Michael Ejercito wrote:
> HeartDoc Andrew, in the Holy Spirit, boldly wrote:
>> Michael Ejercito wrote:
>>
>>> https://www.reddit.com/r/LockdownSkepticism/comments/1g2i4mf/federal_appeals_court_reinstates_vaccine_choice/
>>>
>>> Federal appeals court reinstates vaccine choice law for Montana health
>>> care facilities
>>> The Ninth Circuit Court of Appeals decision comes nearly two years after
>>> House Bill 702 was partially blocked.
>>> by Mara Silvers
>>> 10.10.2024
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>>>
>>> Credit: Adobe stock. May not be republished without license.
>>> The U.S. Ninth Circuit Court of Appeals ruled Thursday that Montana’s
>>> pandemic-era law barring vaccine mandates and data collection may go
>>> into effect in health care settings, reversing a federal judge’s
>>> injunction from 2022 after state attorneys appealed the case early last
>>> year.
>>>
>>> House Bill 702, which was already in place for many other private
>>> businesses and employment settings, prohibits employers from
>>> discriminating on the basis of a person’s vaccination status. The law
>>> applies not only to COVID-19 vaccines but also to immunizations against
>>> measles, mumps, rubella, varicella, tuberculosis, diphtheria, pertussis
>>> and hepatitis B.
>>>
>>> The Thursday ruling by a panel of three justices allows HB 702 to now
>>> apply to health care facilities that were shielded from compliance under
>>> the federal district court injunction.
>>>
>>> The plaintiffs that challenged the 2021 Republican-backed law included
>>> immunocompromised patients, the Montana Medical Association, the Montana
>>> Nurses Association, Western Montana Clinic and Five Valleys Urology.
>>>
>>> Read the ruling
>>> Download
>>> Together, the plaintiffs argued that the law conflicted with the
>>> requirements of the Americans with Disabilities Act (ADA) and the
>>> Occupational Safety and Health Act (OSH Act) to take available
>>> precautions against the spread of infectious diseases. They also said
>>> that the law made carveouts for some health facilities, such as senior
>>> and long-term care centers when specific federal regulations apply, but
>>> not others.
>>>
>>> During a three-day trial in Missoula in 2021, the plaintiffs summoned
>>> multiple health care experts and facility employees to testify about how
>>> up-to-date vaccine information can help track which employees are
>>> inoculated against transmittable diseases, such as whooping cough. That
>>> type of mandatory documentation is prohibited by HB 702, making it
>>> difficult to assign workers to different units and patients based on
>>> their immunization status.
>>>
>>> In the 2022 ruling, federal Montana district judge Donald Molloy ruled
>>> that the state law was preempted by the federal ADA and OSH Act, as it
>>> applied to health care settings, and was unconstitutional under the
>>> federal equal protection clause by creating distinct classes of
>>> facilities that are similarly situated.
>>>
>>> But the Thursday ruling from the Ninth Circuit reversed Molloy’s
>>> decision on all fronts, finding that the plaintiffs’ arguments were too
>>> general to show that a real and present conflict exists between state
>>> and federal statutes.
>>>
>>> “The district court’s findings at most support a ‘hypothetical or
>>> potential conflict’ between the [Occupational Health Act] and HB 702,
>>> which is ‘insufficient,’” the court wrote.
>>>
>>> Determining that the Montana law prohibits employers from keeping
>>> workers safe from “recognized hazards,” such as disease transmission,
>>> “requires a more specific understanding in any given case about the
>>> nature of the employer, the workplace, the diseases in question, the
>>> risks they pose, the availability and feasibility of other methods of
>>> preventing the transfer of vaccine-preventable diseases, and so on,” the
>>> ruling said.
>>>
>>> Regarding the ADA, the court also said that the plaintiff’s concerns
>>> were not specific.
>>>
>>> “Plaintiffs do not argue that the ADA expressly preempts HB 702, but
>>> that it does so impliedly,” the court said. “Although this does not
>>> foreclose challenges based on future or anticipated conflicts, it does
>>> mean that ‘speculative’ conflicts are not sufficient … [T]he record must
>>> fairly support ‘an irreconcilable conflict’ between federal and state law.”
