The article reports:
Can the state of California enforce its own idea of “scientific consensus” on doctors who treat patients for COVID-19? Not after last night, when US District Court Judge William Shubb slapped an injunction on enforcement of AB 2098. This undoubtedly sets up a showdown at the Ninth Circuit, but for the moment the gag rule on doctors has been shut down.
After reading Shubb’s opinion about how badly the state legislature crafted the law, however, Gavin Newsom might want to think twice about further exposure. In the first place, the law forces doctors to only convey the “scientific consensus” on COVID-19 rather than their own judgment, when no one — not the legislature or its attorneys — can provide a definition of that term in relation to COVID-19:
…Shubb agrees with the plaintiffs in this action, noting that the “scientific consensus” regarding a novel virus only under study for three years is at best an aspirational concept. In practice, as Shubb notes, the “consensus” — as defined by California’s reliance on public-health officials — has changed repeatedly in that time. That puts every doctor at risk for prosecution in California no matter what they might say in any given moment, a standard so unreliable as to practically embody the terms “arbitrary” and “capricious”:
Please follow the link above to read the entire article. Physicians know their patients better than the government. A physician is much more able to look at a patient, understand the degree of risk that person will have in dealing with Covid. There doesn’t seem to be logic in the way different people react to Covid, and doctors should be allowed to do what they think is best for their patients. For example, the doctors at Frontline Doctors had a very high success rate in treating Covid patients, yet the government did everything possible to silence them and to prevent them from successfully treating patients.
Hopefully this case is the beginning of patients and doctors reclaiming the rights of Americans to good medical care.