A new California law that went into effect on January 1st is intended to punish doctors who spread “misinformation” about Covid—and especially about treatment options and the dangerous mRNA injections.
Thank you, Mark, for the link & ever-present insightful commentary.
This judge invalidated the statute on 14th Amendment vagueness grounds. The statutory language was too vague to be enforceable. The judge didn't address the plaintiffs' 1st Amendment arguments. Courts avoid 1st Amendment issues when they can resolve a case on other grounds.
Also, this was a preliminary injunction decision. To get a PI, the plaintiffs must show a substantial likelihood on the merits, meaning they would win at trial after full discovery (depositions, document exchange, etc.). Whoever wins the preliminary injunction hearing almost always wins any later contested trial. Most cases settle after a preliminary injunction ruling.
The judge cited a contrary decision from a different federal judge in CA who upheld the idiotic statute. This case / issue will almost certainly go to the infamously liberal 9th Circuit Court of Appeals. Will be interesting to see if SCOTUS takes the case.
The military/Industrial complex is first and foremost about the money. It'd be an interesting study to compute the money that went to it (How many billionaires?) at Price/death rate.
I don't think the generals and other benefactors care, frankly. Col MacGregor said Ukraine losses -that is deaths- are between 137.000 and 160,000. I've not seen his numbers to be far off. Best to ya RNO! (WRH)
I've noticed that when actual science is presented, such as how chromosomes determine the sex of a human being, that the left quickly abandons science and moves on to personal attacks and name calling.
Aha! you've exposed yourself as a X/Y bigot! Stupid biology and true science does not apply in today's woke-pseudo reality world, after all... *(Forgive my sarcasm DJL; it is so frustrating today - gender fluidity is also reality-fluidity out of some necessity for "of-the-moment Victimhood" junk). Best to you! (WRH)
Maybe there will be some of that, but I think at some point the penny will drop. It's funny how Fauci is keeping such a low profile. If things were going well, he'd be doing ticker tape parades around the country and opening new shopping malls.
If satire, it belongs in the Bee. If not, a sign the Covid Ponzi scheme is falling apart, but with a desperate attempt to portray the vaxxed as honorable dutiful citizens “ doing what is right.” Reminds me of the Ukraine Ponzi Débacle: arming Ukraine mandated (🤑). Diplomacy, discussion Nyet.
Interesting diversion, RNO... and I thought I was a Rabbit Trail chaser!
A recent post by Mark Re: tanks linked to a Mercouis (sp) interview where he proposed all this tank movement is to set up Poland (not Ukraine) with capability to take over W Ukraine... Sounded kinda longshot-ish but with your reminder, gains some weight.
I'll add -having been in a Mechanized infantry Brigade in the 1970's- I had great interest in what is now the Abrahams tank (I knew it as the "XM-1"' prototype specs and performance was eye-popping compared to our M60A2's). 2 things we didn't really care about then: Fuel consumption (huge issue for Ukraine) and high-powered (yee-haw!) but very high heat signature. Less important back then; now a-days if you can't mask your signatures, even at 45 MPH you're simply a target.
I could run a firing team better than an artillery battalion; but I did serve as Fire Direction NCO at battalion level for a while. Counter battery fire was primary but even back then we had what was called a CLEP round: fired from M109/155MM howitzers it could follow it's target in flight. The stuff today is not just laser guided but EC-3 (AWAC) or satellite enabled targeting is normal stuff. I do not declare any expertise with today's modern battlefield amazing technology, however Col MacGregor suggests Russia can fire 60,000 rounds of (various) artillery - daily. With 21st century targeting, those 42 or 65 newer-version tanks (unsure of present count, could be all of 200) are going to be expensive experiments in 'how fast and how well can a Ukrainian soldier learn to operate this fancy-smancey equipment'. I submit the kill-ratio to learning curve will not be a good one for Ukraine personnel.
Hey RSC, hope you're looking forward to a great weekend!
I find the news cycle you mention to be an ongoing mess of bad news. I was thinking it's by design. If there's a lot of bad news, it kind of gets us de-sensitized and with our trained-short attention spans forgotten - w/o due consequences. A way to succeed when the agenda should be absolutely rejected, so to speak. I dunno anymore: accountability seems an old, expired thing. (WRH)
My broad brush answer here is Doctors make their living by seeing patients and are reimbursed by that person’s insurance. The insurance industry has greatly curtailed the payments to doctors so the MD must squeeze more patients into their busy day. Most doctors have board certification and the certifying boards put pressure on the MDs to speak only in certain terms. Also, docs employed in groups contracted to hospitals are told by their group the hospital expects the billing ICD-10 to maximize reimbursement, therefore anything Covid-19 pays more than codes without that modifier. So docs code to maximize reimbursement, see more patients for more billing and pressure from various groups to tow the line. This goes far beyond just the jabs.
