Counterspeech (13 September 2022) with Deana Pollard Sacks and Jim Fetzer

Former professors James Fetzer and Deana Sacks discuss the Third Circuit Court of Appeals Amicus Brief that Sacks filed on 9.12.22. The NATIONS IN ACTION Amicus Brief, written by Sacks, details the Supreme Court's Liberty Clause methodology for declaring a right fundamental, which triggers a stringent constitutional test (strict scrutiny) that renders most laws unconstitutional when challenged. Lower courts have all failed to conduct a fundamental rights analysis, which has led them to apply the wrong and very deferential constitutional test (rational basis review). This is why the COVID-19 vaccine mandates have been upheld against Liberty Clause challenges - the lower courts have applied the wrong test. The Amicus Brief explains it all. The parties in interest challenge the booster mandate in New Jersey and will appeal to the Supreme Court if the Third Circuit does not apply the correct test. For a copy of the Amicus Brief, send an email to Sacks at [email protected] with the subject line "Send Amicus Brief." Dr. Fetzer and Sacks discuss why the COVID-19 injection mandates cannot survive strict scrutiny based on the science and the lack of consensus even within the CDC concerning whether the boosters should be recommended.