It’s been over six months since my last post. Sorry about that, but life got as hectic as a diner at breakfast rush, and you’re about to find out why. Here’s the skinny: We’ve had this little thing called an election recently, but let’s save that juicy bit for dessert. Kory v. Newson, the sequel to the AB 2098 blockbuster. Last we chatted, Judge Shubb threw a curveball at our preliminary injunction motion by resuscitating the professional speech exclusion for…
Yesterday, April 23, 2024, Judge Shubb denied our motion for a preliminary injunction in Kory v. Bonta. The case, as you will recall, was a follow-up to the Hoang and Hoeg cases challenging AB 2098, where in January 23, 2023, Judge Shubb granted a preliminary injunction baring enforcement of the law. The judge recently dismissed both of those cases after the 9th Circuit dismissed the two other AB 2098 cases on mootness grounds, because the legislature repealed AB 2098 (Section…
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…
On Thursday, March 7th, we filed Stockton v. Ferguson in the Eastern District of Washington. Washington has prosecuted around 60 doctors, in whole or in part based of their speaking out in public against the mainstream Covid narrative. Since April 2023, I have been involved in one of these prosecutions, the one against Richard Eggleston. We had obtained a appellate court stay of the case, but it was recently vacated. So it was time to up the ante and change…
On Thursday afternoon, February 29th, the Ninth Circuit basically ended the AB 2098 litigation. The actual decision held that the McDonald appeal of Central District Judge Slaughter’s denial of a preliminary injunction against the law was moot, because AB 2098 enacted as Bus. & Prof Code 2270 had been repealed as of January 1st. The decision covered the related Southern District case where the judge refused to decide the preliminary injunction motion because of the pending McDonald appeal. The Ninth…
So here is what’s going on, some good, but some not so good, but even the not so good presents some opportunities. To recap, on January 2nd, we filed Kory v. Bonta, which takes the battle against the Cali. medical boards to the heartland of their powers, those being the power that no man (or woman) shall challenge, the STANDARD OF CARE. The point of Kory is that there is no more of a legitimate Covid standard of care than…
It is Wednesday January 3, 2024. Since 2022, I have been obsessed with “Covid misinformation”. I find it deeply disturbing considering how wrong public health authorities have been since the beginning. There is evidence suggesting that the authorities have knowingly mislead the public about the professed ability of the vaccines to prevent infection and transmission, which was the basis of the mandate, and which until the Covid vaccines, was the whole point of a vaccine, and not only the point…
No surprise here: The Supremes Stay Enforcement of the Biden v Missouri First Amendment Preliminary Injunction and take the case. In an unsigned order delivered yesterday, the Supreme Court placed a hold on the enforcement of the preliminary injunction—a decree dispatched by the Western District of Louisiana and later upheld, albeit with restrictions, by the Fifth Circuit in Missouri v. Biden. As you might recollect, this injunction threw a monkey wrench into the federal machinery, preventing various executive branch agencies…
In an entirely expected move, yesterday October 17th, the 9th Circuit issued an order asking the parties to submit supplemental filings on whether or not SB 815 which repeals the Cali. Covid Misinformation law (AB 2098 enacted as Bus.& Prof. Code Section 2270) as of January 1st, is moot. Here is the brief order. 9th Circuit Mootness Order AB2098 If you have been reading my past posts, you know that the AG and the medical board got the message from…
As all Cali. First Amendment lovers know, on Saturday, September 30th, Governor Newsom signed SB 815 which repealed the physician covid misinformation law, AB 2098, enacted as Section 2270 of the Business and Professions Code. On Monday morning, October 2nd, we asked our judge in Bonta v. Hoang (one of two related cases in which Judge William B. Schubb granted a preliminary injunction barring enforcement of AB2098) to change course and stop the medical boards from trying to censor physicians…