Posts filtered by tags: Montana Supreme Court[x]


 

Symposium: Espinoza, funding of religious service providers, and religious freedom

Thomas Berg is the James L. Oberstar Professor of Law and Public Policy at the University of St. Thomas (Minnesota). Douglas Laycock is the Robert E. Scott Distinguished Professor of Law at the University of Virginia. They filed an amicus brief on behalf of a number of religious and school groups in support of the petitioners in Espinoza v. Montana Department of Revenue. Tuesday’s ruling in Espinoza v. Montana Department of Revenue came as no surprise. The Montana Supreme Court had invalidated a...
Tags: Featured, Supreme Court, Law, Montana, University Of Virginia, Smith, Madison, Robert, U S Supreme Court, John Roberts, Roberts, Locke, Davey, Trinity Lutheran Church, Montana Supreme Court, Zelman


Symposium: What “play in the joints” remains after Espinoza?

Grant T. Sullivan is an assistant solicitor general with the Colorado Attorney General’s office, which filed an amicus brief on behalf of nine states in support of respondents in Espinoza v. Montana Department of Revenue. The views expressed in this post are solely those of the author and should not be imputed in whole or in part to any other state or state official unless expressly endorsed by an authorized representative of the state. For state policymakers, crafting sound (and constitutional)...
Tags: Featured, Supreme Court, Law, Colorado, Montana, Washington, States, Sonia Sotomayor, William Rehnquist, Locke, Davey, Montana Supreme Court, Espinoza, Ruth Bader Ginsburg Stephen Breyer, Comer, Neil Gorsuch


Symposium: Clarity in an era of confusion — The Supreme Court will not tolerate hostility to religion

Mithun Mansinghani serves as solicitor general for the state of Oklahoma. Bryan Cleveland and Zach West, assistant solicitors general, also contributed to this article. The state of Oklahoma, through Attorney General Mike Hunter, led an 18-state amicus brief  in support of the petitioners in Espinoza v. Montana Department of Revenue. On one level, the Supreme Court’s decision in Espinoza v. Montana Department of Revenue is entirely unsurprising—a straightforward application of precedent, both lo...
Tags: Featured, Supreme Court, Law, Montana, Missouri, Oklahoma, Ruth Bader Ginsburg, Locke, Blaine, Montana Department of Revenue, Davey, Trinity Lutheran Church of Columbia, Montana Supreme Court, Zelman, Espinoza, Comer


Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding that it violated the state constitution’s ban on aid for churches and religious schools. Today the U.S. Supreme ...
Tags: Featured, Supreme Court, Law, Montana, Court, Catholic, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, John Roberts, Institute for Justice, Stillwater, Roberts, Howe, Ginsburg


"Supreme Court says Montana program aiding private schools must be open to religious schools."

WaPo reports.Chief Justice John G. Roberts Jr., writing for a conservative majority in the 5 to 4 ruling, said the Montana Supreme Court was wrong to strike down the program because of a provision in the state constitution that forbids public funds from going to religious institutions. The U.S. Constitution’s protection of religious freedom prevails, he said.“A state need not subsidize private education,” Roberts wrote. “But once a state decides to do so, it cannot disqualify some private school...
Tags: Supreme Court, Education, Law, Montana, John Roberts, Roberts, WaPo, John G Roberts Jr, Montana Supreme Court, Religion And Government, Establishment Clause, Ann Althouse, Free Exercise Clause


Supreme Court Permits State Law Claims Against Superfund Property

In an instructive environmental law decision last week, the U.S. Supreme Court held that the federal Superfund statute (the Comprehensive Environmental Response, Compensation and Liability Act) does not preclude owners of adjacent contaminated land from pursuing state laws claims for money damages for nuisance, trespass and strict liability, but any cleanup of that land cannot be taken in the absence of EPA approval. Among the reasons this is a significant decision is the impact on widely utiliz...
Tags: Supreme Court, Law, Montana, Environmental, Epa, Christian, Brownfield, U S Supreme Court, Stuart Kaplow, Atlantic Richfield Co, Montana Supreme Court, Butte Montana, Maryland Department of the Environment, CERCLA, Codes and Regulations, Kaplow


