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What’s Next for Cali. AB 2098, and What it Means for Docs if it passes

What’s Next for Cali. AB 2098, and What it Means for Docs if it passes

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Cali. AB 2098 has now passed the Assembly and is in the Senate for consideration. As a reminder, AB 2098 makes it a board disciplinable offense for physicians to spread “Covid misinformation” to their patients. I think you can assume that questioning the safety and efficacy of the Covid vaccines, and speaking positively about the off-label and conventional medicine rejected pharmaceutical Covid treatments (Ivermectin and HCQ) would also be considered by the Board to be Covid misinformation or disinformation. Questioning…

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The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

The Cali. Medical Board is Trying the Get the Power to Conduct Warrantless Searches, but I don’t think that dog will hunt

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At the Medical Board of California’s behest, the Senate has introduced SB 920 which grants the Board power to conduct warrantless searches of a physician’s office including medical records without the patient’s prior knowledge or consent. This bill is a radical departure from current practice, and I happen to think the bill is unconstitutional. This is just one of many bills which have been introduced which target physicians and patients as a result of the pandemic. I know that activist…

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Some Informal Advice for Docs writing Ivermectin and HCQ Scripts

Some Informal Advice for Docs writing Ivermectin and HCQ Scripts

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I have worked on medical board cases around the country for a long time. My particular specialty is unconventional therapies, either not FDA approved/cleared, or off-label use of FDA approved therapies (and diagnostics). I also spent a couple of decades advocating for expanded access to investigational drugs. We are two years into the COVID pandemic. We have vaccines, and we’re starting to have EUA drugs for treating the virus. Right now, we are in a covid lull, at least in…

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Some Big Picture Thinking as COVID Mandates Wind Down Around the World

Some Big Picture Thinking as COVID Mandates Wind Down Around the World

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We are about to begin the third year of the COVID pandemic. Restrictions are rapidly winding down throughout the country (and the world). It is the hope and expectation that we are entering the endemic stage of the disease and normalcy will return. Therefore, it is a good time to reflect on things in a big picture way and think about lessons learned from the last two years. The Upside of COVID Polarization America is a big country that is…

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All eyes are now on the Sixth Circuit as it considers whether to lift the Fifth Circuit’s stay of the Biden OSHA COVID mandate

All eyes are now on the Sixth Circuit as it considers whether to lift the Fifth Circuit’s stay of the Biden OSHA COVID mandate

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To recap, the Fifth Circuit recently stayed the implementation of the Biden Administration’s OSHA-created COVID vaccine mandate. I think the Fifth Circuit’s decision is clear, cogent, and powerful. Here it is and it is well worth reading. 5th Stay And let’s face it, there aren’t many opportunities to read appellate court decisions which temporarily stop a vaccine mandate and which agree with what you believe in. One of the most heartening things about the opinion for those opposed to the…

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If You are a Kaiser employee or have a child in the San Diego School District and were hoping for injunctive relief from the COVID Mandate, sorry, it’s not happening

If You are a Kaiser employee or have a child in the San Diego School District and were hoping for injunctive relief from the COVID Mandate, sorry, it’s not happening

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Yesterday, federal courts in the Northern and Southern districts of California denied requests for injunctive relief for Kaiser employees and San Diego school district kids whose parents didn’t want them to take the COVID vaccine. No surprises here. The SD school district case upheld the mandate that prohibits in-person learning or in-person extracurricular activities without complying with the vaccine mandate. Here is the opinion. Thomas More SD TRO Denied. The plaintiffs tried to assert a free exercise clause argument based…

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The OSHA COVID Mandate Overreach (updated)

The OSHA COVID Mandate Overreach (updated)

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I have to say, I didn’t see the OSHA COVID mandate coming. I get Jacobson (and I happen to think that the core legal principle will be upheld), but part of what I take from that case is that it’s the police powers of the states and local governments which are directly responsible for public health. We do live in a federal system where there is an overlap of governmental jurisdictions and powers. However, other than the federal government’s jurisdiction…

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There is more to the Supreme Court’s Decision Not to Hear Maine’s Heathcare Worker’s Vaccine Mandate than the Headline

There is more to the Supreme Court’s Decision Not to Hear Maine’s Heathcare Worker’s Vaccine Mandate than the Headline

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On Friday it was widely reported that the Supreme Court decided not to take up an emergency application for a stay of Maine’s vaccine mandate for healthcare workers, which mandate had a medical but not a religious exemption/accommodation. But, there was actually more going on at the Supremes than the headline indicated, and it is very welcome news for those who believe there is a constitutional right to a religious exemption to a vaccine mandate. The result of course was…

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Breaking News on the Second Circuit’s Review of the NY Department of Health Vaccine Mandate and MORE BREAKING NEWS FROM THE SUPREME COURT

Breaking News on the Second Circuit’s Review of the NY Department of Health Vaccine Mandate and MORE BREAKING NEWS FROM THE SUPREME COURT

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As expected, the the Second Circuit has just issued an order reversing the Northern District of New York’s preliminary injunction barring New York from enforcing its COVID vaccine mandate for New York State health care practitioners. It also affirmed the Brooklyn district court’s denial of the preliminary injunction against the same law filed by We the Patriots. All we have so far is the order which says that a decision will be issued “expeditiously.” Here is the order FWIW. 2nd…

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My Prediction about the The Second Circuit’s Oral Argument on the NY Department of Health COVID Vaccine Mandate on Health Care Workers Case

My Prediction about the The Second Circuit’s Oral Argument on the NY Department of Health COVID Vaccine Mandate on Health Care Workers Case

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My prediction: 3-0 vote to overturn the Northern District’s preliminary injunction order and affirm the Brooklyn District Court’s denial of a preliminary injunction The scariest moment for Judge Debra Livingston (and maybe the rest of the panel): She asked the We the Patriots Attorney if they ruled that the DOH order violated the free exercise clause because it didn’t allow for a full-on religious exemption, would that mean that all mandatory vaccines which didn’t have a religious exemption would be…

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