included Novartis, Eli Lilly, and Pfizer. The New York Times described him as “one of [Biden’s] most loyal advisers, and someone Mr. Biden will almost certainly turn to in times of crisis or in stressful moments.”

The revolving door has been accompanied by unprecedented lobbying and marketing efforts. From 2020 to 2022, the pharmaceutical and health products industry spent $1 billion on lobbying. For context, this was more than five times as much as the commercial banking industry spent on lobbying during the same time period. In those three years, Big Pharma spent more on lobbying than the oil, gas, alcohol, gambling, farming, and defense industries combined.

The influence efforts expanded to citizens and news outlets as well. Pharmaceutical companies spend significantly more money on advertising and marketing than research and development (R&D). In 2020, Pfizer spent $12 billion on sales and marketing and $9 billion on R&D. That year, Johnson & Johnson devoted $22 billion to sales and marketing and $12 billion to R&D.

The industry’s efforts were rewarded. Billions of dollars in advertising resulted in millions of Americans tuning into programming sponsored by Pfizer. The press promoted their products and seldom mentioned Big Pharma’s history of unjust enrichment, fraud, and criminal pleas.

This was the center of an international marketing campaign, designed to control the courts, the media, and public perception. In Pfizer’s 2022 Annual Report, CEO Albert Bourla stressed the importance of customers’ “positive perception” of the pharmaceutical giant.

2022 was a record-breaking year for Pfizer, not only in terms of revenue and earnings per share, which were the highest in our long history,” Bourla noted. “But more importantly, in terms of the percentage of patients who have a positive perception of Pfizer and the work we do.”

The industry dedicated billions of dollars to manipulating Americans into taking its products while their government stripped them of their right to legal action; citizens, devoid of the ability to hold the companies accountable in the court of law, continue to subsidize the federal-pharmaceutical hegemon with their tax dollars.

As noted in How Government Insulated Big Pharma from Liability: “In effect, the federal government sold the Seventh Amendment to the largest lobbying force in the country. This transferred power from the citizenry to the nation’s ruling class and exchanged a constitutional right for a corporate liability shield.”


This article (The PREP Act Swallowed the Bill of Rights) was originally created and published by the BROWNSTONE INSTITUTE and is republished here with permission and attribution to the author Brownstone Institute and

About the Author: for Social and Economic Research is a nonprofit organization conceived of in May 2021 in support of a society that minimizes the role of violence in public life.

Image Credit: Graphic in the Featured Image (top) – Pixabay License.


Also by this Author:

A Close Look at the Amici Briefs in Murthy v. Missouri

Constitutional Crisis & Murthy v. Biden

Free Speech On Trial

Assange, Elon, & The News Not Fit To Print

The DOJ Quietly Prosecutes The Covid Resistance

The CDC Doctor Responsible For Hiding Myocarditis & Promoting Vaccines

Had You Known, Would You Have Taken The Jab?

The High Stakes In The Legal Battle For Free Speech

The Censors’ Henchmen

United States: 50 Little Dictatorships



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1 Comment on The PREP Act Swallowed the Bill of Rights

  1. All government employees (Public servants) and agencies, including all State legislatures, are bound by the Constitution and MUST NOT create any defacto ‘laws’ which counter the Constitution:

    “This Constitution, and the Laws of the United States which shall be made in pursuance thereof;… shall be the Supreme Law of the land; and the judges in every state shall be bound thereby… The senators and representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.” The Constitution of the united States of America, Article VI, Cl 2, 3.

    Any ‘laws’ created by Public servants within Our Government which are repugnant to The Constitution carry NO force of law and are VOID:

    “An Unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment… In legal contemplation, it is as inoperative as if it had never been passed… Since an Unconstitutional ‘law’ is void, it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it… A void act cannot be legally consistent with a valid one. An Unconstitutional law cannot operate to supersede any existing law. Indeed, insofar as a statute runs counter to the Fundamental Law of the Land, (the Constitution JTM) it is superseded thereby.

    No one is bound to obey an Unconstitutional law and no courts are bound to enforce it.” Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886). See also Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); State ex rel Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); State ex rel Kleist v Donald, 164 Wis 545, 552-553; 160 NW 1067, 1070 (1917); State ex rel Martin v Zimmerman, 233 Wis 16, 21; 288 NW 454, 457 (1939); State ex rel Commissioners of Public Lands v Anderson, 56 Wis 2d 666, 672; 203 NW2d 84, 87 (1973); and Butzlaffer v Van Der Geest & Sons, Inc, Wis, 115 Wis 2d 539; 340 NW2d 742, 744-745 (1983).

    “Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, essential to all written Constitutions, that a law repugnant to the Constitution is void;” and the courts, as well as other departments, are Bound by that instrument.” Marbury v Madison, 5 US 1803 (2 Cranch) 137, 170?180, and NORTON v. SHELBY COUNTY, 118 U.S. 425….

    THE PENALTY FOR HIGH-TREASON IS DEATH – PERIOD & EVERY Public servant At EVERY Level “Within” Our Government IS GUILTY of “pushing forward” a different form of govt…We’ve Been Made Aware of ‘their’ Global agenda. DANIEL 12:4

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