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MT Supreme Court rules laws, including one on transgender athletes, violate Board of Regents' authority

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MT Supreme Court rules laws, including one on transgender athletes, violate Board of Regents' authority


HELENA — The Montana Supreme Court has upheld a lower court ruling that found three bills from the 2021 state legislative session overstepped onto the authority of the Montana University System Board of Regents.

The most prominent of the bills was House Bill 112, which banned transgender female athletes at public schools from participating in women’s sports. A majority of justices agreed that bill was unconstitutional as applied to colleges and universities.

In addition to HB 112, the court also ruled against:

· House Bill 349, which limited how colleges and universities could discipline students for certain speech and when they can deny recognition to student organizations.
· A section of Senate Bill 319 that would have required student organizations that also function as political committees – specifically the advocacy group MontPIRG – to be funded through a fee that students can pay if they opt in, instead of one they are required to pay unless they opt out.

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A large group of individuals and organizations filed suit over these bills. In their arguments, the plaintiffs made the case that the Montana Constitution gives the Board of Regents full authority to oversee the state’s university system, and that the bills infringed on that authority. In 2022, a district judge in Gallatin County sided with the plaintiffs.

Attorneys for the state argued the plaintiffs did not have legal standing to challenge the laws. On HB 112 specifically, they said the law was not targeting the Board of Regents or universities specifically, and that the board had not established a policy on transgender athletes.

Justice Ingrid Gustafson wrote in her ruling – joined by Chief Justice Mike McGrath and Justices Laurie McKinnon and Jim Shea – that the plaintiffs had established standing by showing they would be harmed by the bills, and that they could make the argument the bills unconstitutionally infringed on the Board’s authority even if the Board itself did not sue.

Gustafson said the Board of Regents had essentially expressed a judgment on how to handle transgender athletes by linking participation to NCAA and NAIA requirements. She said HB 112 does address elementary and high schools as well as colleges and universities, but that didn’t mean it wasn’t infringing on the Board.

“The Legislature cannot avoid Article X, § 9’s grant of power to the Board by simply adding non-MUS institutions to the law,” she wrote.

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Gustafson also said, because the state had focused its arguments on stating HB 112 was not unconstitutional, they had essentially conceded on the other two bills, so the district court’s ruling against them should stand. The state said they centered their defense on the merits on HB 112 for briefing reasons, not because they were conceding the other bills were unconstitutional.

While four out of seven justices agreed to find the bills unconstitutional, they were split on whether the plaintiffs were entitled to receive attorney fees from the state. The district judge had ruled against the plaintiffs’ request. Because a majority of justices didn’t agree fees were warranted, that decision remained in place.

Justice Jim Rice wrote a dissenting opinion, in which he argued the plaintiffs did not have standing in the case and that only the Board of Regents itself should have had the authority to file suit claiming an infringement of its authority. Justice Dirk Sandefur agreed with Rice, but added his own short opinion saying that, if the plaintiffs did have standing, he would agree that the bills were unconstitutional as the majority had ruled.

Read the justices’ full opinions below:

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ICE sued over “inhumane” conditions at Camp East Montana

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ICE sued over “inhumane” conditions at Camp East Montana

Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give us feedback.

A group of legal and civil rights organizations late Friday sued U.S. Immigration and Customs Enforcement over conditions at Camp East Montana in El Paso, the country’s largest immigration detention facility.

“Camp East Montana is nothing short of a civil rights catastrophe,” Kyle Virgien, senior staff attorney at the American Civil Liberties Union’s National Prison Project, said in a statement. “We’re suing to ensure that no other human being has to endure the inhumane treatment that the Trump administration has inflicted on our clients.”

The Texas Tribune has reached out to the Department of Homeland Security for comment.

Filed by the ACLU of Texas, the ACLU, the Texas Civil Rights Project and law firm Farella Braun + Martel, the federal lawsuit comes less than a year after the opening of the sprawling tent camp.

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In that time, the facility has seen at least three detainee deaths, a measles outbreak and nearly 50 detention standards violations as reported by ICE’s own inspectors, prompting calls for the camp’s closure from immigrant advocates and Democratic lawmakers.

