JUNQUE FILES I: State’s emergency motion to stay Kutzman’s order granting preliminary injunction to Plaintiffs challenging Legislative Services’ denial of access to background information of proposed bills denied without prejudice… Order. [Read more…]
Junque files II, 2nd emergency stay petition
JUNQUE FILES II: State’s 2nd emergency motion to stay Kutzman’s order granting preliminary injunction to Plaintiffs challenging Legislative Services’ denial of access to background information of proposed bills denied… Order. [Read more…]
Parental Consent for Abortion Act unconstitutional
PARENTAL CONSENT FOR ABORTION ACT properly found unconstitutional… Abbott affirmed. [Read more…]
Vaccination discrimination, HB 702 “single subject”
VACCINATION DISCRIMINATION: §49-2-312(1) prohibition against employers discriminating based on vaccination status or immunity passport does what the title of HB 702 declares it does, but §312(4) provision that one may not be required to receive vaccine under emergency use authorization or vaccine undergoing safety trials is unconstitutional as not expressed in the title… ruling on remand from Supreme Court to resolve “single-subject” issue… Rieger. [Read more…]
Private AG fees, challenge of SB 319 enactment
PRIVATE AG FEES: Opinion holding that private AG fees were improperly denied in challenge of SB 319 enactment withdrawn, replaced with opinion clarifying that Court will not declare a statute invalid merely for Legislature’s failure to observe its own rules… petition for rehearing otherwise denied… Order. [Read more…]
Private AG fees, challenge of clearly unconstitutional Bill
PRIVATE AG FEES improperly denied in challenge of questionable enactment SB 319 (2021) (prohibiting university voter registration and requiring judge recusal involving donors)… Menahan reversed. [Read more…]
BI 2 property tax revision, separate-vote requirement
INITIATIVE: BI 2 to revised property taxation properly rejected for violation of separate-vote requirement… Opinion & Order. [Read more…]
Right to know, mining Bad Actor litigation
RIGHT TO KNOW: Governor’s Office mandated to produce all requested public information in its possession notwithstanding that it overlaps pending mining Bad Actor litigation in which the requester is a party, may withhold individual documents it believes exempted on a recognized ground… pending litigation is not a recognized exception, discovery is not adequate alternative to right to know requests… mandamus denied as to DOA which does not maintain public records merely because it maintains computer systems in which they are stored… Abbott. [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…]
Habitual traffic offender, Idaho default Infraction
HABITUAL TRAFFIC OFFENDER: Idaho default Infraction for failing to respond to Idaho speeding citation properly counted as a conviction by Montana MVD… Perry affirmed (memorandum). [Read more…]