I’ve noticed a new tactic. We moved to Florida a couple of years ago so had to find new docs under our Medicare plan. I had to sign up with a “primary” care physician through whom all other specialists were referred. Then I had my first annual check up which required lab work. Cha Ching. Although I’ve been blessed with good health all my life (I just turned eighty) the initial physical found that I needed to see various specialists. Why? Well, this and that. More lab work. Some X-rays MRIs, Cha Ching, cha Ching. Then what used to be an annual check up became a six month check up with lab work each time. Each specialist has to see me every six months with his lab work. Are you hearing the cash registers here? Multiply this by all the retirees in Florida and then listen to the poor doctors complaining about being over worked. Oh, by the way, I’ve never met my primary care guy. He has a lovely young PA who is taking very good care of me. Most of the visits are PA’s. Seldom meet an actual MD. I don’t feel like any of them have done anything useful.
Thanks for your very revealing comments. I'll remind you that since Obamacare regulations (which lost it's chance of reversal due to that AZ Senator, apparently because he hated President Trump) accounting, pricing and a ton of 'new rules' opened a flood-gate of retirements. Remaining Docs who, typically younger, came to populate the now huge commercial medical institutions industry (with 5 patients/hour requirements, etc.). Fed-payee rules require annual PCP checks (billed as good and free) - oh! with those invasive questions "have you wanted to commit suicide lately?" etc. that are required to be asked under Obamacare rules. Anyways, too numerous to list are the (not so good) changes but I'll leave off with this reminder: President "Keep your Doctor" Obama said it might be "that Grandma will just be given a pill rather that get that [expensive] procedure". 'Socialists will Socialism-ize', (I really butchered that...). Think for just a sec - euthanasia (Canada-perfect example). Much cheaper and versatile - recall Vets now being led to go that way? Not just for us oldies, it seems. My best, Gentlemen! (WRH)
Well made points, Mr. Forbes. (Hmm, RU that very rich guy?!) - :^) -
Socialism (to keep this simple) being top-down and being dictated-markets based is exactly what you described. Obamacare: along with absurd costs and system-rigging ( (where everything is a referral, it seems) repeat/return visits, tele-health and other creative forces come in to play. A mix of capitalism/socialist rules afflict medicine it appears.
I'm all for Self-Advocacy for medical care. Sadly, whether right or wrong, we weren't taught to be real medically-informed (Our Doctor was trustworthy...). The counter (and a worse) pathway now is the huge draw of "Dr. Google" when, coupled with TV Ads for every Rx new drug saying "Ask you doctor about XXXX" results in causing a mess within this already screwed up system (one needn't be hypochondriac anymore: ask Google and you'll find plenty wrong with you).
I'll add one more detrimental thing, a personal, anecdotal note; I was prescribed a drug as alternative to long-term treatment drug: I researched it online finding information that affirmed the Doc's prescription. Until it didn't work as advertised. (Severe side effects). I looked back at that info I'd trusted, finding it was furnished by (you're likely smiling and already shaking your head) the manufacturer of said drug.
The return to free-market capitalism in ALL our country functions would be a huge return of our basic Constitutional liberties and freedoms. Imagine competition w/o Gov't intervention... we became a pretty significant World-leading economy that way. And a World leader of Liberty and Freedom.
I ranged very far here, but do want to express my appreciation of your well considered contributions and thoughts, sir. Thank you. (WRH)
Further discussion by Turley, who's very much on Judge Shubb's side:
https://jonathanturley.org/2023/01/26/court-enjoins-californias-bar-on-doctors-giving-false-information-on-covid/
Interesting on the increase in those getting disability. And I heard from family it’s a pain to get status to collect disability…
https://vigilantfox.substack.com/p/smoking-gun-disability-data-reveals
Thank you, Mark, for the link & ever-present insightful commentary.
This judge invalidated the statute on 14th Amendment vagueness grounds. The statutory language was too vague to be enforceable. The judge didn't address the plaintiffs' 1st Amendment arguments. Courts avoid 1st Amendment issues when they can resolve a case on other grounds.
