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Judge Grants Temporary Injunction Against California AB 2098, the Awful Doctor-Muzzling Law

January 25, 2023 by Bob Hoge Leave a Comment

(The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.)

A California federal judge granted a temporary injunction Wednesday against the state’s Assembly Bill 2098, called “Physicians and surgeons: unprofessional conduct,” in a big win for all doctors who don’t appreciate their speech being censored. The “medical misinformation” bill was signed into law by Governor Gavin Newsom in September and marks one of the biggest dictatorial pandemic-era overreaches by the governor and the Golden State legislature, which is run by a supermajority of Democrats.

The short version of the law is—if you’re a doctor and you say anything about COVID the state doesn’t like, they will take away your license to practice and therefore your career. Somewhere in Washington, D.C. there’s a copy of the U.S. Constitution, but it would appear that Newsom hasn’t bothered to read it or one of its central features, the First Amendment.

Here’s what free speech advocate Dr. Azadeh Khatibi had to say at the time:

They are muzzling us. #AB2098 muzzles doctors by threatening their medical license & livelihood if they don’t follow consensus opinion. In their fear & reactivity, the CA Legislature is creating a Ministry of Truth at @MedBoardOfCA to silence doctors who don’t agree with them. pic.twitter.com/TYU6kVervK

— Azadeh Khatibi, MD, MS, MPH (@AzadehKhatibi) September 6, 2022

Doctors involved in the case, Hoeg v, Newsom, took to Twitter to celebrate the fact that there’s at least one judge in the state with some common sense:

1/ BREAKING: Judge just granted our request for a preliminary injunction against AB 2098–the gag order on physicians in CA–in our Hoeg v. Newsom lawsuit. This effectively halts the implementation of this terrible law while our case is being tried.

— Aaron Kheriaty, MD (@akheriaty) January 26, 2023

Doctor Aaron Kheriaty, formerly a professor at UC Irvine School of Medicine and director of the Medical Ethics Program there, is one of a group of licensed physicians who have teamed together to push back against the bill. He feels that the ruling shows the strength of their eventual chances when the full case is heard:

2/ The ruling bodes well for our case: it indicates that our arguments that this law is unconstitutional have strong pre-trial facial plausibility. Not to get ahead of ourselves, of course, or try to predict the final outcome of the case, but this is a very positive development.

— Aaron Kheriaty, MD (@akheriaty) January 26, 2023

Here are the beautiful words of the judge from his ruling, which can be viewed here:

IT IS THEREFORE ORDERED that plaintiffs’ motions for
preliminary injunction (Høeg Docket No. 5; Hoang Docket No. 4)
be, and the same hereby are, GRANTED. 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.

The ruling is long (30 pages) and complex, but judge, William Shubb, summed up why he granted the motion:

In addition to establishing a likelihood of success on
the merits, plaintiffs must establish that they are likely to
suffer irreparable harm in the absence of preliminary relief;
that the balance of equities tips in their favor; and that an
injunction is in the public interest. Winter, 555 U.S. at 20.
“[B]y establishing a likelihood that [the challenged
law] violates the U.S. Constitution, [p]laintiffs have also
established that both the public interest and the balance of the
equities favor a preliminary injunction.” Ariz. Dream Act Coal.
v. Brewer, 757 F.3d 1053, 1069 (9th Cir. 2014). The plaintiffs
have thus established the elements necessary to obtain a
preliminary injunction. (Emphasis mine.)

Interestingly, the last line of the document reveals that the judge was persuaded by arguments surrounding the Fourteenth Amendment, so he didn’t even need to consider First Amendment issues:

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.

Dr. Houman Hemmati, who has also been a vocal opponent of the bill, was thrilled by today’s news:

Today’s judicial ruling against #AB2098 is the result of direct grassroots activism by doctors, lawyers and citizens who organized here on @Twitter & proved that our system of checks and balances works. We are nation of laws & no governor is above those laws. Leave doctors alone.

— Houman David Hemmati, MD, PhD (@houmanhemmati) January 26, 2023

The war has not been won against 2098, but an important battle has. Kudos to all the doctors and lawyers who have become a team to fight for our freedoms. The U.S. government and the state of California pushed oodles of COVID misinformation throughout the last three years, so not only is the law likely unconstitutional, it’s preposterous that they should be put in charge of telling us what’s the “truth.”

Related:

Trending on RedState Video

Filed Under: <![CDATA[AB 2098]]>, <![CDATA[California]]>, <![CDATA[COVID]]>, <![CDATA[First Amendment]]>, <![CDATA[Gavin Newsom]]>, News, Red State

Thanks, Lockdowns: 295,000 Excess Deaths Reported in U.S. Since 2020 Were NOT Due to COVID

January 25, 2023 by Bob Hoge Leave a Comment

(The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.)

