CA Judge Halts Law Censoring Doctors; 11th Cir. Holds Congress’ State Tax Cut Ban Unconstitutional

California Judge Grants Injunction to NCLA Clients, Halts Implementation of Law Censoring Doctors

Senior Judge William Shubb of the U.S. District Court for the Eastern District of California has granted NCLA’s motion for preliminary injunction in Høeg, et al. v. Newsom, et al. He held that plaintiffs have standing to bring a legal challenge, and enjoined implementation of Assembly Bill (AB) 2098 in California. The controversial state law empowered the Medical Board of California to discipline physicians who “disseminate” information regarding Covid-19 that departs from the “contemporary scientific consensus.” Judge Shubb stated that “the ‘contemporary scientific consensus’ lacks an established meaning within the medical community,” and thus, because the “scientific consensus” is so ill-defined and vague, the physician plaintiffs in the lawsuit are “unable to determine if their intended conduct contradicts the scientific consensus, and accordingly ‘what is prohibited by the law.’”

NCLA Senior Litigation Counsel Greg Dolin joins Mark to discuss NCLA’s recent win in Høeg v. Newsom.

11th Circuit Holds Congress’ State Tax Cut Ban Unconstitutional, in NCLA Win

The 11th Circuit has handed down a ruling in West Virginia v. U.S. Department of the Treasury, upholding the district court’s decision to permanently enjoin the Secretary of the Treasury from enforcing a “Tax Cut Ban” against the 13 states that sued her: West Virginia, Alabama, Alaska, Arkansas, Florida, Iowa, Kansas, Montana, New Hampshire, Oklahoma, South Carolina, South Dakota, and Utah. The ruling marks NCLA’s second amicus win on appeal—following Commonwealth of Kentucky and State of Tennessee v. Janet Yellen, et al.—in lawsuits contesting Congress’s attempt to usurp state taxing authority.

Vec interviews NCLA Litigation Counsel Sheng Li on the decision.