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MONTANA MEDICAL ASSOCIATION v. KNUDSEN

No. 23-35014.

119 F.4th 618 (2024)

MONTANA MEDICAL ASSOCIATION; Five Valleys Urology, PLLC; Providence Health & Services-Montana; Western Montana Clinic, PC; Pat Appleby; Mark Carpenter; Diana Jo Page; Wallace L. Page; Cheyenne Smith, Plaintiffs-Appellees, Montana Nurses Association, Intervenor-Plaintiff-Appellee, v. Austin KNUDSEN, Montana Attorney General; Laurie Esau, Montana Commissioner of Labor and Industry, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 9, 2024.

Attorney(s) appearing for the Case

Kathryn S. Mahe (argued) Justin K. Cole, Garlington Lohn & Robinson PLLP, Missoula, Montana; Raph Graybill, Graybill Law Firm PC, Great Falls, Montana; for Plaintiffs-Appellees.

Brent A. Mead (argued), Deputy Solicitor General; Michael D. Russell, Assistant Attorney General; Christian B. Corrigan, Solicitor General; Austin Knudsen, Montana Attorney General; Office of the Montana Attorney General, Montana Department of Justice, Helena, Montana; for Defendants-Appellants.

Elise K. Yarnell and David Tryon, Hahn Loeser & Parks, Columbus, Ohio, for Amicus Curiae The Buckeye Institute.

Leonard A. Nelson, American Medical Association, Chicago, Illinois, for Amicus Curiae American Medical Association.

Concurrence by Judge McKeown

OPINION

In 2021, the Montana Legislature enacted House Bill 702 (HB 702) to prohibit discrimination based on vaccination status. The district court below held that two federal laws, the Americans with Disabilities Act (ADA) and the Occupational Health and Safety Act (OSH Act), impliedly preempt HB 702. The court further...

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