INITIATIVE: CI-132’s proposed ballot statement — “CI-132 amends the Montana Constitution to require that judicial elections remain nonpartisan” — accepted over AG’s revision… Opinion & Order. [Read more…]
Initiative, CI-131 ballot statement
INITIATIVE: AG improperly revised CI-131 proponent’s ballot statement… Opinion & Order. [Read more…]
Environment, clean & healthful = stable climate system
ENVIRONMENT: Constitution’s clean & healthful environment properly found to include stable climate system, invalidates MEPA review limitation… 16 children had standing to bring challenge… psychiatric exams of 8 children properly denied… Seeley affirmed. [Read more…]
Gender dysphoria, SB 99 preliminary injunction
GENDER DYSPHORIA: Preliminary injunction enjoining SB 99 which proscribes medications & surgery to treat gender dysphoria in minors affirmed on right of privacy… Marks affirmed. [Read more…]
Abortion, HB 544, HB 862, preliminary injunction
ABORTION: Preliminary injunction enjoining HB 544, HB 862, and Rule dealing with Medicaid funding of abortions affirmed… Menahan affirmed. [Read more…]
Officer sexual assault, whether within authority
OFFICER SEXUAL ASSAULT: Summary judgment for US precluded by factual dispute as to whether BIA Officer was within his authority when he coerced minor into sexual acts… remanded for bench trial before a different judge… Watters reversed (memorandum). [Read more…]
Prisoners, suit against guard for allegedly planting meth
PRISONERS: Inmate’s suit against former guard for allegedly planting meth in cell improperly dismissed for failure to exhaust administrative remedies… Haddon reversed (memorandum). [Read more…]
Elections, 2021 voter legislation unconstitutional
ELECTIONS: Unconstitutionality of 2021 voter amendments affirmed… Moses affirmed. [Read more…]
Abortions, APRNs can do, §50-20-109 unconstitutional
ABORTIONS: State failed to show that abortions cannot be safely provided by APRNs, §50-20-109 limiting to physicians and PAs properly held unconstitutional violation of privacy… Menahan affirmed. [Read more…]
Preliminary injunction, birth certificate sex change
PRELIMINARY INJUNCTION: State’s motion for supervisory control as to Moses’s SB 280 birth certificate sex change preliminary injunction “clarification” order granted in part but order was “clear and required no ‘clarification'”… order. [Read more…]