Warning: The Government Wants to Control EVERYTHING

Including the private conversations between you and your doctor!

So, raise your hand if you are psyched about the government monitoring, no, actually, it’d be controlling, your private conversations and decisions that you engage in with your doctors about your health. Anybody? No? You may be thinking to yourself, “C’mon Bobbie Anne, that’s just absurd. The government would never bud into the intimate conversations of the doctor/patient relationship. Conspiracy theory!”

Well, believe it or not, there is a new law in California that does just that! Assembly Bill 2098 (aka AB-2098) has been dubbed the “COVID19 misinformation law”. It is an abolition of freedom of speech, and according to epidemiologist Dr. Jay Bhattacharya of Stanford University, it is “a chilling interference with the practice of medicine.” Before I explain what this stunning display of authoritarianism allows the government to do, let me remind you that no matter which state you currently call home, what happens in other states (particularly California and New York), matters to the rest of the country to a large extent, because laws/regulations/trends set in those states almost always spread across the nation.

I can’t tell you how many times people have asked me why I still live in New York. They say, “It’s crazy there!” Or, “You people deserve what you get if you stay there.” Etc., etc. Okay, so let’s run with that logic for a minute here… If I left New York back in 2020, or at any point in the past few years, then the draconian regulation at 10 NYCRR 2.13 “Isolation and Quarantine Procedures” would almost surely still be alive and well here in New York. For anyone unfamiliar with that reg, it was the most astonishing breach of our Constitution (not to mention basic human rights) that I have ever read in my 25 years of practicing law. Without exaggeration, it was something out of a dystopian horror movie. In short, it gave the unelected bureaucrats in the Department of Health the power to pick and choose who they wanted to “detain,” if they believed you were exposed to, or might have a communicable disease. No actual proof needed! And when I say “detain,” I mean lock you in your home or force you from your home into a facility that the government chose, and they’d tell you how long you’d stay there! That’s right - no time limit so it could be for days, weeks, months, years.... Furthermore, there was no age restriction so the government could force you, your child, your grandchild, or your elderly parent into detention, with literally no way for you to get out once locked up!

So, last year, on behalf of a group of courageous NYS Legislators (Senator George Borrello, Assemblyman Chris Tague and Assemblyman [now Congressman] Mike Lawler) and a citizens’ group called Uniting NYS, I sued the Governor and her Department of Health to strike down their dystopian regulation… and we won! In his decision, our Judge noted:

Involuntary detention is a severe deprivation of individual liberty, far more
egregious than other health safety measures, such as requiring mask wearing at certain venues. Involuntary quarantine may have far reaching consequences such as loss of income (or employment) and isolation from family.

The Judge went on to definitively nullify the reg saying:

Ordered and Adjudged, that 10 NYCRR 2.13 is violative of New York State
law as promulgated and enacted, and therefore null, void and unenforceable as a matter of law, and it is further,
Ordered and Adjudged, that Respondents are hereby permanently enjoined from
enforcing 10 NYCRR 2.13, and are further permanently enjoined from readopting
10 NYCRR 2.13…

You can read the Judge’s full decision at www.UnitingNYS.com/lawsuit and if you would like more intimate details, you can watch my interview on American Thought Leaders with the fabulous Jan Jekielek.

Prior to bringing that lawsuit, I had reached out to dozens of colleagues, as well as some prominent civil rights organizations, to see who would be willing to work on the case, after all, a team of lawyers can work faster than just a lone lawyer can. Astonishingly, not one attorney, law firm, or organization would step up. Why not? Most didn’t want to work for free (I’ve been handling that case pro bono and funding it myself), some didn’t think I would win, and many erroneously thought you had to wait until people were getting yanked out of their homes and thrown into the detention centers before you could sue in order to effectuate “standing”. (You can read more on that issue in my article, "Tyranny Denied!"). So, I did it alone. However, if I had just thrown my hands up, packed my bags, and left New York, well then the reg would certainly still be in effect. My point is, some of us must stay and fight for what’s right, or things like quarantine camps (which exist in China, Australia, Canada…) would clearly take hold in the US, and our nation as we know it would cease to exist.