Opinion analysis: Broad consensus on a narrow win for business in Superfund dispute

In December the Supreme Court heard oral argument in a dispute arising out of the Anaconda Smelter, which refined copper ore in southwestern Montana but also became a major polluter and, eventually, a “Superfund” site whose cleanup was supervised by the federal Environmental Protection Agency. The case pits Atlantic Richfield Co., which owned the smelter when it shut down in 1980 and has spent nearly a half-billion dollars cleaning up the site following an EPA plan, against local landowners, who...
Tags: Featured, Supreme Court, Law, Congress, Montana, Washington, Atlantic, Epa, Environmental Protection Agency, U S Supreme Court, John Roberts, Roberts, Howe, Alito, Samuel Alito, Atlantic Richfield Co


Espinoza v. Montana can reverse 150 years of anti-Catholic prejudice

Espinoza v. Montana can reverse 150 years of anti-Catholic prejudice Cultural critics, in politics and academia, insist that the United States must atone for its shameful history of discrimination against minorities. Thankfully, the Supreme Court’s Espinoza case gives our justices the opportunity to do just that: to strike down antiquated, counterproductive, and discriminatory laws disfavoring religious schools and paving the way for greater school choice. ...
Tags: Supreme Court, Montana, Senate, Religion, America, United States, House, Vatican, Catholic, Cleveland, North Carolina, Irs, Harper, Lemon, Trump, Lee


Supreme Court Weighs Case Over Religious Schools That Could Upend the Line Between Church and State

U.S. Supreme Court justices heard oral arguments Wednesday in what could become a landmark case over the use of public funds for religious schools, potentially blurring the line between church and state. At issue is the question of whether states with school voucher programs are required to include religiously affiliated schools in those programs. The case, Espinoza v. Montana Department of Revenue, revolves around a 2015 Montana law that offered a tax credit for scholarship donations that ...
Tags: News, Supreme Court, Education, Montana, Court, Uncategorized, Npr, Lgbtq, Trump, U S Supreme Court, American Civil Liberties Union, Institute for Justice, Elena Kagan, Kagan, Trinity Lutheran Church, Kavanaugh


A “view” from the courtroom: The daily grind

As the first substantive day of the impeachment trial wore on, and on, from yesterday into the early morning hours of today, one cable-TV pundit suggested that Chief Justice John Roberts might not feel compelled to attend today’s oral argument in Espinoza v. Montana Department of Revenue, an important case about government aid to religious education. That seemed most unlikely, although other thoughts went through my mind. One was a remark by the late Justice Antonin Scalia during arguments over ...
Tags: Featured, Supreme Court, Law, Montana, Senate, Nbc News, Austin, Bill Clinton, Salem, Donald Trump, Sarah, Antonin Scalia, Scott, John Roberts, Emma, Roberts


Supreme Court Poised to Overturn 38 State Constitutional Amendments on Church-State Separation

Religious conservatives asked the Supreme Court Wednesday to overturn 38 state constitutional amendments and require taxpayers to fund religious schools.You read that right. The case, Espinoza v. Montana Dept. of Revenue isn’t about whether a state may fund religious schools through a school choice, voucher, or similar program. It’s about whether it must.And the conservatives might just win.At issue in the case, probably the most significant church-state case on the 2019-20 docket, is Montana’s ...
Tags: News, Supreme Court, Montana, Court, America, Catholic, American Federation Of Teachers, Randi Weingarten, Trump, John Roberts, Roberts, Stephen Breyer, Breyer, Trinity Lutheran Church, DeVos, Ruth Bader Ginsberg


