A team of California doctors say they are willing to “go all out” in a legal battle with Democratic California Gov. Gavin Newsom over the state’s COVID-19 disinformation law. It is in line with the “scientific consensus”.
The legislation, known as Congressional Bill 2098, was scheduled to go into effect on January 1, 2023 after being signed into law by the governor in September. But in November, he filed a lawsuit temporarily suspended after Aaron Kheriaty and four of his other doctors sued his Newsom, alleging violations of First and Fourteenth Amendment rights. I was.
Keliati told Fox News Digital, “I explained in my proclamation that patients still frequently seek advice on COVID-19 related issues, such as masks. Parents may ask me if it seems to make the disorder worse.”
“This is a good idea to clinically describe the circumstances that could potentially be affected by this law. All five are eligible to bring this lawsuit.”
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California doctors say they are willing to “go all out” in their legal battle with Governor Gavin Newsom over the COVID-19 Disinformation Act, which punishes doctors for spreading coronavirus information. “Scientific Consensus”. (iStock)
Keliati and his team argue that the term “scientific consensus” is ambiguous, and that the vagueness of the term itself violates the rights of physicians in the constitution’s due process clause.
“It has the effect of horrifying doctors. If doctors aren’t sure if what they’re trying to say is against the law, they just read from a script produced by the California Department of Public Health,” Keliati said. rice field. .
District Court Judge William B. Schabb ultimately erred on the part of plaintiffs when granting the motion for a preliminary injunction in late January, writing that “the provision is unconstitutionally vague.”
“I think the governor was worried about this law when he signed it. I think he was worried about its constitutionality,” Keliati said.
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Keliati also said the law and the ambiguity of the phrase open the door for additional cancellations of COVID-19 information by future medical boards, stating, “If the current medical board asks for my opinion on COVID, Even without a trend, this could be the law of the future medical commission.”
California Governor Gavin Newsom speaks at a news conference in San Francisco. (Justin Sullivan/Getty Images)
Kheriaty indicated that the team wanted to avoid a full-blown battle in court, asking the judge to grant summary judgment in their favor. But if the lawsuit goes that far, the doctors will go all the way to the U.S. Supreme Court.
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“If the law were passed and there were other areas of controversy within health care that the state wanted to promote, it would certainly make Congress amend that law or remove the word ‘COVID.’ will set a strong precedent. We need to change it to any medical problem or pass additional laws that apply to anything,” he said.
Newsom’s office has already indicated that it will not appeal the injunction.
People wear masks while riding the Los Angeles Metro Rail train on December 15, 2021 in Los Angeles. (Mario Tama/Getty Images)
Governor’s spokesperson Brandon Richards said, “Regarding the related appeals pending before the Ninth Circuit Court of Appeals, both have expedited briefing schedules and given that they will be decided before this case, the State decided not to appeal this decision at this time.” he told Fox News Digital in an email.
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California has become one of the strictest states regarding COVID-19 restrictions in the early days of the pandemic and since. The blue state was the first to enact a statewide stay-at-home order and recently rescinded her COVID-19 vaccine requirement for students. California plans to end its state of emergency on February 28th.
