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Tag: First Amendment

Join Them Now!

Join Them Now!

(Robert F. Kennedy Jr. Esq. for those of you who are reading this from beyond our solar system.) (PIC’s fearless President, Shira Miller MD outside the Courtroon after the AB 2098 hearing. Editor’s note: She seems pleased and confident, and as turns out, for good reason. Thx Shira for backing this.) (The rest of the legal team and Dr. Verma whose 40-page declaration demonstrated that the “contemporary scientific consensus” was meaningless in this pandemic. Sanjay’s declaration was cited 9 times…

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Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

Paperwork All Filed in our Challenge to AB 2098; Next Up, the Preliminary Injunction Hearing on January 23rd

I just filed our reply on our preliminary injunction motion. Here it is: Hoang Final Repyfilingcopy I think you will like it. Here are the Attorney General’s response papers to our motion for a preliminary injunction. Our reply responds to these papers. response calderondeclaration limdeclaration requestjudicialnotice Since the elephant that will be in the courtroom on the 23rd will be Judge Slaughter’s decision in the McDonald case denying a preliminary injunction enjoining AB 2098 (now Section 2270 of the Business…

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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

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,

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

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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Update: Preliminary Injunction Motion filed against the Cali. Medical Board!

Update: Preliminary Injunction Motion filed against the Cali. Medical Board!

Yesterday afternoon, I filed a Motion for a Preliminary Injunction to stop the Cali. Medical Board from continuing investigating physicians for spreading so-called “Covid Misinformation” to the public. The hearing on the motion will likely be at the end of September. I think there is an excellent chance the judge will grant the motion. I won’t bore you with all the paperwork, but here is our Memo in support of the injunction motion and the very excellent declaration of PIC’s…

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AB 2098: Is the Cali. Legislature going to Add Fourth Amendment Illegality to this First Amendment Unconstitution bill?

AB 2098: Is the Cali. Legislature going to Add Fourth Amendment Illegality to this First Amendment Unconstitution bill?

Something may be afoot as AB 2098 passes through the Senate’s halls, but I can’t quite figure it out. So, I thought I’d kick it around with you and increase public vigilance. After AB 2098 passed through the business and professional committee, a 12-page legislative analysis/summary was put out by a consultant, one Sarah Mason. Here is the whole document: 202120220AB2098_Senate Business, Professions And Economic Development. I think it is a pretty ok summary. But I want to focus on…

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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

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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My Analysis and Opposition to AB 2098 to the Assembly Appropriations Committee

My Analysis and Opposition to AB 2098 to the Assembly Appropriations Committee

For what it’s worth: Here is my letter to the appropriations committee which will be hearing AB 2098, which the bill which tries to sanction California physicians from promoting so-called “covid misinformation.” It seems like a big mess and a waste of time now. “April 29, 2022 To: California Assembly Committee on Appropriations Re: AB 2098, Opposition and Proposed Amendment Dear Committee Members: I am a healthcare attorney with substantial experience in medical board work in California and throughout the…

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