The civil rights groups behind the lawsuit also alleged in a December letter that detained immigrants were subject to medical neglect, physical and sexual abuse by officers, insufficient food and denial of meaningful access to attorneys. In March, ICE switched out the facility’s prime operator for a more experienced contractor, saying the agency would “work closely with them” to improve services, including higher standards of medical care. Still, in a subsequent letter to ICE dated May 22, the groups said the situation “continued to deteriorate” and outlined additional complaints such as hazardous dust exposure.

Friday’s lawsuit argues that conditions at the facility are “unconstitutional punishment” and violate detainees’ due process rights under the Fifth Amendment. 

“These conditions are longstanding, pervasive, and well documented, and Defendants’ continued inaction in the face of known risks shows their deliberate indifference — not mere negligence — to detainees’ constitutional rights,” the lawsuit said.

The petition, filed on behalf of four detainees, is also seeking approval to proceed as a class action to cover all those who are currently or will be detained in Camp East Montana.

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One of the plaintiffs is Gerald Akari Angye, a detained immigrant who called the conditions at the camp “inhumane and cruel.”

Prior to this lawsuit, the 35-year-old man had filed a petition in January seeking release from ICE detention. According to the filing, Angye was a high school teacher in Cameroon but fled after being kidnapped and tortured amid a separatist conflict. He sought asylum after crossing through a New Mexico port of entry in December 2024. An immigration judge later denied his application, and Angye appealed.

In a statement provided by the civil rights groups, Angye said he had been beaten at Camp East Montana and never thought he would face “such severely violent treatments” in the United States. He was also placed in solitary confinement for 15 days, according to the lawsuit.

“No one deserves such cruel treatment,” he said. “We are all humans and deserve to be treated like it.”

U.S. Rep. Veronica Escobar said in a statement to the Tribune that she is grateful for the legal fight. A leading critic of Camp East Montana, the El Paso Democrat called the facility “a purgatory for human beings held there.” She also vowed to continue her oversight visits and demand for the tent camp’s permanent closure.

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Camp East Montana, first opened in August 2025, is located on Fort Bliss U.S. Army base.

Expected to ultimately reach a 5,000-bed capacity, the camp had a daily average of more than 2,500 detainees as of April 2, according to the most recent public data from ICE. The facility has also held the largest number of detained immigrants thus far in fiscal year 2026, the Transactional Records Access Clearinghouse at Syracuse University found.

“Camp East Montana is at the epicenter of the administration’s cruel deportation agenda,” Savannah Kumar, staff attorney at the ACLU of Texas, said in a statement. 

Disclosure: ACLU Texas has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.



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Sentinel stuns Gallatin to take inaugural State AA Baseball Title

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Sentinel stuns Gallatin to take inaugural State AA Baseball Title


The Sentinel Spartans are the kings of Montana AA baseball.

In the inaugural season of AA baseball in the Treasure State, Sentinel took the title by winning three games in two days at the State AA Tournament, culminating with a 6-3 championship game victory over the Gallatin Raptors.

“It’s tough to find words right now,” said Sentinel head coach Brian Moser. “It was pretty emotional celebrating with the guys. Just really happy for them. What an opportunity. They took advantage of it. Very proud of them. Very appreciative of everything they’ve done for me and Sentinel High School and Sentinel baseball. It’s a great night to be a Spartan.”

Junior Stellan Ridley was stellar for Sentinel, with two triples, two runs scored, and two runs batted in. Kaden Thennis added two hits, two runs, and an RBI while also drawing a hit by pitch. Owen Dale had a hit and a run batted in.

“We have a great mentality,” said Ridley. “I’m so proud of these young guys. As a junior and the seniors, leading us to this and showing how discipline works. We faced some chirpy people, and we just stayed with our level of the game and we performed, as you can see. We won the State Tournament!”

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Each win for Sentinel in the tournament came in vastly different fashion.

