Court Finds Dr. Scott Jensen Can Sue Minnesota Medical Board Over COVID Comments
The Eighth Circuit ruled that former state senator and physician Scott Jensen has standing to challenge the Minnesota Board of Medical Practice’s investigations into his pandemic statements.
An Eighth Circuit panel authored by Judge David Stras concluded that Dr. Scott Jensen, a former Minnesota state senator and 2022 gubernatorial candidate, possesses the requisite standing to sue the Minnesota Board of Medical Practice over its COVID-19 related investigations. The board had received 18 complaints accusing Jensen of spreading misinformation, leading to four formal probes that required him to provide extensive documentation and attend an in-person conference after the election.
Jensen incurred significant legal fees, lost patient revenue, and spent countless hours preparing responses, which the court deemed concrete, particularized injuries. The panel also emphasized that the threat of further disciplinary action chilled his speech, satisfying the Article III standing requirements. Consequently, the case was remanded to the district court to address the merits of his First and Fourteenth Amendment claims.
Why it matters
The ruling clarifies how professional investigations can constitute a legal injury, affecting free-speech claims against regulatory bodies.
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