Motion for leave to file amicus curiae brief — Apter v. HHS

Record facts

U.S. District Court for the Southern District of Texas (Galveston Division) · No. 3:22-cv-00184 · Doc. 35 · 2022-10-06 · Docket on CourtListener

Full text

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
No. 3:22-cv-184
ROBERT L. APTER, M.D., FACEP;
MARY TALLEY BOWDEN, M.D.; and
PAUL E. MARIK, MBBCh, M.MED, FCCM,
FCCP,
Plaintiffs,
v.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES; XAVIER BECERRA, in his official capacity as
Secretary of Health and Human Services;
FOOD AND DRUG ADMINISTRATION; and
ROBERT M. CALIFF, M.D., MACC, in his official
capacity as Commissioner of Food and Drugs,
Defendants
CONSENT MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF 
       
CORPORATE DISCLOSURE STATEMENT, 
CERTIFICATE OF INTERESTED PERSONS
Proposed Amicus Curiae is America’s Frontline Doctors (“AFLDS”), a
non-partisan, not-for-profit organization of hundreds of member physicians who
come from across the country, representing a range of medical disciplines and
practical experience on the front lines of medicine. AFLDS’ programs focus on a
number of critical issues discussed below. No publicly held company has a 10
Case 3:22-cv-00184   Document 35   Filed on 10/06/22 in TXSD   Page 1 of 5

percent or greater ownership interest in America’s Frontline Doctors.  
A MATTER OF GREAT PUBLIC IMPORTANCE
America’s Frontline Doctors (“Amicus” or “AFLDS”) respectfully moves for
leave to file the incorporated amicus curiae brief as amicus curiae in support of the
plaintiffs request for declaratory and injunctive relief in Apter, et al v Department of
Health and Human Services, et al, 22-cv-00184, SDTX, filed on June 2nd, 2022. The
United States Supreme Court accepted the filing of an amicus curiae brief from
AFLDS as well in Nat’l Fed’n of Indep. Bus. v. OSHA, 595 U.S.__, 142 S. Ct. 661
(2022), which position prevailed in that case. Consent for the filing of this motion and
brief was sought from all parties on September 29th, 2022, and consent to an amicus
brief filed by October 7th, 2022 was courteously obtained in writing from all parties. 
Permitting the filing of the proposed amicus curiae brief would offer an
important perspective to this Court on a matter of great public importance. This
amicus curiae brief conclusively demonstrates that the defendants exceeded their
authority by illegally interfering with the plaintiff physicians’ doctor/patient
relationships, illegally demonizing a legal use of the drug ivermectin, and as such
illegally interfered with the practice of medicine. Further, the defendants have not yet
ceased this illegal government overreach, thus continuing to compromise patient
safety and medical care.               
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INTEREST OF AMICUS CURIAE
Proposed Amicus Curiae is America’s Frontline Doctors (“AFLDS”), a
non-partisan, not-for-profit organization of hundreds of member physicians who
come from across the country, representing a range of medical disciplines and
practical experience on the front lines of medicine. AFLDS’ programs focus on a
number of critical issues including:
• Providing Americans with science-based facts about Covid-19;
• Protecting physician independence from government overreach;
• Combating Covid-19 with evidence-based approaches without
compromising constitutional freedoms;
• Fighting medical cancel culture and media censorship;
• Advancing healthcare policies that protect the physician-patient
relationship;
• Expanding Covid-19 treatment options for all Americans who need them; and
• Strengthening the voices of frontline doctors in the national healthcare
conversation.
Each of AFLDS’ member physicians is deeply committed to the guiding
principle of medicine: “FIRST, DO NO HARM.” They gravely take their ethical
obligations to their patients. It is axiomatic that a physician’s duty is to his or her
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patient. AFLDS holds sacrosanct the relationship between doctor and patient
where informed decisions are to be made, taking into consideration all of the
factors relating to the patients’ health, risks, co-morbidities and circumstances.
For AFLDS member physicians, the practice of medicine is not simply a job.
Neither is it merely a career. Rather, it is a sacred trust. It is a high calling that
often requires a decade or more of highly focused sacrificial dedication to achieve.
America’s Frontline Doctors is committed to preserving the voluntary and
fully informed doctor/patient relationship, and opposes any sort of illegal
interference with the doctor/patient relationship and illegal government overreach,
as is presented by this case. 
Respectfully Submitted, 
s/ David A. Dalia
David A. Dalia, La. Bar No. 01320
Attorney at Law
830 Union Street, Suite 302
New Orleans, LA 70112
T: 504-524-5541
davidadalia@gmail.com 
Pro hac vice
Lauren E. Bradford
Attorney at Law
1645 W. Valencia Road, Ste 109 #19
Tucson, AZ 85746-6099
Laurenbradford@aflds.org
Counsel for Amicus Curiae,
America’s Frontline Doctors 
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Certificate of Compliance
I hereby certify that the foregoing consent motion contains 802 words as
measured by Microsoft Word, and that its page length is no more than five (5)
pages. I further certify that this motion is in 14-point Times New Roman type.
s/ David A. Dalia
David A. Dalia
Certificate of Service
I hereby certify that on the 6th day of October, 2022, a copy of the foregoing
Consent Motion was filed electronically with the Clerk of Court using the
CM/ECF system, and notice of this filing was sent electronically to all counsel of
record using the CM/ECF system. 
                                   s/  David A. Dalia                   
                                   David A. Dalia
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