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Category: Health Policy

I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

I’ve been pretty quiet for some time. Here is why: Hoang v. Bonta, challenging AB 2098

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Thursday afternoon, December 1st, we filed a lawsuit challenging California AB 2098 on behalf of a California osteopathic physician, LeTrinh Hoang, Physicians for Informed Consent, and Children’s Health Defense (California chapter). Here is the complaint: complaint Bobby K. and Mary Holland are working on the case with me (and my usual compatriots). Mary is working on the preliminary injunction motion as I write this. We expect to be before a federal judge in mid-January. Our case is somewhat different from…

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As expected,

As expected,

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Federal District Judge Slaughter denied the Plaintiffs’ Motion for a Preliminary Injunction stopping AB 2098 from going into effect and dismissed the complaint on standing grounds. However, he did give the Plaintiffs leave to refile to correct the standing defect. Here is the decision. Slaughter’d This was not a close case, and it’s not about the system being against people with a particular belief. The Plaintiffs did not adequately plead that they had the right to challenge the law. I…

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No Decision yet on the McDonald AB 2098 case, but methinks the writing is on the wall

No Decision yet on the McDonald AB 2098 case, but methinks the writing is on the wall

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Yesterday was the hearing/oral argument in the first challenge to Cali AB2098, the Covid misinformation bill. The case is McDonald v Lawson which is in Federal Court in the Central Disrict of California (Los Angeles). For such a big case, I thought the hearing was not very long and more tellingly, it focused on one issue only, standing, which is the suitability of the plaintiffs to bring the lawsuit. And frankly, I think that says it all. If the judge…

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The Cali AB 2098 Lawsuits So Far

The Cali AB 2098 Lawsuits So Far

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As you all know, on September 30th, Governor Newsom signed AB 2098, which created a sort of “new” Covid misinformation/disinformation law. I put “new” in quotes because the Medical Board took the position during the legislative process as well as in response to the first lawsuit challenging the law, that it already had the power to sanction physicians for spreading Covid misinformation to patients under its general powers. I personally think that’s a dubious proposition, but I suppose it does…

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Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

Round Two coming up in the AB 2098 Cali. Covid “Misinformation” Wars

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As I’ve stated in many of my AB 2098 posts, there will be several lawsuits challenging AB 2098. The first one was filed a couple of days ago. The plaintiffs are a psychiatrist who is already under investigation for public Covid misinformation to the public. The other plaintiff is a well-known physician activist who has a concierge practice in Orange country. I’ve seen the complaint, but I don’t think the preliminary injunction papers have been filed yet. I have been…

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Pretty Big Update on Mackenzie vs Cali. Medical Board: Board closes its investigation after we file suit, and we just filed an amended complaint

Pretty Big Update on Mackenzie vs Cali. Medical Board: Board closes its investigation after we file suit, and we just filed an amended complaint

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Perhaps by coincidence or lucky timing, six days after we filed the lawsuit against the Cali. Medical Board for investigating Doug Mackenzie for “covid misinformation,” the Board send him a letter saying that it was closing its investigation (which investigation was commenced in December 2021). I figured that would happen. So, today I filed an amended complaint adding a physicians’ group (Physicians for Informed Consent) as a plaintiff, to help rebut the anticipated argument that our lawsuit was moot. Here…

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How often has the CDC and the Medical Authorities been Wrong about Covid? Let me count the ways. (with apologies to Elizabeth Barrett Browning)

How often has the CDC and the Medical Authorities been Wrong about Covid? Let me count the ways. (with apologies to Elizabeth Barrett Browning)

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For my preliminary injunction motion in Mackenzie v Prasifka, I’d like to follow up something I talked about in the complaint and list all the ways the CDC and infectious disease experts got it wrong and had to reverse court and how subsequent studies confirmed things that the critics had been saying all along based on case reports and statements by line physicians. The point to be made is that whatever mistrust the pubic has about the vaccines or the…

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Watch Me on the Robert Scott Bell Show Today, July, 13th at 12:00 PM PDT speaking about my case defending physician free speech against government censorship

Watch Me on the Robert Scott Bell Show Today, July, 13th at 12:00 PM PDT speaking about my case defending physician free speech against government censorship

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I’ll be on Robert’s show today discussing the Mackenzie v. Prasifka (the ED of the Cali Medical Board). I’ll go into how I see the case going and why I think this case will end up at the Supremes in the next six-eight months. here is the link to listen to the show. http://www.robertscottbell.com/listen/ I don’t think there is a call-in portion. So: I think I’ll do a live Zoom broadcast on Friday to talk about the case and some…

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LAWSUIT! CALI. MEDICAL BOARD SUED FOR FREE SPEECH VIOLATIONS, (and there might be more lawsuits coming)

LAWSUIT! CALI. MEDICAL BOARD SUED FOR FREE SPEECH VIOLATIONS, (and there might be more lawsuits coming)

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Friday afternoon, I filed a federal civil rights lawsuit on behalf of a physician against the Medical Board of California for investigating him for speaking out in public against the government’s Covid mandates, and his questioning some of the “consensus” science and public health goals (zero Covid). Per the first sentence of the introduction, “This is a First Amendment challenge to the Medical Board of California’s attempt to intimidate by investigation, censor, and sanction physicians who publicly disagree with the…

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AB 2098 gets amended again, and the very minor protection is gone

AB 2098 gets amended again, and the very minor protection is gone

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To recap, AB 2098 is California’s attempt to effectuate the Federation of State Medical Board’s call-to-action to state medical boards to sanction physicians for criticizing the mainstream Covid narrative. The bill passed the Assembly and is now before the Senate. It is scheduled for a hearing on Monday, June 27th. In the last couple of days, I received two notices which raise some questions. First, Monday I received a notice from an activist reminding people that they had until the…

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