The emergency request stems from a lawsuit filed in March alleging the Washington Medical Commission violated the doctors’ First Amendment right to criticize the “mainstream COVID narrative” and the public’s First Amendment right to hear the opposing viewpoints.
On Wednesday, Associate Justice Elena Kagan rejected the plaintiffs’ original request. Attorneys submitted today’s request to Associate Justice Clarence Thomas.
Rick Jaffe one of the attorneys representing the plaintiffs, said that although the practice is “disfavored,” Supreme Court rules allow petitioners to resubmit applications for injunctions.
“We think the issue is important enough and has national consequences such that we should leave no stone unturned,” Jaffe said. “Justice Thomas has a long history of protecting First Amendment rights.”
In addition to CHD, plaintiffs in the case include Drs. Richard Eggleston, Tom Siler and Daniel Moynihan; and former NBA star John Stockton. Stockton alleged that suppressing the doctors’ public speech violated his First Amendment right to listen to such speech, is also a plaintiff.