Written by Roger Roots, JD, Ph.D. 

January 25, 2022

Democratic activist (who works as a federal judge) Donald Molloy denies the State’s Motion to Dismiss 

     Montana’s pioneering HB-702, passed by the Legislature last year, prohibits vaccine passports or any discrimination based on vaccination status in Montana.  The law applies to both government agencies and private businesses.  HB702 was introduced by Representative Jennifer Carlson (R-Manhattan) and signed by Governor Gianforte last spring.  Many states are now envious of Montana and are now seeking to emulate the Montana law. 

      But a handful of Montana Democrats and pro-government extremists have venomously attacked HB-702.  In September a group of plaintiffs led by the Montana Medical Association (MMA) filed suit against the Montana Attorney General and the Commissioner of Labor & Industry, challenging the constitutionality of HB-702.   The lawsuit claimed federal workplace safety laws like OSHA and the Americans With Disabilities Act (ADA) “preempt” state laws such as HB-702 and that HB-702 violates the Equal Protection Clause and the Montana Constitutional right to a “clean and healthful environment.” 

      The lawsuit likely wouldn’t stand a chance except that it landed in the Missoula courtroom of extremist Judge Donald Molloy, a 1996 Clinton appointee.  Molloy is known as an environmental activist in a black robe and a friend of virtually every Democrat Party cause on the federal bench.  Molloy has arguably cost the people of Montana billions of dollars by delaying and stopping mining, logging, drilling and construction projects.       

      On Monday, January 25, Judge Molloy denied the State of Montana’s motion to dismiss the Montana Medical Association lawsuit. “Plaintiffs allege a plausible claim that the statute conflicts with the OSHA regulations.”  “Their [MMA] claims survive at this stage,” wrote Molloy. 

See attachment below

Attachments
35-opinion-and-order.pdf (975 KB)