The Montana Medical Association and Providence Health, along with multiple private practice doctors and patients, have filed a lawsuit against Attorney General Austin Knudsen and Commissioner of Labor and Industry Laurie Esau in the Montana District Court today.
The controversial HB702, which passed earlier this year, disallows businesses and government the ability to deny any goods, services, health care access, and educational or unemployment opportunities based on vaccination status.
The passing of President Biden’s new federal vaccination mandates prompted AG Knudsen and several other state Attorneys General to file lawsuits against the federal government, alleging that the President Biden’s executive order is unconstitutional.
There has been much debate over the status of HB702 following the President’s recent executive orders, with many, including legal scholars, pointing to the supremacy clause of the U.S. Constitution which enables the executive branch to override state laws. Enforcement of such laws remains a different issue as has been seen in various state’s legalization of marijuana, a schedule 1 drug under the federal government’s Controlled Substance Act.
The relevant sections of the lawsuit:s