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AG Knudsen joins lawsuit challenging employer vaccine mandate

Montana Attorney General Austin Knudsen (April 2021)
Posted at 10:53 AM, Nov 05, 2021

HELENA — Montana Attorney General Austin Knudsen Friday joined 10 other Republican attorneys general in a lawsuit challenging the Biden administration’s rule that larger companies must require workers to be vaccinated against COVID-19.

The petition filed in a federal appeals court in Missouri says the rule, released Thursday, is an illegal foray into powers reserved for the states. It asked the court to overturn the rule and block it from taking effect while the court decides its legality.

Knudsen, in a statement, also said “forcing these injections” on Montanans infringes on the rights of individuals and businesses and will worsen worker shortages and supply-chain problems.

“If a president can unilaterally force people to submit to a medical procedure they don’t want, then there’s seemingly no limit to the federal government’s control over our lives,” he said. “President Biden’s illegal mandate is an egregious overreach and sets the country down a dangerous path.”

The rule, issued the U.S. Occupational Safety and Health Administration, says businesses with more than 100 employees must have all employees be vaccinated against COVID-19 by Jan. 4, or require them to undergo weekly testing for the disease.

The rule would apply to about 142,000 Montana workers, or more than one-third of the private sector in the state, Knudsen said.

The Biden administration also issued another rule that says hospitals and other medical facilities that accept federal funding must vaccinate their employee against COVID-19. The lawsuit does not challenge that rule — but a Knudsen spokesman said Friday a separate lawsuit on that issue is forthcoming.

Knudsen’s participation in the Friday legal action comes as no surprise; he had promised several weeks ago to legally challenge any vaccine mandates from the Biden administration.

Montana state law, passed this spring by Republicans in the state Legislature, forbids most businesses from requiring their employees to be vaccinated. OSHA said its rule overrides state law.

The Montana Chamber of Commerce said Thursday it’s evaluating the rule and its conflict with the state law.

Todd O’Hair, president of the state chamber, said it “continues to be a strong advocate for vaccination” to control the spread of COVID-19, but that the rule is an attack on employers’ rights.

The petition filed Friday in the 8th U.S. Circuit Court of Appeals by Missouri Attorney General Eric Schmitt says the mandate for employers is “unconstitutional, unlawful and unwise.”

OSHA did not determine any “grave danger” to employees but rather “reverse-engineered a justification” for the rule in response to a dictate from President Biden two months ago, the petition said.

“Its unlawful mandate will cause injuries and hardship to working families, inflict economic disruption and staffing shortages on the states and private employers and impose even greater strains on the struggling labor markets and supply chains,” the suit said.

Joining the 11 states in the lawsuit are two businesses, the Christian Employers Alliance, Sioux Falls Catholic Schools and the Home School Legal Defense Association.