Governor Newsom and the California Medical Board Sued by Five California Doctors for New Law AB 2098
Our Press Release on Sacramento's Capital Steps Said It All
Do you want your doctor to be a government robot? Here is my take and if you would like to see a California Globe article on it, here it is: https://californiaglobe.com/articles/california-doctors-sue-gov-newsom-and-medical-board-over-new-law-censoring-medical-advice/
AB 2098 passed under the radar by Governor Newsom’s deliberate approval.
We are so grateful this complaint has been in the works. Written by Assemblyman Evan Low (D-Campbell) and signed by the governor on September 3, 2022, AB 2098 was geared to allow the Medical Board of California to investigate any doctor, discipline them, and even revoke their medical licenses for “unprofessional conduct”.
Who knows what defines unprofessional conduct? No one. That’s the problem.
Only half of the 12 members of the medical board even went to medical school. There sit governor-appointee, 3 lawyers, someone in public relations, an “ethics reformer” (to reform the Hippocratic oath?) and a life coach.
Photo courtesy: Patients and Physicians Reclaiming Medicine
One would think “unprofessional conduct” would include everything from the potential harm of vaccines to the benefits of early treatment with vitamin D or off-label, repurposed drugs. The only choice would be for a doctor to say what the government wants us to say, and eliminate informed consent. Many think this intrusion is precarious as a slippery slope to disengage doctors from private care and in the extreme, to eliminate doctors all together, in preference to actual artificial intelligence (AI) robots without a brain or a heart.
Informed consent is a medicolegal term used to describe what all doctor have to do before doing a procedure on you: explain the risks and benefits as well as alternative choices.
Informed consent has always been the law.
Now the governor wants to prevent it.
And he knows exactly what he is doing: going back to the 1690’s.
Thank Goodness for the New Civil Liberties Alliance.
The Lawsuit Preventing AB 2098
On behalf of five California physicians, attorney Laura Powell of the New Civil Liberties Alliance (NCLA), a nonpartisan, nonprofit civil rights group, filed a Complaint and a Motion for a Preliminary Injunction to prevent the January 1, 2023 law from going into effect.
Filed in the U.S. District Court for the Eastern District of California, Høeg, et al. v. Newsom, et al. asks AB 2098 to not go into effect.
The California Globe reports:
“NCLA represents five physicians licensed by the Medical Board of California (MBC), most of whom treat patients on a regular basis. Drs. Hoeg, Duriseti, Kheriaty, Mazolewski, and Khatibi allege Assembly Bill (AB) 2098, signed into law on September 30, 2022, violates their First Amendment rights to free speech and their Fourteenth Amendment rights to due process of law,” the NCLA said in a statement. “The law not only interferes with the ability of doctors and their patients to freely communicate, but it has already been used as a weapon to intimidate and punish doctors who dissent from mainstream views. Several Plaintiffs have experienced threats from other doctors and individuals on social media to use AB 2098 to have their licenses taken away, an obvious attempt to suppress the doctors’ speech. They are being put between a rock and a hard place, fearing repercussions for acting in their patients’ best interests by honestly giving them the information they believe their patients need in order to make informed care decisions.”
Jenin Younes, Litigation Counsel of NCLA, said,
“California’s new ‘misinformation’ law is the result of an increasingly censorious mentality that has gripped many lawmakers in this country”.
“That this shocking bill passed through the state legislature and was signed into law by Governor Newsom demonstrates that far too many Americans do not understand the First Amendment. Our country has a strong historical commitment to free and open debate and to protect the ability of those who dissent from the government’s view to express their own opinions. We have no doubt that courts will see this unconstitutional law for what it is and strike it down.”
Since the Medical Board of California already has laws for unprofessional conduct, especially those that cause harm (which AB 2098 does not), it is logical that if this law were pared down to specific acts of “misinformation”, it would be thrown out not only on First Amendment Constitutional Law merits, but on a duplicity of existing law.
Thank you for reading my writings.
If nothing happens to defend free speech, AB 2098 is scheduled to become law on January 1, 2023.
This is the time to band together as Americans and stand up for our rights
What is my next step?
Join Physicians and Patients Reclaiming Medicine at https://ReclaimingMed.org Physicians, health care providers, advocates, and patients all welcome. See you there. Tomorrow, Saturday morning at 0900 PST, we have a medical doctor who is under investigation.
Sign up to get a meeting link. On the Subject Line, you may say, “Dr. Aranda Referred Me”. On the Comment lines, you may say, “Concerned Citizen” or any other definer you would like.
What Else can I do? How can I help?
Sign a letter to the Governor, hosted here: https://CaliforniaForUs.org
You can send a letter to your State's Attorney General asking them to do their job and protect those they have sworn an oath to protect. Demand they convene a grand jury and bring criminal indictments against the perpetrators. https://10letters.org/
Visit AlignAct.com to Sign a Petition to Your Congress and get a Medical Freedom Act in the works: https://alignact.com/go/medical-freedom-act
For Health Care Professionals: Take Steve Kirsch’s Survey
If you work in healthcare, please consider filling out Steve Kirsch’s survey. Tell your doctors and nurses. Steve posts:
You will be asked how many reportable events you've OBSERVED vs. FILED for both non-COVID and then the COVID vaccines since you first became aware of the VAERS system. A "VAERS-reportable" event is a significant adverse event that in your opinion should be reported to the VAERS system in order to allow health authorities to accurately assess the safety profile of a vaccine. Steve asks that if you are NOT a healthcare professional, do NOT fill out the survey. If you ARE a health-care professional, fill out the form here: https://airtable.com/shrQZWaacOu9j2rhh?utm_source=substack&utm_medium=email
JOURNAL CLUB - See our first Journal Club Article. Read these graphs and see if you reach my conclusions:
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WHAT I REALLY THINK
It’s about time! I am only sorry that I didn’t know this was happening in the background, but of course someone had to do this: AB 2098 is unconstitutional. Not only that, the governor knew exactly what he was doing…
He was “going after the doctors” so he could “go after YOU!”
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