Public health policies cannot strip physicians of their free speech rights, the plaintiffs’ lawyer said.
U.S. Supreme Court Justice Clarence Thomas this week revived an emergency application to block the Washington Medical Commission from investigating licensed physicians in the state over their criticism of COVID-19 policies.
The Washington state commission deems the doctors’ dissenting views on the disease as potentially dangerous misinformation that should be suppressed. The physicians counter that just because they have medical licenses they don’t forfeit their free speech rights under the First Amendment.
The Dec. 4 order by Thomas regarding the application in Stockton v. Ferguson was unusual in that Justice Elena Kagan rejected the same application on Nov. 20. The applicants renewed their request in a court filing directed to Thomas on Nov. 22.
Supreme Court rules allow an application that has been denied by one justice to be presented to another justice. Neither Thomas nor Kagan explained their respective decisions.
The application is now scheduled to be considered by all nine justices at the court’s private judicial conference on Jan. 10, 2025. The justices could grant an injunction against the commission, deny the injunction, or schedule the case for oral argument.
As of Dec. 6, the Supreme Court had not requested a reply from the commission.
The application was brought by former professional basketball player John Stockton along with Drs. Richard Eggleston, Thomas Siler, and Daniel Moynihan and another 50 unidentified medical doctors, as well as Children’s Health Defense, a nonprofit founded by Robert F. Kennedy Jr.
President-elect Donald Trump, who will be inaugurated on Jan. 20, 2025, has nominated Kennedy to be secretary of the U.S. Department of Health and Human Services. Kennedy, an attorney, is also listed as co-counsel on the application.
The applicants filed suit in the U.S. District Court for the Eastern District of Washington, which denied the injunction on May 22. The U.S. Court of Appeals for the Ninth Circuit denied the injunction on Sept. 3. An appeal remains pending in the Ninth Circuit.
