California quietly disavows medical misinformation law before courts can strike it down, by Greg Piper

That First Amendment can be a real annoyance for the tyrannically inclined. From Greg Piper at 2ndsmartestguyintheworld.substack.com:

Repeal provision slipped into Medical Board of California reform bill in recent weeks, but no one is taking credit for it. 9th Circuit questioned law’s constitutionality this summer.

by Greg Piper

California’s COVID-19 medical misinformation law, which threatens the licenses of doctors who deviate from a fluctuating “scientific consensus” in conversations with patients, got a frosty reception in front of trial and appeals courts this year. 

Signed into law by Democrat Gov. Gavin Newsom nearly a year ago, AB 2098 may not exist by the time judges get around to deciding its constitutionality.

A provision to repeal the law was apparently added to Senate Bill 815, which makes changes to the Medical Board of California, in late August or early September with the legislative session winding down. Nobody seems to know, or is willing to say, how it got there.

Jenin Younes and Laura Powell, lawyers for one set of doctors who obtained a preliminary injunction against the law in January, told Just the News they were blindsided by the repeal provision, saying it wasn’t part of any settlement talks in their case.

“It’s incredibly last minute,” Powell said. “Thursday is the last day to vote on bills, and it has to be passed by both chambers. There’s no opportunity for public input and debate.”

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