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Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

Rick’s Second 2024 Covid Misinformation Litigation Update, and there is plenty to Talk About

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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…

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A Judicial Fastball: The Supremes Hit a Long Pause on the Missouri v. Biden First Amendment Preliminary Injunction

A Judicial Fastball: The Supremes Hit a Long Pause on the Missouri v. Biden First Amendment Preliminary Injunction

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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…

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Is the Cali. Covid Misinformation Appeal Moot? That is the Question the 9th Circuit Just Asked the Parties.

Is the Cali. Covid Misinformation Appeal Moot? That is the Question the 9th Circuit Just Asked the Parties.

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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…

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Major First Amendment Update!

Major First Amendment Update!

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Folks, I will keep this pretty simple and straight: Biden v. Missouri As most of you probably know, Justice Alito stayed the 5th Circuit’s decision affirming a part of the lower court’s preliminary injunction against Biden Administration officals prohibiting them from attempting to force social media companies to censor public health information the government disagrees with and thinks is dangerous. For the reasons I set out in a recent post, https://wp.me/p7pwQD-1xW I am here to tell you that the 5th…

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Cali Legislature is about to pull the plug on Judge Shubb’s legally induced coma on the Covid Misinformation Law

Cali Legislature is about to pull the plug on Judge Shubb’s legally induced coma on the Covid Misinformation Law

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It was reported on Monday by the Los Angeles Times that legislators discretely incorporated the repeal of AB 2098, (Bus. & Prof. Code 2270), the temporarily enjoined Covid misinformation law, into the comprehensive health care boards bill, SB 815. Given the bias of the story, I won’t provide you the link to it. Instead, I will dive into the source: Here is the full SB 815 Bill Text – SB-815 Healing arts_. It is 28 pages. Like all bills, it…

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We Are Not Done with the Missouri v Biden Preliminary Injunction

We Are Not Done with the Missouri v Biden Preliminary Injunction

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WARM OFF THE PRESS: The Fifth Circuit affirms (in part) the Louisiana judge’s preliminary injunction stopping Biden government officials from interfering with the First Amendment rights of government officials and some private citizens from speaking out against the mainstream Covid narrative. (Well sort of, but not quite exactly.) The even better part is that the 5th agreed with the district court that the Biden administration likely violated the First Amendment rights of the state officials and private parties. And that…

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