Just before the Thanksgiving holiday, the Texas Medical Board filed a confidential motion for summary judgment in its ongoing case against Dr. Mary Talley Bowden.

This is the latest in a long line of legal and public relations gimmicks from the TMB, which has been criticized for its weaponization. The board is pressing its disadvantage at a time when the state and nation are rejecting abusive bureaucratic overreach.

The TMB’s latest action was criticized on X by incoming State Rep. Mitch Little, who wrote, “We don’t try cases in secret courts with secret evidence in this country.”

Little, who achieved overnight notoriety for defending Attorney General Ken Paxton from impeachment, joins a growing list of representatives in the Texas House criticizing the board and its actions.

State Rep. Steve Toth (R-Conroe) has publicly called for Gov. Greg Abbott’s intervention in Dr. Bowden’s hearings, criticizing the TMB for overreach. State Rep. Tony Tinderholt (R-Arlington) has joined Toth in this call, urging both Abbott and Attorney General Ken Paxton to investigate and hold the TMB accountable.

Despite calls to intervene, Abbott has remained on the sidelines. Members of the TMB serve at the pleasure of the governor.

Dr. Bowden, a prominent figure in the ongoing debate over COVID-19 treatments, gained national attention after treating over 6,000 COVID-19 patients without a single death. Her approach included monoclonal antibodies until they were cut off by the federal government, at which time she switched to ivermectin.

The TMB’s case against Dr. Bowden stems from complaints filed by Houston Methodist Hospital and Texas Health Huguley Hospital in Fort Worth. These complaints allege unprofessional conduct and violations of the standard of care.

The legal proceedings against Dr. Bowden have been protracted, lasting over two and a half years. A state administrative hearing, initially scheduled for earlier this year, was rescheduled at the TMB’s request for the fall before being pushed again.

The punishment is the process. Delays, depositions, and secret filings are all costly. Dragged-out proceedings are meant to drain resources and inflict pain, even if the eventual outcome is a dropped case.

The new double top secret filing from the TMB comes after the state was given a second crack at deposing Dr. Bowden, a deposition that, according to Bowden, focused primarily on her use of social media.

Dr. Bowden has consistently maintained her innocence, arguing that she is the victim of vindictive bureaucrats and that her due process rights have been violated. She has also claimed that the actions against her are politically motivated and part of a broader effort by the medical lobby to suppress independent medical opinions.

Texans who are rightfully concerned about bureaucratic bloat and mission creep, including abuse of citizens in D.C., have a case here in Texas to keep an eye on.

The outcome of Dr. Bowden’s case could have significant implications for medical practitioners and Texans in pursuing alternative treatments in future health crises.

The next legislative session will begin in just over a month.

Daniel Greer

Daniel Greer is the Director of Innovation for Texas Scorecard.

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