>>>
>>> The appeals court decision criticized Molloy’s findings as “overbroad,”
>>> citing the lack of evidence and sufficient fact-finding presented by the
>>> parties during the trial.
>>>
>>> “[T]he district court below made no apparent findings about whether the
>>> requested accommodation would be necessary to accommodate any specific
>>> ADA claimants, let alone all ADA-protected persons in health care
>>> settings. Nor did the district court properly consider whether ADA
>>> beneficiaries could be reasonably accommodated in ways that do not
>>> violate HB 702, such as through uniform PPE requirements, testing
>>> measures, appropriate alternative work arrangements, and so on,” the
>>> ruling stated.
>>>
>>> A spokesperson for Attorney General Austin Knudsen’s office celebrated
>>> the appeal court’s decision in a Thursday statement.
>>>
>>> “This is great news for Montanans. No one should be subject to
>>> discrimination because of their vaccination status. We’re glad the Ninth
>>> Circuit corrected Molloy’s erroneous decision,” said spokesperson Chase
>>> Scheuer.
>>>
>>> The Montana Medical Association, one of the plaintiffs in the case, said
>>> it was considering next steps.
>>>
>>> “Physicians and health care providers want patients to know that our
>>> policies are set to protect them when they seek treatment,” said MMA
>>> president Ernest Gray, adding that this decision makes that “more
>>> difficult.” He said the organization is “reviewing the decision of the
>>> Ninth Circuit and weighing our future legal options.”
>>>
>>> The Montana Nurses Association echoed that comment in a Thursday
>>> afternoon statement.
>>>
>>> “At trial, community members came together to show how dangerous this
>>> law is for health care in Montana,” said MNA CEO Vicky Byrd. “We are
>>> analyzing the Court’s decision and assessing our next steps.”
>>
>> In the interim, we are 100% prepared/protected in the "full armor of
>> GOD" (Ephesians 6:11) which we put on as soon as we use Apostle Paul's
>> secret (Philippians 4:12). Though masking is less protective, it helps
>> us avoid the appearance of doing the evil of spreading airborne
>> pathogens while there are people getting sick because of not being
>> 100% protected. It is written that we're to "abstain from **all**
>> appearance of doing evil" (1 Thessalonians 5:22 w/**emphasis**).
>>
>> Meanwhile, the only *perfect* (Matt 5:47-8 ) way to eradicate the
>> COVID-19 virus, thereby saving lives, in the US & elsewhere is by
>> rapidly (i.e. use the "Rapid COVID-19 Test" ) finding out at any given
>> moment, including even while on-line, who among us are unwittingly
>> contagious (i.e pre-symptomatic or asymptomatic) in order to
>> "convince it forward" (John 15:12) for them to call their doctor and
>> self-quarantine per their doctor in hopes of stopping this pandemic.
>> Thus, we're hoping for the best while preparing for the worse-case
>> scenario of the Alpha lineage mutations and others like the Omicron,
>> Gamma, Beta, Epsilon, Iota, Lambda, Mu & Delta lineage mutations
>> combining via slip-RNA-replication to form hybrids like "Deltamicron"
>> that may render current COVID vaccines/monoclonals/medicines/pills no
>> longer effective.
>>
>> Indeed, I am wonderfully hungry (
>> https://groups.google.com/g/sci.med.cardiology/c/6ZoE95d-VKc/m/14vVZoyOBgAJ
>> ) and hope you, Michael, also have a healthy appetite too.
>>
>> So how are you ?
>
> I am wonderfully hungry!

While wonderfully hungry in the Holy Spirit, Who causes (Deuteronomy
8:3) us to hunger, I note that you, Michael, are rapture ready (Luke
17:37 means no COVID just as eagles circling over their food have no
COVID) and pray (2 Chronicles 7:14) that our Everlasting (Isaiah 9:6)
Father in Heaven continues to give us "much more" (Luke 11:13) Holy
Spirit (Galatians 5:22-23) so that we'd have much more of His Help to
always say/write that we're "wonderfully hungry" in **all** ways
including especially caring to "convince it forward" (John 15:12) with
all glory (Psalm112:1) to GOD (aka HaShem, Elohim, Abba, DEO), in
the name (John 16:23) of LORD Jesus Christ of Nazareth. Amen.

Laus DEO !