There were 1.26 million excess deaths in the United States between February 2020 and the end of 2022, and over 295,000 did not have COVID listed as the main cause of their demise on their death certificates.

As we’ve reported, many “experts” are now revealing that COVID deaths have been vastly over-counted, and many of the people who died did so with COVID, not from COVID—so the 295,000 figure is actually likely significantly higher. What killed all these folks? The Daily Mail reports:

These are thought to be mostly made up of surges in deaths from cancer, heart disease, drug overdoses and firearms during the pandemic, however, a full analysis by the Centers for Disease Control and Prevention (CDC) is still likely weeks away.

Dr Coady Wing, a health policy expert from Indiana University, told DailyMail.com that these pandemic mandates kept people who needed care the most away from the doctor’s office – potentially costing thousands of lives.

‘It’s a hard question to decide how many lives were saved by the shutdowns themselves,’ Dr Wing told DailyMail.com. [Emphasis mine.]

If you’ve read my work before, you know I am partial to an analogy I wrote once: the pandemic lockdowns, mask and vaccine mandates, the forcible shutdown of our entire economy et al. were like treating a blister on your foot by smashing it with a sledgehammer. Sure, your blister is probably gone… but you’ve now got a shattered foot.

Excess mortality rates across the western world pic.twitter.com/eTfMSQ4YuQ

— Dylan LeClair 🟠 (@DylanLeClair_) January 21, 2023

America is not the only country seeing numbers like this; Alex Berenson, the author of “Pandemia” and a noted COVID response critic, has been reporting on excess deaths in England, Australia, and other nations on his “Unreported Truths” Substack:

What’s causing the excess mortality in Australia (and everywhere else)? Why it could be anything… pic.twitter.com/yV8hKm19Kz

— Alex Berenson (@AlexBerenson) January 21, 2023

In fact, nearly every country that imposed lockdowns is experiencing excess mortality. It’s hard not to want to scream, “I TOLD YOU SO!” from the top of a mountain because many brave people have been saying for a long time that the draconian restrictions were not only ineffective—they were downright dangerous. Heck, even the totalitarian Chinese Communist Party finally gave up on them in December.

What’s going on, exactly? Part of the rise is due to the fact that people in 2020 were simply too afraid to go to the doctor, and even after the pandemic eased many clinics insisted on telehealth services instead of in-person visits. The result? The CDC reported a five percent increase in cancer deaths in 2020, and many cases are now being detected much later than before the pandemic (with predictable results). There was also a four percent increase in heart disease deaths in 2020.

Dr. Jay Bhattacharya, who is one of the authors of the Great Barrington Declaration and whose presentation at the Rational Ground conference was covered by RedState, not only predicted this back in 2021 but also pointed out that lockdowns would have devastating impacts in the developing world and that social isolation would exacerbate fatal overdose trends.

The long tail of the Canadian lockdown — higher heart disease and colon cancer deaths for years to come.

Some harm can be mitigated with appropriate intervention (end lockdown, speed up cancer screening). But vax mandate-induced staff shortages will increase queues for care. https://t.co/OGW3RGRMpy

— Jay Bhattacharya (@DrJBhattacharya) September 30, 2021

Recently, there have been an alarming number of deadly heart attacks in otherwise healthy people in the news, and possibly you’ve seen some in your own communities. It’s unclear if these are being caused by reactions to the mRNA vaccine, COVID complications, or something else entirely.

The lockdowns and mask mandates have now been proven to be a total failure, as countries like Sweden and states like Florida which did not impose them didn’t perform any worse than places that did. In fact, California’s excess mortality rate is now far higher than Florida’s.

Add the staggering learning loss experienced by an entire generation, and you can confidently say that COVID zealots like Dr. Anthony Fauci, Deborah Birx (who, streiff points out, made stuff up), California Governor Gavin Newsom, Michigan Governor Gretchen Whitmer, former COVID czar and incoming White House Chief of Staff Jeff Zients, President Joe Biden and so many others, failed in their duty to protect Americans.

They harmed many more lives than they helped.

See also–>

Trending on RedState Video

Filed Under: <![CDATA[Alex Berenson]]>, <![CDATA[COVID]]>, <![CDATA[excess mortality]]>, <![CDATA[lockdowns]]>, <![CDATA[mask mandates]]>, News, Red State

Elon Musk Lays Out Concerning Side Effects He and Family Member Had to COVID Booster

January 21, 2023 by Nick Arama Leave a Comment

We’ve heard a lot about reactions to the COVID-19 vaccines since they first started becoming available, but now Elon Musk is adding to the anecdotal evidence of issues with the shot.

He was commenting in response to a tweet from Rasmussen Reports that said approximately 12 million people may have had “major side effects” after getting the vaccine.