The Spartans earned a nine-inning victory in their quarterfinal against Butte on Thursday, then came back from a 6-0 deficit after 4.5 innings in their Friday semifinal matinee against the Glacier Wolfpack. But on Friday night, in a game that started at 10 p.m. and ended at 12:08 a.m., Sentinel took an early lead and never trailed enroute to a victory over a Raptors team that had lost just one game all season.

“I had never played a game that late. Going from the early game, it was good that we had that little gap, we got to recuperate and take a solid power nap and come back out here with a lot of energy. Because if we came out flat, there was no way. But we came out with a lot of energy, and we stuck it to them. I mean, that team was good,” said Ridley of their hot start in the title game.

“Baseball is a funny game. There’s a lot of ways to win, there’s a lot of ways to lose. Just happy for the guys for sticking to it and never giving up.” said Moser. “Honestly, it takes a couple of lucky bounces here and there in a State Tournament, and we got those and took advantage. Beat a really, really good Gallatin team tonight. Just extremely proud.”

Gallatin managed to tie the game at 3 apiece in the fifth inning before the Spartans scored one in the sixth and two in the seventh, allowing freshman pitcher Lucas Johansson to earn the win and the save on the mound.

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“It’s a big deal. 3 runs are way more than 1. It takes a lot of what the offense can do away. So those were huge, huge runs,” said Moser.

Johansson picked up two of the three wins in the tournament for Sentinel, while fellow freshman Paxson Onstot had the victory in the triumph over Glacier.

“I’m not going to say that’s how we drew it up, but that hopefully gives them confidence to come back next year ready to go,” said Moser. “We’ll have a target on our backs, but that’s okay. A lot of youth, it’s fun.”

Keaton Elliott tossed the first 4.1 innings of the title game for Sentinel, allowing just two hits, three earned runs, and five walks while striking out two.

The title marked the end of a remarkable turnaround for a Spartans team that started the season with a record of 5-7 before winning 10 of their last 11.

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“(We got) absolutely shamed by our entire school (at assembly). It sat with me this whole time and I hated that. I just had so much drive,” said Ridley. “What are they going to say now?”

Wyatt Ford pitched a complete game for Gallatin, allowing three earned runs, five hits and a hit by pitch while striking out 10 on 103 pitches.

Ford and Louis Musial had the Raptors only two hits on the night, a triple and double, respectively, while Harvey Kimmel had two runs batted in.

Sentinel ends their season with a record of 15-8, while Gallatin concluded their campaign at 18-2.

“I think Gallatin came in here a little cocky. One loss the whole season, thinking they were going to probably roll us,” said Ridley. “No. We showed them up. Their eyes got big, and they realized we’re not a team to mess with.”

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Counties accept enough signatures to put Bodnar, Eisenhauer on ballot; counts unofficial

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Counties accept enough signatures to put Bodnar, Eisenhauer on ballot; counts unofficial


Montana counties have accepted enough signatures for Seth Bodnar, running for U.S. Senate and Michael Eisenhauer, running in Montana’s 2nd Congressional District, to be on the November ballot, although counts are still unofficial.

County election officials are continuing to verify signatures submitted by Tuesday’s deadline as part of the candidate petition process.

The Montana Secretary of State’s Office has not yet verified, certified or accepted the petitions, according to the Secretary of State’s office.

Counties must submit candidate petitions to the Secretary of State’s office by June 1.

The Secretary of State’s office will then conduct its “statutory review to ensure the petitions meet the necessary legal requirements under law.”

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The deadline for the November general election ballot to be certified is Thursday, Aug. 20. By then, all qualifying candidates and any potential ballot issues that qualify for the general election will be officially certified.

The following was out by the Montana Secretary of State’s Office:

The attached report is unofficial. It includes totals that the county election officials have processed and entered in the system. These totals do not represent what the Secretary of State’s Office has received, reviewed, tabulated, or certified. The certified totals may differ from what is reflected.

Seth Bodnar, U.S. Senate

  • 13,327 required
  • 18,772 accepted
  • 7,812 rejected

Kimberly Persico, MT-01

  • 6,742 required
  • 563 accepted
  • 156 rejected

Michael Eisenhauer, MT-02

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  • 7,274 required
  • 7,754 accepted
  • 4,720 rejected



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