Abstract:

This essay examines how COVID-19 era policies are a critical testing ground for constitutional rights and liberties in the United States. It discusses how federal funding mechanisms were used to implement mandates across various sectors of society, bypassing traditional constitutional constraints. The essay highlights the emergence of significant civil and legal resistance, noting the filing of thousands of federal cases and state cases challenging these policies. One focus is the Public Readiness and Emergency Preparedness (PREP) Act’s liability shield, which created substantial barriers to legal remedy for those claiming injuries from COVID-19 counter-measures. It outlines Freedom Counsel’s role in supporting strategic litigation across multiple areas of healthcare rights, including medical privacy, physician autonomy, and patient rights. The essay addresses efforts to pursue judicial and legislative remedies to address PREP Act immunity provisions. It concludes that an emerging civil rights movement is dedicated to restoring traditional constitutional limitations on government authority. This movement is led by individuals who experienced significant personal losses. The essay emphasizes the ongoing importance of constitutional vigilance in preserving essential liberties, despite changing political administrations.