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Montana law professor nominated to Ninth Circuit Court of Appeals

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Montana law professor nominated to Ninth Circuit Court of Appeals


HELENA — College of Montana legislation professor Anthony Johnstone has been nominated by President Joe Biden for a judgeship on the Ninth Circuit Court docket of Appeals.

Johnstone is a Helen and David Mason Professor of Legislation and an affiliated Professor of Public Administration on the College of Montana’s Blewett Faculty of Legislation. He teaches and writes about Federal and State Constitutional Legislation, Laws, Election Legislation, Jurisprudence, and associated topics.

Senator Jon Tester, D-Mont., praised the nomination of Johnstone on Friday.

As a lawyer, Johnstone has served as counsel in additional than two dozen revealed circumstances in state and federal courts, together with circumstances on the Supreme Court docket of the US.

Previous to educating at UM, Johnstone served because the Solicitor for the State of Montana. He holds a B.A. from Yale College and a J.D. with honors from the College of Chicago Legislation Faculty.





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FCS Championship Game: Montana St vs NDSU Tale of the Tape | Opta Analyst

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FCS Championship Game: Montana St vs NDSU Tale of the Tape | Opta Analyst


It’s a dream matchup, with No. 1 seed Montana State considered a slight favorite over No. 2 seed North Dakota State heading into the 2024 FCS championship game. As they build off rousing semifinal-round wins, we preview what to expect when each finalist has the ball.


If it feels like Montana State and North Dakota State are standing in opposite corners staring across at each other, you have it right.

The 2024 FCS championship game is a heavyweight bout between the top two seeds from an original 24-team field that embarked on the Road to Frisco.

Come the night of the Jan. 6 at Toyota Stadium in Frisco, Texas, Montana State (15-0) will have spent over two months as the FCS’ last unbeaten team. But the No. 1-seeded Bobcats’ last defeat occurred against NDSU – a 35-34 overtime thriller in the 2023 playoff second round.

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The No. 2-seeded Bison (13-2) are back where most of their recent seasons have gone. They’ve already captured nine FCS championships prior to their 11th appearance in Frisco since the 2011 season – both all-time highs for the Division I subdivision.

A tale of the tape suggests a lot with this season’s FCS championship game. Maybe Michael Buffer should be brought in for pregame introductions.

When Montana State Has the Ball

Incredibly, the Bobcats have scored in 54 of their 60 quarters this season while averaging an FCS-high 41.3 points per game. They want to pound the run – plain and simple.

Coach Brent Vigen’s squad ranks No. 2 in the FCS in rushing yards per game (301.0), with their devasting attack set up by an offensive line whose five starters are all listed as being at least 6-foot-4, 300 pounds (right tackle Marcus Wehr is a two-time first-team All-American).  

North Dakota State rarely surrenders 85 rushing yards to an opposing quarterback, but that’s what Tommy Mellott needs for the Bobcats to gain a third 1,000-yard rusher along with their standout running backs, the physical Scottre Humphrey (1,360 yards, 15 touchdowns) and the big-play Adam Jones (1,134, 14). Mellott has 15 career games of 100+ rushing yards, including in their last two playoff wins.

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Graphic by Graham Bell.

Ty McCullouch is by far Montana State’s top pass catcher over his two seasons in the program, but fellow wide receiver Taco Dowler has been the go-to target of Mellott (2,564 yards, 29 TDs to just two interceptions) during the playoffs, catching four touchdowns across the three wins.

The NDSU program has long subscribed to the concept that field goals won’t beat it, and the Bison have done well to defend their red zone, allowing touchdowns on just 57.9% of their opponents’ opportunities.

The defense, anchored by tackle Eli Mostaert, allows 119.3 rushing yards per game. The Bobcats, though, have been over 200 rushing yards in each of their playoff wins.

When North Dakota State Has the Ball

NDSU’s offense is different in coach Tim Polasek’s first season from many recent years.

Oh yes, the Bison still flex their muscle with a ground game that’s paved by a huge starting offensive line (it’s a little bigger than Montana State’s, with tackles Grey Zabel and Mason Miller as anchors).

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But Bison quarterback Cam Miller, whose 44 career wins as a starter include against the Bobcats in the 2021 FCS championship game, has set career highs in most passing statistics, including completions (239), completion percentage (72.6), passing yards (3,052) and TD passes (31).

