Federal Court Used MY Arguments to Block Draconian Law AB2098

Thank you to hero plaintiffs Tracy Beth Hoeg, Aaron Kheriaty, and Children’s Health Defense for undertaking this expensive litigation and presenting incredibly well-worded arguments that led to the California Eastern District federal court agreeing with plaintiffs and blocking this ridiculous law from being enforced across California.

In October, I posted my opinion about this law and how it could be defeated:

Igor’s Newsletter

How to Defeat California’s AB2098 — A Modest Proposal

There is a major furor happening over California’s AB2098, a bill intended to silence California’s doctors over Covid matters. I fully share the indignation. Fortunately, we are lucky because this law is very poorly written and should be easily defeated…

Igor Chudov

Before I proceed, let me state that I am sure the above Substack post played NO role in the actual litigation and that no one of importance read it. What I wrote was relatively trivial and required only modest familiarity with First Amendment precedents, vagueness doctrine, past court rulings, and close reading of AB2098 itself.

Nevertheless, I am glad the court echoed some of my opinions and shut the law down with a preliminary injunction.

Below, I will highlight passages from my post and fragments of the court’s decision, so you can compare them.

The court also realized that the most important sentence of AB2098 is grammatically incorrect gibberish. (scientific consensus contrary to the standard of care.) The law states:

The court realized that, besides being a bad policy, the law made no literal sense and was a grammatical mess.

During the hearings, the state of California’s attorneys attempted to essentially rewrite the law by offering an interpretation that does not follow the text of the law.

The court wisely refused, suggesting that if the law needs a major rewrite, then the legislature must write a new law that actually makes sense.

We all got lucky that a fool, a non-lawyer vaccine fanatic pediatrician Richard Pan of Sacramento, wrote AB2098. Richard Pan has terrible reviews as a doctor, and if I could grade his law-writing skills, I would rate him with zero stars out of 10.

We all got very lucky that AB2098 was so badly written.

I also hope that a Covid quack doctor Richard Pan will not be subject to any “pandemic amnesty.”