How do we interpret this? https://t.co/QtLFpactc2

— Scott Adams (@ScottAdamsSays) January 20, 2023

The CDC says major side effects are “rare.” Rasmussen said that 7 percent of those who received the vaccine — or 12 million people — reported those major side effects. Rasmussen notes that that doesn’t meet the numbers of what the CDC defines as “rare.” So the CDC needs to explain itself if these numbers are true since it doesn’t match what they had said.

The CDC finally admitted to some safety concerns about a week ago, regarding a potential increased risk of stroke for people aged 65 and older.

But the question was highlighted when Twitter owner Elon Musk responded to the tweet and shared what had happened to him when he got his second booster shot. He said he was required to take it to be able to go to Tesla Giga in Berlin. He said he had “major side effects” and felt like he “was dying for several days.”

I had major side effects from my second booster shot. Felt like I was dying for several days. Hopefully, no permanent damage, but I dunno.

— Elon Musk (@elonmusk) January 21, 2023

Was required to visit Tesla Giga Berlin. Not my choice.

— Elon Musk (@elonmusk) January 21, 2023

There’s that problem of government coercion.

Musk said that he hoped there was no “permanent damage” but “I dunno.” He also noted that his cousin got myocarditis afterward, despite being in perfect health, and had to go to the hospital.

And my cousin, who is young & in peak health, had a serious case of myocarditis. Had to go to the hospital.

— Elon Musk (@elonmusk) January 21, 2023

Musk also noted that he had COVID previously before the vaccines and for him, it was like a cold, but the second booster “crushed me.”

I had OG C19 before vaccines came out and it was basically a mild cold.

Then had J&J vaccine with no bad effects, except my arm hurt briefly.

First mRNA booster was ok, but the second one crushed me.

— Elon Musk (@elonmusk) January 21, 2023

Had he said this on the old Twitter, he likely would have been flagged by the White House or the Democrats, with a request for him to be de-platformed for spreading doubt about the vaccines.

Musk hasn’t been shy about criticizing the suppression of information around COVID and the government approach, particularly that of Dr. Anthony Fauci.

Trending on RedState Video

Filed Under: <![CDATA[COVID]]>, <![CDATA[elon musk]]>, <![CDATA[myocarditis]]>, <![CDATA[vaccine]]>, News, Red State

We Need to Talk About the Authoritarian Cult Surrounding Jacinda Ardern

January 19, 2023 by Bonchie Leave a Comment

The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.

On Wednesday, unexpected news dropped that New Zealand PM Jacinda Ardern was resigning her position. In an emotional press conference, she insisted that the decision was not based on politics. Given her party is trailing heading into the country’s October election, her insistence was unconvincing at best.

But while it was patently obvious that domestic troubles forced Ardern’s hand, the American press set about to flaunt its membership in the authoritarian cult that had been built around her.

Authoritarian cult pic.twitter.com/rEbNPxbmDw

— Bonchie (@bonchieredstate) January 19, 2023

Ardern was made infamous by her attempts to institute a COVID-zero policy in New Zealand. That pursuit led to a total shutdown of travel, extensive, years-long lockdowns, and the very public violation of various rights. Taking a walk could get a person arrested. Not wearing a mask could lead to being assaulted.

The situation was made even more grotesque by the fact that New Zealand is an ostensibly Western country (despite its geographic location). It’s one thing to see China cracking down on basic freedoms because you expect a communist regime to operate that way. But to see the level of authoritarianism that was not just tolerated, but overtly praised regarding Ardern’s government was disturbing. After all, if it could happen in a country like that, it could happen anywhere.

Yet, supposedly revered outlets like The New York Times and The Washington Post still choose to describe Ardern as “compassionate” and full of charisma. She’s just so decisive, they proclaim between labored breaths, never mentioning that her reign was marked by serious violations of civil liberties nor that her COVID-zero policies were a total failure.

For those that aren’t aware of just how bad Ardern was, Tucker Carlson shared some of her lowlights following her resignation.

Adios Jacinda, your regime was terrifying to witness from abroad. I can’t imagine living within your overreach. We can only hope the world never forgets you— so you can live on as an example of what not to do. pic.twitter.com/4YVPPH3uup

— TexasLindsay™ (@TexasLindsay_) January 19, 2023

It’s a cautionary tale about who you can and can’t trust. When the chips were down and people needed an advocate, the American press decided to fawn over a tyrant whose creepy quashing of rights would have made Stalin proud. That Ardern shows absolutely no remorse only makes matters worse.

At the end of the day, many of the people who claim to speak truth to power and to stump for the little guy are nothing but elitists looking to exercise power. Throughout the entire COVID pandemic, we saw the mainstream media turn a blind eye to large-scale abuses by western nations like New Zealand, Australia, Germany, and many others. Further, they often went so far as to actually justify those abuses, as evidenced by the continued praise of Ardern.