NDSU’s 225.9 overall passing yards per game mark their highest average since 2007 and are nearly 26 more per game than in any other season since then. The breakout season of wide receiver Bryce Lance (66 receptions, 964 yards, NDSU-record 16 TD catches) has contributed significantly to it happening.

fcs-championship-game-ndsu-vs-montana-state
Graphic by Graham Bell.

Make no mistake, the Bison’s 192.7 rushing yards per game are excellent, ranking 20th out of 129 FCS teams. However, in a program that’s been ground and pound over time, it’s the lowest average since the first FCS title season in 2011.

A recent toe injury has slowed top rusher CharMar Brown (1,104 yards, 14 TDs), but Barika Kpeenu has over 1,200 yards the last two seasons and Miller’s been over 500 rushing yards in three straight seasons.

NDSU’s six turnovers are the fewest in the FCS, but Montana State’s defense is disruptive. Half of the Bobcats’ 36 sacks have come in their last five games – defensive ends Brody Grebe and Kenneth Eiden IV have a combined for 16.5 this season – and 12 different players have at least one takeaway.

And Then There’s the FCS National Awards

Montana State and North Dakota State also will see a lot of each other at the Stats Perform FCS National Awards Banquet – two nights before the FCS championship game.

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Vigen will receive the Eddie Robinson Award as the FCS coach of the year and Brown will receive the Jerry Rice Award as the FCS freshman player of the year (Jones was second in the voting). Additionally, the Walter Payton Award for FCS offensive player of the year is down to Mellott, Miller and Southern Utah running back Targhee Lambson.


Top Photo: Montana State vs. NDSU in 2023 FCS playoffs. (Garrett Becker/MSU Athletics)

Follow all of our FCS football coverage, including on X, Facebook, Instagram and Bluesky.





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Montana State’s Touchdown Tommy Leads Wyoming Supporting Cast Into FCS Title Game

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Montana State’s Touchdown Tommy Leads Wyoming Supporting Cast Into FCS Title Game


BOZEMAN, Mont. — With eight and a half minutes left in the second quarter, Tommy Mellottaka Touchdown Tommy, aka The Boy From Butte ran a quarterback draw straight up the middle, dodging several South Dakota defensive players.

Just a few yards from the end zone, Touchdown Tommy elevated like a Marvel superhero and dove for the goal line. A South Dakota defender upended his legs, flipping Mellott, who landed on the turf just shy of scoring. 

On the next play, Mellot handed off to Scottre Humphrey for the go-ahead score Saturday in the FCS semifinals at Bobcat Stadium, putting the home team up 21-14. The Cats never looked back as they punished the Coyotes with physical play on defense and magical moves by Mr. Mellott.

Mellott went on to lead the undefeated Bobcats to a 15th straight victory 31-17 over South Dakota and a trip to the FCS national championship game Jan. 6 in Frisco, Texas. 

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Four MSU teammates with Wyoming roots will be with Mellott playing for the title.

Meanwhile on the South Dakota sideline, Garrett Coon of Sheridan wore shorts and a sweatshirt during the unseasonably warm game. He didn’t dress out in Bozeman, but his brother Colson on the opposite MSU sideline did. 

Along with Coon, Montana State boasts three other players who played high school football in Wyoming.

These supporting cast members in the Tommy Mellott show include Dane and Brock Steel, also both from Sheridan, and Jake Vigen, son of MSU Head Coach Brent Vigen, who spent seven years as an assistant coach at the University of Wyoming in Laramie.

