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In a victory for public health advocates, a federal judge in Montana has blocked the state from implementing a law that would make it illegal for hospitals to ask employees if they are vaccinated. The measure, which passed last year, was the country’s most extreme anti-vaccination law.
Health care providers in Montana had sued the state over the law, arguing that it violates constitutional protections for disabled Americans. On Friday, U.S. District Judge Donald W. Molloy agreed with them. His ruling permanently enjoined the state from implementing its law in any health care facility.
ProPublica recently investigated the passage of the law, known as House Bill 702, and detailed how a hospital just a short walk from the state Capitol soon faced horrific choices amid COVID-19’s delta wave.
Montana’s GOP-controlled Legislature had passed the bill as debate raged in the state about government efforts to control the spread of COVID-19. The legislation made it illegal for hospitals and doctor’s offices to require vaccinations of any kind. It also prohibited them from reassigning employees based on vaccination status.
The legislation covered not just COVID-19 vaccines but any vaccines, including childhood immunizations for mumps, measles and rubella.
The bill’s author, Republican Rep. Jennifer Carlson, told ProPublica in an interview this year that the legislation was an important privacy protection. “Believing that individuals have the right to make their own private medical decisions is not the same thing as being ‘anti’ anything,” Carlson had said.
The Montana Medical Association and other groups challenged the legislation in a federal lawsuit, and Molloy issued a preliminary injunction in March.
During hearings on the case, immunocompromised patients testified about how routine medical visits had put them at high risk because health facilities could not ensure basic protections.
The judge’s final decision “ensures that Montanans can obtain safe, quality health care without arbitrary government interference,” said Raph Graybill, lead counsel for the Montana Nurses Association, a plaintiff in the case.
The office of Montana Attorney General Austin Knudsen, which defended the bill as a human rights protection, told local media that it will consider appealing the decision. Knudsen’s office did not respond to ProPublica’s request for comment.
At least a dozen states have placed limits on vaccine mandates, according to tracking from the Kaiser Family Foundation. Meanwhile, the National Conference of State Legislatures identified hundreds of bills introduced in the last two years aimed at prohibiting COVID-19 vaccine mandates, though few have succeeded.
In ProPublica’s story, administrators and staff at St. Peter’s Health in Helena described their terror as patients, many of them unvaccinated, flooded the facility and clogged its small intensive care unit. Deaths reached record highs in October 2021 while the hospital was operating under “crisis standards of care,” a legal distinction that warns patients they cannot expect usual levels of treatment.
Hospital staff who served on its Scarce Resources Committee recounted a dramatic episode when the panel had to decide which of a handful of critically ill patients would get an ICU bed.
St. Peter’s told ProPublica that no COVID-19 patient went without treatment.
St. Peter’s administrators struggled to get staff vaccinated, and Carlson’s bill added to widespread uncertainty about how to best protect the public. Most health care facilities in Montana rely heavily on payments from federal agencies and have been under pressure to comply with vaccine mandates from the Biden administration that conflicted with the state law.
Vicky Byrd, CEO of the nurses association, said the federal ruling means that acute care facilities will be better able to protect their patients. “It was and is the right thing to do,” she told ProPublica.
Mollie Simon contributed research.
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Nearly 40 press rights and civil liberties organizations urge Sen. Schumer to help pass the PRESS Act
FOR IMMEDIATE RELEASE
A coalition of nearly 40 press freedom, civil liberties and other organizations led by Freedom of the Press Foundation (FPF) has urged Senate Majority Leader Chuck Schumer to advance the PRESS Act to a vote before Congress adjourns.
The bipartisan act, which unanimously passed the House in September, is a "shield" bill that would protect journalists from surveillance or compelled disclosure of source materials except in emergency situations.
“The PRESS Act would be the most important press freedom legislation to pass Congress in modern history. It would finally allow journalists to do their jobs without being spied on or threatened with arrest for not burning their sources,” said FPF advocacy director Seth Stern.
The Senate must act soon to pass the PRESS Act before its session ends in the next few weeks.
“Sen. Schumer could be a hero to all journalists by making sure this bill gets a vote before the end of the year,” Stern said.
The coalition signed on to the letter includes heavyweights like the ACLU, the Committee to Protect Journalists, Reporters Without Borders, Electronic Frontier Foundation, PEN America and many more. You can read the full letter and see all its signatories below.
Stern said this chance may not come again for many years. “We believe the PRESS Act has a real chance at passing, and it would finally put an end to the reporter surveillance scandals that have plagued all recent presidential administrations — but only if Schumer acts quickly,” Stern added.
FPF founding board member, actor and activist John Cusack, authored an op-ed in support of the PRESS Act, arguing that “we cannot allow the government to surveil journalists and expose sources … if we expect journalists to expose corruption, speak truth to power and print what the powerful don’t want printed.”
The coalition letter follows a separate letter from the Reporters Committee for Freedom of the Press on behalf of 15 major news organizations including The New York Times, The Washington Post, NPR and CNN. Schumer himself is among the many elected officials, both Democrat and Republican, who have in the past supported shield legislation. Forty-nine states have recognized reporter’s privileges, leaving the federal government as the outlier.
Please contact FPF advocacy director Seth Stern for more information. He can be reached at seth@freedom.press.