Winning against Junk Covid Science. Ninth Circuit Overturns Federal Judge’s Ruling, Upholds Montana Law Protecting Workers and Patients from Discrimination Based on their Vaccination Status.

Winning against Junk Covid Science.

Ninth Circuit Overturns Federal Judge’s Ruling, Upholds Montana Law Protecting Workers and Patients from Discrimination Based on their Vaccination Status.

Montana passed a law where you couldn't discriminate or use junk science against those who didn't take the jab or didn't have the jab card. One court said they could discriminate.

The 9th did its job and overturned the lower court.

The Ninth Circuit emphasized that HB 702 allows healthcare facilities to take necessary steps to protect patient and staff safety without mandating vaccination status disclosures or creating discriminatory workplace policies. HB 702 simply requires facilities to find “reasonable accommodations” without resorting to forced vaccinations or employment bans.

The panel held that neither the ADA nor the OSH Act’s general duty clause facially preempts HB 702 in health care settings. Plaintiffs had not demonstrated that HB 702 creates a genuine conflict with the ADA in any specific case, much less that HB 702 is facially invalid in all health care settings.