  • Coach Brent Vigen, former assistant at the University of Wyoming, is beloved in Bozeman. (David Madison, Cowboy State Daily)
  • MSU transfer, current South Dakota player and former Sheridan Bronc Garrett Coon did not dress for the game against his former team, missing the chance to blast down the sideline past his brother, MSU running back Colson Coon.
    MSU transfer, current South Dakota player and former Sheridan Bronc Garrett Coon did not dress for the game against his former team, missing the chance to blast down the sideline past his brother, MSU running back Colson Coon. (David Madison, Cowboy State Daily)
  • Laramie’s loss, Bozeman’s gain: No. 44 Jake Vigen left Laramie High to play for Gallatin High School in Bozeman. He’s now a sophomore defensive end playing for his father’s undefeated Bobcats.
    Laramie’s loss, Bozeman’s gain: No. 44 Jake Vigen left Laramie High to play for Gallatin High School in Bozeman. He’s now a sophomore defensive end playing for his father’s undefeated Bobcats. (David Madison, Cowboy State Daily)
  • Coach Brent Vigen, former assistant at the University of Wyoming, is beloved in Bozeman.
    Coach Brent Vigen, former assistant at the University of Wyoming, is beloved in Bozeman. (David Madison, Cowboy State Daily)
  • Sheridan product Dane Steel is a freshman wide receiver for Montana State. His brother Brock is a sophomore defensive back.
    Sheridan product Dane Steel is a freshman wide receiver for Montana State. His brother Brock is a sophomore defensive back. (David Madison, Cowboy State Daily)
  • A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota. Ryan Harris, Montana State University class of 2011, made the trip up from Golden, Colorado, and brought a hat made with a real bobcat pelt.
    A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota. Ryan Harris, Montana State University class of 2011, made the trip up from Golden, Colorado, and brought a hat made with a real bobcat pelt. (David Madison, Cowboy State Daily)
  • A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota.
    A sold out crowd packed the parking lot around Bobcat Stadium before the semifinal showdown with South Dakota. (David Madison, Cowboy State Daily)
  • Drum Major Major Dani Espiritu led Montana State’s Spirit of the West Marching Band throughout the spirited game.
    Drum Major Major Dani Espiritu led Montana State’s Spirit of the West Marching Band throughout the spirited game. (David Madison, Cowboy State Daily)

Looks Like An Average Guy

Mellott stands a modest 6 feet tall, weighs 208 pounds and looks like the living cliché of the nice boy next door. 

But on the field, the pride of Butte High School is a cold-blooded offensive assassin.

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Now preparing for the final game of his college career, Mellott continues to rack up the accolades. 

He was named Big Sky Conference Offensive MVP and a top three finalist for the Walter Payton Award. Coming into the game against South Dakota, Mellott led the nation in points responsible for (246) and passing efficiency (183.21). 

Mellott has thrown 259 passes, completing 182 for 2,430 yards and 28 touchdowns on just two interceptions. Mellott also has rushed for 790 yards with 14 rushing touchdowns. His 8.6 yards per carry would lead the nation if he qualified for that NCAA stat, according to the American Football Coaches Association. 

He squats as much as an offensive tackle and can outrun some FCS receivers. He’s well-known around Montana, but one of the most under-the-radar football talents now catching the attention of NFL scouts.

“Tommy Mellott, a dual-threat quarterback from Montana State, has emerged as an intriguing prospect for the NFL Draft,” reports nfldraftbuzz.com. “He ranks seventh in Montana State history with 2,474 career rushing yards and is tied for third with 29 rushing touchdowns. His passing ability has also improved, accumulating 3,241 career passing yards, good for 10th in school history. In 2023, Mellott was named Second Team All-Big Sky and won the FedEx Ground Doris Robinson Scholar-Athlete Award, showcasing his academic prowess as a financial engineering major.

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“In the 2021 playoffs, he became the first player to catch, throw, and rush for a touchdown in the first 16 minutes of a game against Sam Houston State.”

Mellott’s size could limit his opportunities as an NFL QB, but he might turn heads as a Wes Welker- or Julian Edelman-style slot receiver at the next level. 

On To Frisco

The Bobcats will carry a lot of emotion into the national championship game vs. North Dakota State in Frisco, Texas.

Coach Vigen played for the Bison, then started his coaching career in Fargo. North Dakota State is also Montana State’s biggest rival after the Grizzlies at the University of Montana.

That’s because the Bison have trampled the Bobcats five times, ending their seasons and leaving hoofprints all over their game plans for a national championship. 

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But now a former Bison is leading the Cats as Montana State, powered by Mellott, competes for its first title since 1984. 

David Madison can be reached at david@cowboystatedaily.com.



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Montana State Bobcats return to FCS title game with commanding win over South Dakota Coyotes

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Montana State Bobcats return to FCS title game with commanding win over South Dakota Coyotes


BOZEMAN — The clock hit zeroes and “If You’re Gonna Play in Texas” by Alabama blared throughout Bobcat Stadium.