Also, this was a preliminary injunction decision. To get a PI, the plaintiffs must show a substantial likelihood on the merits, meaning they would win at trial after full discovery (depositions, document exchange, etc.). Whoever wins the preliminary injunction hearing almost always wins any later contested trial. Most cases settle after a preliminary injunction ruling.
The judge cited a contrary decision from a different federal judge in CA who upheld the idiotic statute. This case / issue will almost certainly go to the infamously liberal 9th Circuit Court of Appeals. Will be interesting to see if SCOTUS takes the case.
Wonder if the doctors in CA have formed an opinion about this?
The military/Industrial complex is first and foremost about the money. It'd be an interesting study to compute the money that went to it (How many billionaires?) at Price/death rate.
I don't think the generals and other benefactors care, frankly. Col MacGregor said Ukraine losses -that is deaths- are between 137.000 and 160,000. I've not seen his numbers to be far off. Best to ya RNO! (WRH)
(Oops, was intended as response to Rascal Nick Of). Sorry...
Great update as always Mark and nice to get some positive news - especially out of California!
"Good heavens, Miss Sakamoto, you're beautiful!" She Blinded Me With Science!
I've noticed that when actual science is presented, such as how chromosomes determine the sex of a human being, that the left quickly abandons science and moves on to personal attacks and name calling.
Funny, that.
Aha! you've exposed yourself as a X/Y bigot! Stupid biology and true science does not apply in today's woke-pseudo reality world, after all... *(Forgive my sarcasm DJL; it is so frustrating today - gender fluidity is also reality-fluidity out of some necessity for "of-the-moment Victimhood" junk). Best to you! (WRH)
Facts, and Truth, can be inconvenient things. This judges understanding here offers some hope. Thank you again for sharing Mark.
Maybe there will be some of that, but I think at some point the penny will drop. It's funny how Fauci is keeping such a low profile. If things were going well, he'd be doing ticker tape parades around the country and opening new shopping malls.
If satire, it belongs in the Bee. If not, a sign the Covid Ponzi scheme is falling apart, but with a desperate attempt to portray the vaxxed as honorable dutiful citizens “ doing what is right.” Reminds me of the Ukraine Ponzi Débacle: arming Ukraine mandated (🤑). Diplomacy, discussion Nyet.
Interesting diversion, RNO... and I thought I was a Rabbit Trail chaser!
A recent post by Mark Re: tanks linked to a Mercouis (sp) interview where he proposed all this tank movement is to set up Poland (not Ukraine) with capability to take over W Ukraine... Sounded kinda longshot-ish but with your reminder, gains some weight.
I'll add -having been in a Mechanized infantry Brigade in the 1970's- I had great interest in what is now the Abrahams tank (I knew it as the "XM-1"' prototype specs and performance was eye-popping compared to our M60A2's). 2 things we didn't really care about then: Fuel consumption (huge issue for Ukraine) and high-powered (yee-haw!) but very high heat signature. Less important back then; now a-days if you can't mask your signatures, even at 45 MPH you're simply a target.
I could run a firing team better than an artillery battalion; but I did serve as Fire Direction NCO at battalion level for a while. Counter battery fire was primary but even back then we had what was called a CLEP round: fired from M109/155MM howitzers it could follow it's target in flight. The stuff today is not just laser guided but EC-3 (AWAC) or satellite enabled targeting is normal stuff. I do not declare any expertise with today's modern battlefield amazing technology, however Col MacGregor suggests Russia can fire 60,000 rounds of (various) artillery - daily. With 21st century targeting, those 42 or 65 newer-version tanks (unsure of present count, could be all of 200) are going to be expensive experiments in 'how fast and how well can a Ukrainian soldier learn to operate this fancy-smancey equipment'. I submit the kill-ratio to learning curve will not be a good one for Ukraine personnel.
RNO, the best to you! (WRH)
It’s just more virtue signaling showing they are doing something, to stop those dastardly Ruskies.
And to dominate the media cycle.
Hey RSC, hope you're looking forward to a great weekend!
