Save the Date for the Mother of all AB 2098 First Amendment Hearings
So, here is the latest news. The hearing in our AB 2098 challenge Hoang v. Bonta, AND the hearing on the prior-filed case, Hoeg v. Lawson have both been set for January 23rd at 1:30 PM before Judge William B. Shubb.
So far, the judge is holding live hearings, with online zoom viewing for the public, but the live part could change depending on what happens with the trifecta of viruses and hospitalizations.
The judge may issue an order from the bench, or he may take the cases under advisement. However, one way or the other, between the two hearings, I think we’ll all know where he stands on the cases. Cali. is a tough place to litigate anything related to vaccines and information relating thereto, but hopefully, it’s different because it’s a first amendment issue, plus the obvious facts that they public health folks haven’t got it exactly right all the time.
There are still a couple of wrinkles that could change or shake things up, but, more likely than not, the motions will be heard on that day.
The Attorney General’s office is due to file its opposition papers on the Hoeg case this Monday, the 15th. The AG, per the rules, is supposed to file the reply to our motion by the 28th, (but it’s Christmas and I don’t like making lawyers (including me over the holidays, so the schedule might be tweeted a bit, but the 23rd for the hearing is firm as of now).
There are some similarities but many differences between the two live cases, and in particular on the standing allegations. We had the benefit of filing after the McDonald lawsuit was dismissed by Central District Judge Slaughter on standing grounds because the plaintiffs did not allege the requisite pre-enforcement injury. I don’t disagree with the judge’s decision, and I read their papers the day they were filed, I knew they would get thrown out of court, and that was one of the reasons decided to work on my own lawsuit. We tried very hard to make sure that our suit wouldn’t suffer the same fate (or at least the same defect). We’ll see how that works out in about six weeks.
Rick Jaffe, Esq.