Montana
Two tiers of justice at the Montana Supreme Court
“Equal justice under law” is such a foundational principle in our constitutional republic that the phrase is carved in stone above the entrance to the United States Supreme Court building in Washington, D.C.
Unfortunately, here in Montana, it appears that justice is not applied equally. In fact, at the Montana Supreme Court, there are two tiers of justice. There, justice is applied differently depending on the politics of the people in the courtroom.
Two court cases, one cited as precedent in the other, illustrate this so vividly that two of Montana’s seven justices pointed it out to their five colleagues even as they instituted this two-tiered system.
The first case is American Tradition Partnership v. Bullock, decided in 2012. In that case, a conservative political group challenged campaign finance regulations that were obviously unconstitutional under the First Amendment per a prior U.S. Supreme Court decision. In ATP v. Bullock, the U.S Supreme Court flatly rejected former Attorney General Steve Bullock’s arguments in a decision that only took a single paragraph to explain.
After winning decisively on a fundamental First Amendment issue, ATP asked the Montana Supreme Court to award them legal fees. The Montana Supreme Court declined, writing that awarding fees against Bullock wasn’t justified because it was a “garden variety” constitutional case.
The second case is Forward Montana v. State of Montana, decided earlier this year. In that case, liberal special interest groups won a case against the Legislature in district court that centered on legislative process rather than any particular policy. The district court declined to award the liberal attorneys (both of whom are former Bullock staffers) attorney fees, citing the same “garden variety” standard present in the 2012 WTP v. Bullock case.
But then, in a 5-2 decision, the Montana Supreme Court reversed the district court and ruled that the liberal attorneys are owed fees. Justice Jim Rice wrote the dissenting opinion, arguing that fees should not be awarded in the Forward Montana case since they were not awarded in ATP v. Bullock, especially since ATP involved issues of much greater public interest and constitutional importance.
“Justice demands that all parties receive equal treatment,” Rice wrote. Justice Dirk Sandefur joined Rice in dissent.
Rather than listen to Justice Rice, Justices Mike McGrath, Laurie McKinnon, James Shea, Beth Baker and Ingrid Gustafson established two tiers of justice at the Montana Supreme Court:
1. If you’re a conservative challenging the government on a fundamental constitutional matter, the costs of doing so are your own to bear.
2. If you’re a liberal challenging the government, even on an issue with lesser constitutional significance, the Court will award you taxpayer money for your efforts.
Such naked partisanship and disregard for “equal justice under law” is not befitting of the highest court in the state of Montana.
Sen. Greg Hertz, R-Polson, chaired the 2021 Legislature’s select committee on judicial accountability.
BOZEMAN — Montana State will begin spring football practices March 24.
The reigning national champion Bobcats will hold 12 practices, two scrimmages and the Sonny Holland Spring Classic over the course of five weeks. The Sonny Holland Spring Classic is scheduled for Saturday, April 25.
Also on the schedule is the MSU Pro Day, which will be held April 2.
In addition to releasing the spring practice schedule, Montana State confirmed the addition of Nolan Askelson to the coaching staff. Askelson, a Billings Senior High School alum, will be an assistant defensive line coach for Bobby Daly, who is returning as Montana State’s defensive coordinator after spending last season at UTEP.
Askelson was a standout linebacker for the Bobcats, capping his MSU career with first-team All-Big Sky Conference honors in 2023. He played in four games as a true freshman in 2018 before becoming a regular rotation player in 2019. An injury shortened his 2021 season, but he played 11 games in 2022 and finished with 64 tackles.
As a senior in 2023, Askelson wore Montana State’s legacy No. 41 jersey and led the team with 84 tackles, eight tackles-for-loss and two sacks.
In high school, he was a two-time all-state selection for Senior and helped the Broncs win Class AA state championships in 2016 and 2017.
Montana State spring football schedule
Tuesday, March 24 — Practice, 7:05 a.m.
Thursday, March 26 — Practice, 7:05 a.m.
Friday, March 27 — Practice, 7:05 a.m.
Monday, March 30 — Practice, 7:05 a.m.
Wednesday, April 1 — Practice, 7:05 a.m.
Thursday, April 2 — Pro Day (no practice)
Friday, April 3 — Practice, 7:05 a.m.
Saturday, April 4 — Practice, 10:05 a.m.
Tuesday, April 7 — Practice, 7:05 a.m.
Friday, April 10 — Closed scrimmage, 7 p.m.
Tuesday, April 14 — Practice, 7:05 a.m.
Thursday, April 16 — Practice, 7:05 a.m.
Saturday, April 18 — Closed scrimmage, 10:05 a.m.
Tuesday, April 21 — Practice, 7:05 a.m.
Thursday, April 23 — Practice, 7:05 a.m.
Saturday, April 25 — Sonny Holland Spring Classic, 1 p.m.
Although newly minted GOP candidates for the U.S. House and U.S. Senate have garnered heavyweight endorsements, the Montana Republican Party said Thursday it won’t throw its support behind any candidates for federal office in the primary.
“The Montana Republican Party (MTGOP) stands behind its deep bench of qualified candidates seeking to represent Montanans and supports a competitive primary process to let voters pick their preferred candidates,” the Montana GOP said in a news release Thursday.
Monday, U.S. Rep. Ryan Zinke announced he was retiring due to health concerns once his term ends, and he immediately tapped talk-show host Aaron Flint as his preferred successor in Congress.
Secretary of State Christi Jacobsen and Flathead County Republican Central Committee Chairperson Al Olszewski also filed for the U.S. House as Republicans, as did Ray Curtis of Bonner.
Wednesday, U.S. Sen. Steve Daines withdrew, and in a statement the same night, announced an endorsement of former U.S. Attorney Kurt Alme, who had filed the same day.
In the Senate, Lee Calhoun and Charles Walking Child also filed to run in the Republican primary.
Endorsements for Flint and Alme cascaded. U.S. President Donald Trump endorsed both candidates, and U.S. Sen. Tim Sheehy and Gov. Greg Gianforte threw their weight behind Flint and Alme.
Late on Wednesday, the Montana GOP did not immediately have comment on the news Daines, Montana’s senior U.S. senator, had resigned, but Thursday, the party thanked Zinke and Daines for their service.
A news release said the party would not endorse any candidates in the federal primary and would leave the job in the hands of voters.
“The party hopes every candidate will make their case to the public, contrasting their Republican policies and principles with those of Democrats — as well as phony ‘Independents,’” the news release said.
Former University of Montana President Seth Bodnar announced a run for the U.S. Senate as an independent this week.
A tension within the Republican party has emerged in recent years between hardline conservatives and more moderate members, and some legislative primaries illustrate the split.
This week, the state GOP said the number of primaries for state legislative seats shows a high interest from Montanans who want to serve the state and pass Republican policy, and the MTGOP “is glad to see so many Republicans being called to public service.”
In a brief call, MTGOP spokesperson Ethan Holmes said the party had not ruled out endorsements in legislative primaries.
In the news release, however, the MTGOP offered its view of the larger political debate.
“Montana voters know that beyond the primaries, there is a clear choice between Republican and Democratic governance; one path leads to lower taxes, less crime and stronger families, and the other leads to higher taxes, more crime, and social decay,” MTGOP Chairperson Art Wittich said in a statement.
The news release also said the state GOP is working “tirelessly to deliver a Bright Red Future” at both the state and federal level and looks forward to help candidates whom voters select win in November.
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