Defensive end Jake Vigen and defensive tackle Alec Eckert dumped a bucket of Powerade on Montana State head coach Brent Vigen (Jake’s father). Fans stormed the field in celebration of the full circle moment.

After coming up short in the FCS national championship in 2021, No. 1 MSU booked a return trip to Frisco, Texas, with a 31-17 win over No. 4 South Dakota Saturday at Bobcat Stadium.

The Bobcats will face No. 2 North Dakota State in the FCS title game on Jan. 6.

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MSU has ended its season against Missouri Valley Football Conference teams each of the last three seasons, with NDSU in the 2021 title game, South Dakota State in the 2022 semis and NDSU again in the 2023 second round.

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Now the Bobcats are “back where we belong,” MSU quarterback Tommy Mellott said. Defensive end Brody Grebe added that he’s glad the opponent will be NDSU because the Bobcats have “something to prove.”

“It’s absolutely a blessing to keep playing football into January,” Mellott said. “That’s what we’re all about here at Montana State.”

Montana State quarterback Tommy Mellott talks to reporters after the Bobcats’ 31-17 win over South Dakota in the semifinals of the FCS playoffs Saturday, Dec. 21, 2024, at Bobcat Stadium in Bozeman.

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Brent Vigen called it a complete “team win,” with MSU making plays in all three phases. Despite giving up two explosive plays in the first half — rushing touchdowns of 55 and 45 yards, respectively — and only scoring once in the second half, MSU “ultimately found a way” to stave off USD.

Montana State head football coach Brent Vigen talks to reporters after the Bobcats’ 31-17 win over South Dakota in the semifinals of the FCS playoffs Saturday, Dec. 21, 2024, at Bobcat Stadium in Bozeman.

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Punter Brendan Hall — who Mellott said has “a bazooka for a leg” — flipped the field with five punts, averaging 54 yards per punt.

MSU finished with 356 total yards (222 rushing, 134 passing) and USD had 371 yards (236 passing, 135 rushing). Mellott had 125 rushing yards and two TDs on 17 carries, and went 8 of 17 for 134 yards and a TD passing.

From left, South Dakota fullback Travis Theis, head football coach Bob Nielson and defensive back Dennis Shorter talk to reporters after the Coyotes’ 31-17 loss to Montana State in the semifinals of the FCS playoffs Saturday, Dec. 21, 2024, at Bobcat Stadium in Bozeman.

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Vigen said if Mellott — a Walter Payton Award finalist — isn’t the most impactful player in FCS, it will be decided on the field in the title game against NDSU QB Cam Miller, a fellow Walter Payton top-three finalist.

Mellott got to work quickly with a pass to wide receiver Taco Dowler for a 20-yard gain. Dowler also capped off the opening drive with a 34-yard touchdown.

Dowler led MSU with four catches for 94 yards.

“He’s a stud,” Mellott said. “We got to find ways every single week to get him the ball, and I think we’ve done a really good job of that.”

Coyotes running back/fullback Travis Theis broke several tackles en route to the end zone on a 55-yard TD run. Safeties Dru Polidore and Rylan Ortt initially missed, followed by linebacker Neil Daily missing and colliding with defensive back Andrew Powdrell.

Theis finished with 110 rushing yards on 14 carries, along with seven catches for 80 yards.

“We had a heck of a time with Theis,” Vigen said, adding, “That was something we anticipated, that he was going to be one of the better players that we’ve seen all year.”

MSU regained the lead with a 5-yard TD run by Mellott.

The Coyotes opened the second quarter with another big run — this time a 45-yard TD scamper by RB Charles Pierre Jr. It’s the first time the Bobcats have surrendered multiple runs of 45-plus yards in a single game this season.

That run also put USD over 100 rushing yards. But the Coyotes were held to 45 rushing yards the rest of the game. Pierre finished with 57 yards on four carries.

“We knew we had to get those (explosive plays) out because besides that, they weren’t having a ton of success,” Grebe said, adding, “And that’s going to happen in those heavy personnels.

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“But getting those big plays stopped, those explosive plays, that’s what helped us in the second half ultimately close out that game.”

