Montana’s Race And Sex-Based Requirements for Key Medical Board Are Unconstitutional, Lawsuit Alleges

Greg Gianforte

A medical watchdog sued the Montana governor Tuesday over race and sex-based requirements for the state’s top medical board.

The lawsuit was filed by the Pacific Legal Foundation (PLF), a public interest law firm, on behalf of Do No Harm (DNH), a medical activist organization, in the United States District Court for the District of Montana Helena Division against Republican Montana Gov. Gregory Gianforte. The PLF is representing an unidentified woman affiliated with DNH who cannot apply to the Montana Board of Medical Examiners due to the sex-based requirements, which PLF alleges violates the Equal Protection Clause of the Constitution, according to a DNH press release.

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California Doctors Sue to Stop Mandated ‘Implicit Bias Training’

A medical nonprofit and two California doctors are suing the state medical board to block a law requiring mandatory implicit bias training in continuing medical education.

“Under the First Amendment to the United States Constitution, the government cannot compel speakers to engage in discussions on subjects they prefer to remain silent about,” the suit argued.

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Group Sues U.S. Department of Education over Biden’s Student Loan Cancellation Plan

A nonprofit legal group filed a lawsuit Tuesday against the U.S. Department of Education to block its move to cancel up to $20,000 in student loan debt for some borrowers.

“Congress did not authorize the executive branch to unilaterally cancel student debt,” Pacific Legal Foundation attorney Caleb Kruckenberg said. “It’s flagrantly illegal for the executive branch to create a $500 billion program by press release, and without statutory authority or even the basic notice and comment procedure for new regulations.”

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Sixth Circuit Rules CDC Eviction Moratorium Is Unconstitutional

The Sixth Circuit Court of Appeals unanimously ruled that the national eviction moratorium mandated by the U.S. Centers for Disease Control and Prevention (CDC) is unconstitutional. The court said in its ruling that the matter ultimately needed to be resolved by Congress.

The three-judge panel ruled that the CDC engaged in federal overreach by mandating that tenants who are unable to pay their rent and are in breach of their rental agreements may not be evicted. The CDC had implemented a moratorium in response to millions of people losing their jobs due to governors shutting down their state economies to slow the spread of COVID-19.

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Florida District Judge Halts Discriminatory Program by Biden Administration

Earlier this week, Florida District Judge Marcia Morales Howard issued a preliminary injunction in a lawsuit against the Biden administration. The lawsuit was initiated by a farmer who said a debt relief program to “socially disadvantaged farmers” is discriminatory.

In the $1.9 billion stimulus packaged signed by Biden earlier this year, approximately $4 billion of the plan is designated to assist exclusively farmers of color for debt relief through direct payments up to 120 percent of the farmer’s outstanding debt.

The order by Howard prevents the USDA from distributing the payments directly to farmers enrolled in the program.

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