Yesterday we had the hearings in the Hoang and Hoeg cases, that being the attorney general’s motion to dismiss both cases on mootness grounds. You will recall that on February 29th, the Ninth Circuit decided that the other two AB 2098 cases were moot and order the district court to dismiss the two cases and also the vacate their decisions, and really just means Judge Slaughter’s ridiculous and pretty ignorant decision indicating that AB 2098 was constitutional. And that was good news as far as I am concerned.

Honestly, ever since the Cali. Legislature decided back in September to repeal the law, I was ready to move on. Originally I tried to shift to the next problem which was the Board’s position that it could sanction doctors for Covid misinformation under their general standard of care powers. I tried to do it within out Hoang case, but the judge told me to file an new action, and that what I did in Kory v. Bota.

The Attorney General filed a motion to dismiss based on mootness. I decided not to oppose the motion because we had already moved on with Kory v. Bonta, and I couldn’t see how I could ask the judge to continue a case against a law that had been repealed where there was no indication that the legislature would reintroduce the another law.

The Hoeg plaintiffs took a different path and vigorously opposed the motion. The hearing yesterday wasn’t pretty for their lead counsel Jenin Younes, a super attorney of Biden/Murtha v. Missouri fame. But to say the wind was blowing against her was an understatement. It was more like a cat 54 hurricane, though Judge Shubb was polite and cordial. It took the judge all of one day to issue his opinion dismissing both cases. Here is the opinion. 033114345977

One day you’re the windshield, the next you’re the bug. We (the Hoang Plaintiffs) we got out before the collision, so we were neither.

So what about Kory and the preliminary injunction motion? As whenever I appear before Judge Shubb and AAG Kristin Liska, we had a lively discussion and a good time was had by all and she and I both got in our licks. I have to hand it to her, never in the annals of human existence, (or at least in that courthouse in that particular day), never has anyone argued so hard with so little behind it (law and precedent wise) and argued so confidently while being dead wrong. But then, I am on the other side, and what matters is what the judge thinks.
And on that, we will just have to wait and see. So keep those fingers crossed. I have a feeling it’s going to be a big decision, and I don’t think we will have long to wait. And yes, it’s alittle nerve-racking, but I am on a deadline for the Washington Covid misinformation theater of operations in the Stockton case. So I have plenty to keep my mind busy until we find out whether we can do a joint AB 2098 and Section 2234 funeral for one really bad idea which resurfaced after its apparent death by Shubb and the Ninth Circuit. So stay tuned.

Rick Jaffe, Esq.