I find the news cycle you mention to be an ongoing mess of bad news. I was thinking it's by design. If there's a lot of bad news, it kind of gets us de-sensitized and with our trained-short attention spans forgotten - w/o due consequences. A way to succeed when the agenda should be absolutely rejected, so to speak. I dunno anymore: accountability seems an old, expired thing. (WRH)
Friday releases are a thing. That way by Monday they are old news…
This latest Twitter revelation shows A+ Astro turfing.
https://twitter.com/mtaibbi/status/1619029772977455105
RNO, a response I did back to you wound up as a stand-alone comment. Kinda outta place (above). Oh well, not unusual in my world...
My broad brush answer here is Doctors make their living by seeing patients and are reimbursed by that person’s insurance. The insurance industry has greatly curtailed the payments to doctors so the MD must squeeze more patients into their busy day. Most doctors have board certification and the certifying boards put pressure on the MDs to speak only in certain terms. Also, docs employed in groups contracted to hospitals are told by their group the hospital expects the billing ICD-10 to maximize reimbursement, therefore anything Covid-19 pays more than codes without that modifier. So docs code to maximize reimbursement, see more patients for more billing and pressure from various groups to tow the line. This goes far beyond just the jabs.
I’ve noticed a new tactic. We moved to Florida a couple of years ago so had to find new docs under our Medicare plan. I had to sign up with a “primary” care physician through whom all other specialists were referred. Then I had my first annual check up which required lab work. Cha Ching. Although I’ve been blessed with good health all my life (I just turned eighty) the initial physical found that I needed to see various specialists. Why? Well, this and that. More lab work. Some X-rays MRIs, Cha Ching, cha Ching. Then what used to be an annual check up became a six month check up with lab work each time. Each specialist has to see me every six months with his lab work. Are you hearing the cash registers here? Multiply this by all the retirees in Florida and then listen to the poor doctors complaining about being over worked. Oh, by the way, I’ve never met my primary care guy. He has a lovely young PA who is taking very good care of me. Most of the visits are PA’s. Seldom meet an actual MD. I don’t feel like any of them have done anything useful.
Hey JK & Mr Tom,
Thanks for your very revealing comments. I'll remind you that since Obamacare regulations (which lost it's chance of reversal due to that AZ Senator, apparently because he hated President Trump) accounting, pricing and a ton of 'new rules' opened a flood-gate of retirements. Remaining Docs who, typically younger, came to populate the now huge commercial medical institutions industry (with 5 patients/hour requirements, etc.). Fed-payee rules require annual PCP checks (billed as good and free) - oh! with those invasive questions "have you wanted to commit suicide lately?" etc. that are required to be asked under Obamacare rules. Anyways, too numerous to list are the (not so good) changes but I'll leave off with this reminder: President "Keep your Doctor" Obama said it might be "that Grandma will just be given a pill rather that get that [expensive] procedure". 'Socialists will Socialism-ize', (I really butchered that...). Think for just a sec - euthanasia (Canada-perfect example). Much cheaper and versatile - recall Vets now being led to go that way? Not just for us oldies, it seems. My best, Gentlemen! (WRH)
Well made points, Mr. Forbes. (Hmm, RU that very rich guy?!) - :^) -
Socialism (to keep this simple) being top-down and being dictated-markets based is exactly what you described. Obamacare: along with absurd costs and system-rigging ( (where everything is a referral, it seems) repeat/return visits, tele-health and other creative forces come in to play. A mix of capitalism/socialist rules afflict medicine it appears.
I'm all for Self-Advocacy for medical care. Sadly, whether right or wrong, we weren't taught to be real medically-informed (Our Doctor was trustworthy...). The counter (and a worse) pathway now is the huge draw of "Dr. Google" when, coupled with TV Ads for every Rx new drug saying "Ask you doctor about XXXX" results in causing a mess within this already screwed up system (one needn't be hypochondriac anymore: ask Google and you'll find plenty wrong with you).
I'll add one more detrimental thing, a personal, anecdotal note; I was prescribed a drug as alternative to long-term treatment drug: I researched it online finding information that affirmed the Doc's prescription. Until it didn't work as advertised. (Severe side effects). I looked back at that info I'd trusted, finding it was furnished by (you're likely smiling and already shaking your head) the manufacturer of said drug.
The return to free-market capitalism in ALL our country functions would be a huge return of our basic Constitutional liberties and freedoms. Imagine competition w/o Gov't intervention... we became a pretty significant World-leading economy that way. And a World leader of Liberty and Freedom.
I ranged very far here, but do want to express my appreciation of your well considered contributions and thoughts, sir. Thank you. (WRH)