UPDATE on AB 2098: Next Step is the Preliminary Injunction Hearing Set for January 23rd, Filed by Richard Jaffe, Esq and Robert F. Kennedy Jr, Esq
Jaffe and Kennedy, Jr Fight Back: Effective January 1, 2023, many doctors have already moved out of California, changed professions, and/or retired their medical practice.
Effective January 1, 2023, many doctors have already moved out of California, changed to another profession, and/or retired their medical practice. One of the biggest reasons is thanks to AB 2098, which we opposed on September 30, 2022 by standing on the Sacramento capitol steps and pleading with Gov. Newsom to veto it. This was the last day possible for him to veto it, and if he had done nothing, it would have passed without his signature.
Instead of doing nothing, Newsom signed AB 2098 into effect, knowing full well it allows the Medical Board of California to go on a “witch hunt” - HIS WORDS - of doctors who reportedly spout “misinformation” (that is undefined).
Thank goodness that attorneys Richard Jaffe and Robert Kennedy, Jr are fighting this on several fronts. In their reply in support of a Preliminary Injunction, here are some of the the papers filed- all 29 pages can be found here:
Their key points on the 5th and 14th Amendments bear mentioning, as seen below:
The Attorney General had filed response papers to Attys. Jaffe and Kennedy Jr’s motion for a preliminary injunction. Their reply responds to these papers:
Response
Calderondeclaration
Limdeclaration
Requestjudicialnotice
Richard Jaffe’s Statements
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 & Professional Code. Here is Judge Slaughter's opinion:
McDonald PI Motion DeniedAs you will see, I started the reply referencing the elephant's presence in the Courtroom. And as I said, it's up to us to convince Judge Shubb that Judge Slaughter is wrong.
A prior post included all of our preliminary injunction papers, including the complaint. If you care to read them, here is that post: https://wp.me/p7pwQD-1pm
As always, you be the judge.
Rick Jaffe, Esq.
Mark your calendars for January 23, 2023!
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