“We explained in our statements that we are still being asked for recommendations from patients on COVID-related issues, for example, the use of masks. Parents may ask me if this mask exacerbates their children’s anxiety disorder,” Kheriaty told Fox News Digital.
“It is a smart concept to clinically analyze the conditions in which we may potentially be affected by this law. And in the order granting the initial injunction, the judgment first read: “Yes, all five plaintiffs have status to bring this case. ‘”
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A team of California doctors says they would be willing to “go to the top” in a legal war with Gov. Gavin Newsom over a COVID-19 misdata law that would punish doctors who spread coronavirus data that doesn’t conform to “scientific consensus. “. ” (Stocks)
Kheriaty and his ilk say the word “scientific consensus” is ambiguous, arguing that the vagueness of the word violates doctors’ rights in the Constitution’s due process clause.
“It has a chilling effect on doctors. If doctors are sure that what they’re about to say violates the law, they’ll just read a script prepared through the California Department of Public Health,” Kheriaty said.
U. S. District Judge U. S. William B. Shubb ultimately erred on the plaintiffs’ side in granting his initial injunction move in late January, writing that “the provision is unconstitutionally vague. “
“I think the governor got involved in this law when he signed it, and I think he got involved in its constitutionality,” Kheriaty said.
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Kheriaty also said the law and the ambiguity of the ruling open the door to further cancellation of COVID-19 data through long-term medical commissions, saying, “Even if the existing medical commission is not susceptible to suing me for my COVID reviews, this law, a long-term medical commission could do that. “
California Gov. Gavin Newsom speaks at a news conference in San Francisco. (Justin Sullivan/Getty Images)
Kheriaty said the team expects a full-blown court battle, calling for an abstract ruling to be issued in their favor. However, the team of doctors is ready to go all the way to the U. S. Supreme Court. UU. si the dispute over the law is going so far.
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“If the law had been ratified and there were other spaces of controversy within medicine where the state had vested interests that it sought to promote, it would set a precedent forged for the legislature to amend this law, remove the word ‘COVID’ and replace it with any medical conditions or pass additional laws that apply to anything. “Kheriaty said.
Newsom’s has already indicated that it will not appeal the court order.
People wear masks while driving an exercise on the Los Angeles subway on Dec. 15, 2021 in Los Angeles. (Mario Tama/Getty Images)
“Given the similar appeals pending before the Ninth Circuit, any of which have an expedited deadline and will predate this case, the State has decided that it will not appeal this ruling at this time,” Brandon Richards, a spokesman for the governor, told Fox News Digital in an emailed statement.
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California has become one of the strictest states when it came to COVID-19 restrictions early in the pandemic and beyond. The Blue State was the first to enact a statewide stay-at-home order and recently rescinded a COVID-19 vaccine requirement for students. California is expected to finalize its emergency declaration on Feb. 28.
Haley Chi-Sing is a production assistant at Fox News Digital. You can succeed with it on @haleychising on Twitter.