If the press isn’t willing to stand up for something as basic as the autonomy of movement in a supposedly free country, there should be no expectation they’d stand up to something worse. Far from protectors of liberty, these news outlets would lavish adoration on those running the gulags. Remember that the next time they insist they are vital to the health of the nation.

Trending on RedState Video

Filed Under: <![CDATA[Conservatism]]>, <![CDATA[COVID]]>, <![CDATA[Jacinda Ardern]]>, <![CDATA[New Zealand]]>, News, Red State

Pfizer CEO Albert Bourla Refuses to Answer Even One of 29 Vaccine Questions Posed on Streets of Davos

January 18, 2023 by Bob Hoge Leave a Comment

(The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com.)

It’s hardly surprising that Pfizer CEO Albert Bourla is at the World Economic Forum in Davos, Switzerland this week, rubbing elbows with other elite power players, politicians, and people who want to fundamentally change the world. Bourla, whose pharmaceutical company made billions of bucks off mRNA COVID vaccines despite the fact that they’re not effective at stopping infection or transmission of COVID, and have even been tied to myocarditis issues, probably didn’t expect to have to answer any actual questions from any actual journalists.

After all, when was the last time you saw the corporate media ask him anything of substance?

But he didn’t count on Rebel News and reporters Ezra Levant and Avi Yemini finding him walking the streets in Davos. Levant writes [emphasis his]:

I walked right up to him and started asking him the questions that millions of people have surely been wondering for years. And a moment later, Avi joined in, making it a sort of walking press conference. And Bourla couldn’t answer a single question.

Watch:

WE CAUGHT HIM! Watch what happened when @ezralevant & @OzraeliAvi spotted Albert Bourla, the CEO of Pfizer, on the street in Davos today.

We finally asked him all the questions the mainstream media refuses to ask.

Story: https://t.co/eIp37FWNtz

SUPPORT: https://t.co/aJiaQfYNuD pic.twitter.com/6jSVAzCB0d

— Rebel News (@RebelNewsOnline) January 18, 2023

Here’s a sample of the one-sided conversation:

LEVANT: Mr. Bourla, can I ask you, when did you know that the vaccines didn’t stop transmission? How long did you know that without saying it publicly? 

BOURLA: Thank you very much. 

LEVANT: Why won’t you answer that question? I mean we now know that the vaccines didn’t stop transmission, but why did you keep it secret? [Pause; Bourla is non-responsive.] You said it was 100 percent effective, then 90 percent, then 80 percent, then 70 percent, but we now know that the vaccines do not stop transmission. Why did you keep that secret? 

BOURLA: Have a nice day. 

LEVANT: I won’t have a nice day until I know the answer. 

I usually am not a fan of journalists shouting questions at unwilling politicians outside of Congress and such, because the person is unlikely to answer and it’s simply unbecoming to be yelling at people just walking to their office. But Levan and Ali are not screaming, they’re not threatening, and they’re calmly posing Bourla the questions we all want to ask—and he refuses to answer a single one of them.

Although Bourla was double-vaxxed and double-boosted in the fall of 2022, he nevertheless tested positive for the China-born virus in August—and then got it again in September. That certainly doesn’t look good for his main product, the mRNA vax, but it’s also bad news for Pfizer’s other offering, the anti-viral drug Paxlovid. Used to treat symptoms of the virus, Paxlovid has been linked to “rebound COVID,” which President Joe Biden, First Lady Jill Biden, former Head of State Dr. Anthony Fauci, and others all experienced.

I would like to let you know that I have tested positive for #COVID19. I am thankful to have received four doses of the Pfizer-BioNTech vaccine, and I am feeling well while experiencing very mild symptoms. I am isolating and have started a course of Paxlovid.

— Albert Bourla (@AlbertBourla) August 15, 2022

Wall Street estimates that Pfizer will pull in $99.5 to $102 billion in revenue in 2022. And yet he couldn’t answer a single question about the efficacy and safety of his products? Levant:

Between Avi and I, we asked 29 questions. Everything we have been wanting to ask the Pfizer CEO for three years — from how much he has personally profited from the pandemic, to how much he has paid others to promote his vaccines, to important questions about when he knew his vaccines didn’t actually stop transmission, and why he kept it a secret.

Millions of people around the world were forced to take Pfizer’s ineffective vaccines due to government and business mandates, and an untold number experienced vaccine injuries. It’s shameful that Bourla refuses to answer for anything, and it’s equally shameful that despite there being an army of “accredited” journalists at Davos, not a single one will ask Bourla these questions.

–> See also:

Trending on RedState Video

Filed Under: <![CDATA[Albert Bourla]]>, <![CDATA[COVID]]>, <![CDATA[Davos]]>, <![CDATA[Pfizer]]>, <![CDATA[vaccines]]>, News, Red State

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