Federal District Judge Slaughters AB 2098 Preliminary Injunction, Dismisses Complaint: Leaves Option to Correct the Standing Defect
Plaintiffs Defended their 1st Amendment Rights to Post on Social Media, Instead of Defending a Right to Recommend AGAINST the Shots or FOR Prescribing Ivermectin, Hydroxychloroquine
In a disappointing but predictable determination, the court denied the stopping of AB 2098 and actually dismissed the complaint.
Atty. Richard Jaffe entitles the 12-page court decision,
Richard Jaffe, Esq. sums it up for us:
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.
Atty Jaffe points out this was an expected outcome he actually posted prior to the determination:
The Plaintiffs did not adequately plead they had the right to challenge the law.
The board says it already has powers to sanction doctors for COVID misinformation.
It should give the lawyers in the next case up, Hoeg v. Lawson, pause to rethink their case -
(They also have a psychiatrist, and they have an ER doc, and a rehab doc, and I’m not overwhelmed by the specificity or details, of the allegations, so they could suffer the same fate as in the McDonald case.)
Atty Jaffe also got dismissed, “knocked out on standing grounds” in the McKenzie case, citing:
But of course, that was because the Medical Board dismissed its Covid investigation of Doug McKenzie after I filed the complaint challenging the board’s right to investigate alleged Covid misinformation to the public.
In closing, Atty Jaffe concludes:
Still, this standing thing is a tough nut given that the medical board has the power to investigate physicians to ensure compliance with the law. I feel for the plaintiffs and their lawyers in these two cases. I think it’s going to get interesting soon.
WHAT I REALLY THINK
On this one, I’m opening up my thoughts to all:
If you’re going to put yourself out there as a doctor opposing AB 2098, you better defend the right to informed consent in the office, which was not even mentioned.
A psychiatrist can defend the patient’s right to choose, and even consult with the primary care physician in this situation.
A family doctor who probably wrote prescriptions for ivermectin and hydroxychloroquine needs to defend that right for the rest of us.
Instead, both plaintiffs tried to defend their right to state opinions on social media. That is NOT what this bill is about - it is about the physician:patient relationship, which was not even mentioned.
They have 30 days from yesterday to reply, and it had better be appropriate and strong.
I am very disappointed, as Atty. Jaffe had already learned these things from the MacKenzie case and predicted this outcome.
Let’s get it right this time! The clock is ticking - they have 29 days left to respond.
Photo by Tingey Injury Law Firm on Unsplash Get that gavel to drop down with the right “THUD”!
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AB 2098 probably violates the Americans With Disabilities Act by presuming all patients respond equally to the politically-favored treatment. Because we do not respond equally to treatment, imposing one size fits all treatment is disability discrimination.
Patients have private rights of action against California and may recover from the State of California their legal fees and costs. Since the Biden Administration is colluding with California, it is useless to file a complaint with the ADA office of DOJ. We need our own lawyer to represent us in federal court.