Argument analysis: Justices divided in Montana school-choice case

This morning the Supreme Court heard oral argument in the latest chapter of the battle over the use of public funding for religious schools. Supporters of such funding argue that the government should not be allowed to discriminate against religious families and schools, while opponents warn that requiring the government to allow public funds to be used for religious schools could harm public education. Both of those issues were at the forefront of today’s oral argument, as was the question of w...
Tags: Featured, Supreme Court, Law, Montana, Missouri, Ruth Bader Ginsburg, Sonia Sotomayor, U S Supreme Court, John Roberts, Roberts, Howe, Ginsburg, Alito, Sotomayor, Breyer, Montana Department of Revenue


Religious-School Aid Divides U.S. Supreme Court Justices

(Bloomberg) -- U.S. Supreme Court justices signaled a sharp divide in a Montana case that could make it easier to funnel public money to religious schools and other faith-based organizations.With Chief Justice John Roberts in his customary center seat, the court heard arguments a mere eight hours after he finished presiding over the first day of President Donald Trump’s Senate impeachment trial. The trial resumes Wednesday at 1 p.m.The Montana Supreme Court struck down a taxpayer-funded scholars...
Tags: News, Supreme Court, Montana, Washington, Senate, Bloomberg, Catholic, Donald Trump, Sonia Sotomayor, John Roberts, Roberts, Greg Stohr, Sotomayor, Stephen Breyer, Breyer, Montana Department of Revenue


Laws Across the Country Are Keeping Parents From Making Choices About Their Kids’ Education. The Supreme Court Should Strike Them Down

On January 22, the U.S. Supreme Court will hear arguments in one of the most significant education cases in decades, Espinoza v. Montana Department of Revenue. The outcome could change the landscape of schooling in America as we know it. We have filed a friend-of-the-court brief on behalf of a dozen organizations and civil rights leaders who believe that protecting the constitutional rights of parents like Kendra Espinoza, the lead plaintiff, to direct the education of their children is ess...
Tags: Politics, News, Supreme Court, Montana, Uncategorized, America, Research, Pennsylvania, United States, Maine, Catholic, American Federation Of Teachers, U S Supreme Court, U S Department of Justice, American Civil Liberties Union, Harvard Graduate School of Education


Friday round-up

Yesterday afternoon, Chief Justice John Roberts was sworn in as the officer charged with presiding over the impeachment trial of President Donald Trump. Kal Golde covers the court’s answers to some frequently asked questions about the chief justice’s role for this blog. For USA Today, Richard Wolf reports that “[f]or the next several weeks, Roberts will hold down two of the most prominent and difficult jobs in America[:] The impeachment trial will consume his afternoons and, possibly, evenings;[...
Tags: Supreme Court, Law, Congress, Senate, Court, America, Ap, Idaho, Usa Today, Donald Trump, Trump, Round-up, Mark Sherman, U S Supreme Court, John Roberts, U S Forest Service


Argument preview: Justices to consider dispute over tax credits for scholarships

Editor’s Note: An earlier version of this post ran on September 16, 2019, as an introduction to this blog’s symposium on Espinoza v. Montana Department of Revenue, as well as at Howe on the Court, where it was originally published. Montana State Capitol Two and a half years ago, the Supreme Court ruled that Missouri’s policy of excluding churches from a program to provide grants to resurface playgrounds violated the Constitution. In a footnote in their opinion in Trinity Lutheran Church v. Com...
Tags: Featured, Supreme Court, Law, Montana, Washington, Court, Missouri, Catholic, Antonin Scalia, U S Supreme Court, John Roberts, Howe, Locke, Stephen Breyer, Montana Department of Revenue, Davey


Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

The unanimous Montana Supreme Court decision found that religious institutions are not always obligated to report child sexual abuse to authorities due to an exemption in Montana state law.(Image credit: Seth Wenig/AP)
Tags: News, Montana, Jehovah, Montana Supreme Court, Seth Wenig, Montana Court Reverses


Court reverses $35M verdict against Jehovah's Witnesses

The Montana Supreme Court on Wednesday reversed a $35 million judgment against the Jehovah's Witnesses for not reporting a girl's sexual abuse to authorities. Montana law requires officials, including clergy, to report child abuse to state authorities when there is reasonable cause for suspicion. “Clergy are not required to report known or suspected child abuse if the knowledge results from a congregation member's confidential communication or confession and if the person making the statement ...
Tags: News, Montana, Jehovah, Montana Supreme Court, Beth Baker


