Preliminary Injunction Granted
in AB 2098 Doctor Misinformation Lawsuit!

Earlier this week, two of the three active cases against AB 2098 were heard by Judge Shubb.  These cases were brought forward by the New Civil Liberties Alliance: https://nclalegal.org/wp-content/uploads/2022/11/Hoeg-v.-Newsom_Complaint_Final-1.pdf and by Children's Health Defense: https://rickjaffeesq.com/wp-content/uploads/2023/01/Hoang-Final-Repyfilingcopy.pdf.  A Voice for Choice Advocacy filed an Amicus Brief, in support of Hoeg vs. Newsom, to give our support to case, but also give the court some further points to consider: https://avoiceforchoiceadvocacy.org/wp-content/uploads/2023/01/AVFCA-Amicus-Brief-Hoeg-vs-Newsom.pdf.

Judge Shubb issued his order in the preliminary injunction yesterday asserting that “IT IS THEREFORE ORDERED that plaintiffs’ motions for preliminary injunction 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 Section 2270 as against plaintiffs, plaintiffs’ members, and all persons represented by plaintiffs.”  You can read the full order here: https://avoiceforchoiceadvocacy.org/wp-content/uploads/2023/01/2023.01.25.ORD_.Order-Re-Plantiffs-Motions-for-Preliminary-Injunction.pdf.  The judge specifically honed in on the inability to define “contemporary scientific consensus,” a key talking points made in both cases and by AVFCA in our Amicus Brief and in conversations with legislative offices this session

While this Order does not appear to eliminate this law in its entirety, this is a MAJOR first step in the right direction as it really signifies the Judge’s interpretation, that this law, at the conclusion of this matter, should be eliminated.  This is the first step and puts a hold on the law while these two cases, now enjoined into one, are being heard.  The next steps will to be to litigate the cases in full, which will include discovery and a summary judgment motion.

the New Civil Liberties Alliance published a press release on their initial win: NCLA press release.  Laura Powell, Attorney for Plaintiffs & Founder of Californians for Good Governance, and who AVFCA worked closely with last year opposing AB 2098, stated, "I am happy to have the opportunity to be part of the plaintiffs’ legal team in Høeg v. Newsom, brought by the New Civil Liberties Alliance.  After having spent countless hours advocating against AB 2098 when it was still a bill in the Legislature, it is gratifying to hear a senior federal judge agree with my arguments about why the law is unconstitutional. There is more work to be done before this law is defeated, but this decision shows we are likely to prevail in this fight for the free speech right of physicians and patients."

A Voice for Choice Advocacy will continue to tracking the legal challenges to this new law, given that AVFCA strongly opposed AB 2098 as it made its way through the legislature last year.  A Fourth legal suit was file a few weeks ago by the Hamilton Lincoln Law Institute: https://hlli.org/couris-v-bonta-et-al/.  This will be heard in the next few weeks.

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Together we can make change happen!

C

Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected]
www.AVoiceForChoiceAdvocacy.org