Montana State defensive end Brody Grebe talks to reporters after the Bobcats’ 31-17 win over South Dakota in the semifinals of the FCS playoffs Saturday, Dec. 21, 2024, at Bobcat Stadium in Bozeman.

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MSU rattled off a 12-play, 74-yard scoring drive to regain the lead. After a defensive holding call on USD, RB Scottre Humphrey scored a 1-yard TD.

MSU kicker Myles Sansted added a 28-yard field goal with 8 seconds left in the first half to make it 24-14 MSU at the break.

The Bobcats led in total yardage (269-183) and in time of possession (20:28-9:32) at halftime. Mellott also surpassed 1,000 career playoff rushing yards (1,006) and the Bobcats broke their single-season rushing record (4,428) in the first half.

While he would’ve liked a TD to end the first half — as well as better offensive efficiency in the second half — Vigen said controlling time of possession was critical, especially in the first half. MSU ultimately won 32:04-27:56.

“We were just trying to bring it home,” Vigen said. “And ultimately we were able to do that.”

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Mellott got MSU back to midfield on a 26-yard scramble. He later bobbled the snap on a third-and-1, burst up the middle, hurdled USD’s Josiah Ganues and scored a 41-yard TD to put MSU up 31-14.

Vigen said it might be the craziest play he’s seen from Mellott, a product of a “fortuitous bounce” and taking advantage of chaos.

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“That play, the unscripted, the competitive nature, he certainly could have gone down on that play,” Vigen added. “Somehow he kept his balance and I’m sure they were wondering what the heck just happened.”

The Coyotes later kicked a 46-yard FG to make it 31-17.

USD had two potential scoring drives in the fourth quarter snuffed out by the MSU defense. The Coyotes lost 11 yards on a botched snap. On a fourth-and-13, tight end JJ Galbreath was knocked out of bounds short of the line to gain by MSU DB Tayden Gray.

On the second drive, Grebe and DE Kenneth Eiden IV bull-rushed Bouman for a sack on a third-and-5. Cornerback Simeon Woodard broke up a pass intended for USD’s Carter Bell in the end zone on fourth-and-10.

Vigen said the Bobcats defended the pass well all game, largely holding the Coyotes to check downs. Bouman went 20 of 29 for 236 yards, with three completions of 20-plus yards.

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“We did not give them the home run, and they were going after the home run over and over again,” Vigen said, adding, “We got ourselves in some one-on-ones and we were able to make those plays and really challenge them.”






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Montana State quarterback Tommy Mellott (4) flips the ball out of his hands after scoring against South Dakota during an FCS semifinal game Saturday at Bobcat Stadium.




Grebe also pointed to the win over UC Davis, when the Aggies nearly overcame a 30-8 deficit in the fourth quarter. On Saturday, the Bobcats were once again in danger of losing momentum.

“Today, we were able to get those stops, and that was huge for our team to keep a little comfort there, that we could finish out the game with the two-score lead,” Grebe added.

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The last gasp for USD came on an attempted hook-and-ladder from Galbreath to Quaron Adams. But Adams couldn’t handle the lateral and Grebe recovered the fumble. Mellott kneeled it out to seal the win.

Montana State’s Brody Grebe recovers a South Dakota fumble with 1:41 left to secure the Bobcats’ 31-17 victory, which earned them a trip back to the FCS championship.

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It was the same fashion MSU punched its ticket to Frisco in 2021, with then-DE Daniel Hardy recovering the ball to beat SDSU 31-17.

“There’s nothing like that,” Grebe added. “And I’m so happy that I was able to go out this way in Bobcat Stadium.”

After the game felt “pretty surreal” for Grebe, who still remembers playing throughout the 2021 playoff run as a freshman alongside seniors he admired. Mellott said he was overwhelmed during that run and trying to take every game one at a time.

Now, the Bobcats have the built-in experience for another run at a national title. Vigen said his team will “not leave a stone unturned” as they look toward a rematch against the Bison.

“We’re going to have to prepare like crazy over the next couple weeks to put ourselves in position,” Vigen added. “But I think that we’re gonna go down there with a team that’s going to be right in the fight.”

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The Montana State football team runs out before its game against South Dakota in the semifinals of the FCS playoffs Saturday, Dec. 21, 2024, at Bobcat Stadium in Bozeman.

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