Argument preview: Justices to consider whether CERCLA bars state lawsuit to restore hazardous-waste site

For nearly a century, the Anaconda Smelter, located in southwestern Montana, refined copper ore for use in phone wires and power lines. The smelter shut down in 1980, the same year that Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act to manage and clean up hazardous-waste sites, dubbed “Superfund” sites. Three years later, the Environmental Protection Agency designated the smelter site as a Superfund site, and it would become one of the biggest – encom...
Tags: Featured, Supreme Court, Law, Congress, Montana, America, Epa, Environmental Protection Agency, Chamber of Commerce, U S Supreme Court, Howe, Arco, Montana Supreme Court, CERCLA, Merits Cases, Atlantic Richfield


Strong Firearms Preemption Laws are More Important Than Ever

Opinion/Photo Courtesy of Jeremy Tremp Strong Firearms Preemption Laws are More Important Than Ever, Photo Courtesy of Jeremy Tremp for NRA-ILA Fairfax, VA – -(Ammoland.com)- In recent weeks, gun owners have been given two prime examples of just how important strong firearms preemption laws are to the vibrant exercise of Second Amendment rights. On October 22, the Montana Supreme Court struck down a Missoula ordinance that purported to restrict city residents’ ability to transfer firearms. O...
Tags: Guns, Montana, Pennsylvania, Philadelphia, General Assembly, James, Pittsburgh, Nra, Ortiz, Legislature, Missoula, ATF, Keystone State, Peduto, Montana Supreme Court, Gun Rights News


Montana Supreme Court Strikes Down Missoula Gun Control Scheme

Montana Capitol Building U.S.A. –-(Ammoland.com)- Montana has a strong preemption law to protect the right to keep and bear arms and to maintain uniform firearms laws across the state. It is straightforward and easy to understand. From mt.gov: 45-8-351. Restriction on local government regulation of firearms. (1) Except as provided in subsection (2), a county, city, town, consolidated local government, or other local government unit may not prohibit, register, tax, license, or regulate the pu...
Tags: Guns, Supreme Court, Montana, Senate, Department Of Defense, Arizona, Gun Laws, LR, MCA, District Court, Missoula, Franklin, University of Montana, Montana Supreme Court, Hendershott, Gun Rights News


First Shot In Liberals’ Campaign Against Montana’s Much Needed Preemption Fix

Opinion First Shot In Liberals' Campaign Against Montana's Much Needed Preemption Fix Montana – -(AmmoLand.com)- The Missoulian recently fired the first shot in the liberals' campaign against LR-130 and its parent bills, HB 325 and HB 357 (and attempting to advise the Montana Supreme Court in the lawsuit Missoula v. Fox). The Missoulian says basically that the City of Missoula should be allowed to experiment with gun control. You may read the Missoulian editorial at the link. I thought you m...
Tags: Guns, Montana, US, Fox, City Council, Martin, LR, Missoula, Montana Supreme Court, Gun Rights News, Preemption Laws, Gary Marbut, Montana Shooting Sports Association


Symposium: June Medical should be summarily reversed

Jonathan B. Miller is Chief of the Public Protection & Advocacy Bureau in the Office of the Massachusetts Attorney General. The views expressed here do not necessarily represent the views of the Massachusetts Attorney General or the Office. June Medical Services, LLC v. Gee potentially presents an opportunity for the newest lineup of the Supreme Court, including Justice Brett Kavanaugh, to revisit constitutional protection of abortion. In a move that surprised many, the justices stayed the U.S. ...
Tags: Health, Texas, Featured, Supreme Court, Law, Massachusetts, Citizens United, Medicare, Louisiana, Trump, John Roberts, Centers for Medicare, Medicaid Services, U S Court of Appeals, Federal Election Commission, Bullock