When we won our quarantine case last summer, constitutionalists around the country were celebrating this landmark case, for they knew that if forced quarantining of citizens without due process was allowed in New York, then it would only be a matter of time before it spread across the US. After our victory, I wrote an article about it entitled, "All Americans Will Benefit From Our 'Quarantine Camp' Lawsuit Victory”.

Turning back to the unbelievable AB-2098 in California, if it is allowed to stand, then government-controlled-doctors will soon be the new standard of care, and your once private and sacred conversations with your health care providers will become dictated by politicians and unelected bureaucrats. Freedom of speech will be dead. Let me ask you this, do you want some politician sitting up in their white ivory tower, who you’ve never met, don’t know, and who doesn’t care a shred about you or your loved ones, making medical decisions for you?!

As an attorney and a constitutionalist, just reading AB-2098 makes my brain implode. It’s that egregious. Like the quarantine reg I got struck down, this blows my mind that the government would even attempt to do this to its people. And yet, here we are.

A quick rundown on the law shows:

• It designates the dissemination of misinformation or disinformation related to the SARS-CoV-2 coronavirus, or 'COVID-19,' as unprofessional conduct (the punishment for which ranges from minimum five years probation, and the maximum penalty is revocation of the doctor's medical license)

• It establishes that it shall constitute unprofessional conduct for a physician and surgeon to disseminate misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.

• The language is intentionally vague about what constitutes “misinformation,” so in order to not risk losing their licenses, doctors will need to censor themselves and ensure they cleave closely to the government narrative on COVID science and policy, whether or not that narrative tracks the scientific evidence.

Thankfully, some doctors together with a couple of organizations are suing Newsom, the CA Medical Board and the CA Attorney General to strike down this law. I’m happy to report that they won their first battle! Federal Court Judge William B. Shubb just granted the plaintiffs’ motion for an injunction to temporarily stop the law from going into effect whilst they litigate the matter. One of the plaintiffs is Dr. Aaron Kheriaty, a courageous psychiatrist, and one of my fellow 2023 Brownstone Institute Fellows! I know Dr. Kheriaty personally, and I must say that he is a fabulous person, a true symbol of truth, and ever so brave to fight for proper justice in today’s rather upside-down world we live in. Of course I reached out to Aaron to congratulate him on the injunction, and we noted how important it is to celebrate both the minor and the major wins because this is a marathon, not a sprint. Wins like his with the temporary injunction are so important because they not only pause the tyranny, they also give people hope… something that everyone needs today. Dr. Kheriaty and I did a panel discussion the other night hosted by The Unity Project on Twitter Spaces, and his lawsuit was one of the topics. You can access the recording here.

So just to be clear, the ruling did not strike down the law itself as unconstitutional. It was not a final judgment on the constitutionality of the law, but rather a temporary halt against enforcement of the new law while litigation continues. I should note here that the legal standard to obtain an injunction from a court is quite high. The plaintiff must prove a likelihood of success on the merits of the case. Here, Judge Shubb noted:

Because plaintiffs have established a likelihood of success on the grounds of their Fourteenth Amendment vagueness challenges, the court need not address the merits of their First Amendment arguments.

That is huge! The Court didn’t even get to the First Amendment freedom of speech arguments, and Shubb ruled in favor of the plaintiffs saying they would likely prevail on the “overly vague” argument pursuant to the Fourteenth Amendment. Of course, California can appeal to try to have the injunction lifted, but thus far, they have not. Furthermore, the ruling is limited to the plaintiffs and those they represent. Judge Shubb’s decision is clear:

Pending final resolution of this action, defendants, their agents and employees, all
persons or entities in privity with them, and anyone acting in concert with them are hereby ENJOINED from enforcing Cal. Bus. & Prof. Code § 2270 as against plaintiffs, plaintiffs’ members, and all persons represented by plaintiffs.

It is a good start. A very good start.

---

Inspirational Quote:

When you tear out a man’s tongue, you are not proving him a liar,

you’re only telling the world that you fear what he might say.

~ George R.R. Martin ~

Follow me!

Believe it or not, after many of you repeatedly asking, I’ve stepped timidly out of the dark ages, and I’m now on Twitter!

You can follow me at @Attorney_Cox

And on Instagram @allthingslawyer