Exclusion Used to Deny Claim for Cyber Fraud Found Ambiguous

    The policy's false pretense exclusion relied upon the insurer to deny coverage for an act of cyber fraud was found ambiguous. Rainforest C hocolate v. Sentinel Ins. Co. , 2018 VT LEXIS 140 (Vt. Dec. 28, 2018).     Rainforest Chocolate, LLC was insured under a business-owner policy issued by Sentinel. In May 2016, a Rainforest employee received an email purportedly from his manager, directing the employee to transfer $19,875 to an outside bank account through an electronic-funds transfer. Aft...
Tags: Insurance, Rainforest, Computer Fraud, Vermont Supreme Court, Montana Supreme Court, Sentinel, Tred Eyerly, Cyber Risk, Sentinel Ins, Rainforest Chocolate LLC, Sentinel Sentinel, False Pretense Exclusion, Ad Advert Design Inc


Two More States Have Adopted Duty of Tech Competence; Total Now 34

In my continuing quest to track the states that have adopted the duty of technology competence for lawyers, I have learned of two more that should be on the list, bringing the total to 34. The new additions to the list are Alaska and Montana. Both adopted the rule some time ago, but I somehow managed to miss them. Thanks to an alert reader for pointing them out. Alaska The Alaska Supreme Court adopted the duty in an order dated March 20, 2017, with an effective date of Oct. 15, 2017. The revis...
Tags: Law, Montana, Uncategorized, Alaska, Aba, Bob Ambrogi, Montana Supreme Court, Tech Competence, Alaska The Alaska Supreme Court, Montana The Supreme Court of Montana


Two More States Have Adopted Duty of Tech Competence; Total Now 34

In my continuing quest to track the states that have adopted the duty of technology competence for lawyers, I have learned of two more that should be on the list, bringing the total to 34. The new additions to the list are Alaska and Montana. Both adopted the rule some time ago, but I somehow managed to miss them. Thanks to an alert reader for pointing them out. Alaska The Alaska Supreme Court adopted the duty in an order dated March 20, 2017, with an effective date of Oct. 15, 2017. The revis...
Tags: Law, Montana, Uncategorized, Alaska, Aba, Montana Supreme Court, Tech Competence, Alaska The Alaska Supreme Court, Montana The Supreme Court of Montana


Justices officially return from summer recess, issue orders from long conference

The eight justices of the Supreme Court returned to the bench today to hear oral arguments in the first cases of their new term. But before they did so, they issued an extensive (75 pages) list of orders from last Monday’s “long conference” – their first conference since their summer recess began in late June. The justices issued grants from the conference last Thursday. Today’s orders consisted primarily of denials of review and requests for the U.S. solicitor general to weigh in on several cas...
Tags: New York, Featured, Mississippi, Supreme Court, Law, California, Washington, Iran, New Jersey, Davis, Luxembourg, Silicon Valley, Christian, Beirut, Environmental Protection Agency, Khosla


All That Jazz: Spoliation In Big Sky Country

The Montana Supreme Court exercised supervisory control in a matter in which it is alleged that Montana State University - Bozeman negligently hired and failed to protect a student from a predatory professor. we find that exercise of supervisory control... [Author: Legal Profession Prof]
Tags: Music, Law, General Counsel, Montana State University, Bozeman, Montana Supreme Court, Hot Topics, Legal Profession Prof, Professional Responsibility


Tobacco-funded group sues over Montana citizen tax measure

HELENA, Mont. (AP) — A tobacco industry-funded group is asking the Montana Supreme Court to re-phrase a ballot initiative that would raise tobacco taxes to pay for the state’s Medicaid expansion and other health programs. The lawsuit filed Monday by Montanans Against Higher Taxes says the ballot statement’s wording is incorrect and will cause voter […]
Tags: News, Montana, HELENA Mont AP, Montana Supreme Court, Nation & World, Nation & World Politics, Montanans Against Higher Taxes


Montana court allows mining ballot initiative to proceed

The Montana Supreme Court has denied a request by the Montana Mining Association to toss out a proposed ballot initiative for being legally insufficient to put before voters
Tags: News, Montana, Montana Supreme Court, Nation & World, Montana Mining Association