Montana

Two tiers of justice at the Montana Supreme Court

Published

2 years ago

February 29, 2024

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.

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Montana

Montana Lottery Powerball, Lotto America results for April 13, 2026

Published

11 hours ago

April 13, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big.

Here’s a look at April 13, 2026, results for each game:

Winning Powerball numbers from April 13 drawing

38-43-59-63-64, Powerball: 15, Power Play: 3

Check Powerball payouts and previous drawings here.

Winning Lotto America numbers from April 13 drawing

01-18-19-35-50, Star Ball: 09, ASB: 03

Check Lotto America payouts and previous drawings here.

Winning Big Sky Bonus numbers from April 13 drawing

14-20-25-29, Bonus: 04

Check Big Sky Bonus payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.
Millionaire for Life: 9:15 p.m. MT daily.

Missed a draw? Peek at the past week’s winning numbers.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

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Montana

Montana Livestock Markets Hold Steady Amid Light Offerings (April 5-11, 2026)

Published

23 hours ago

April 13, 2026

Press Room

Montana Livestock Markets Hold Steady Amid Light Offerings (April 5-11, 2026)

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Montana

Regents to take up president hire for University of Montana

Published

1 day ago

April 12, 2026

Press Room

Regents to take up president hire for University of Montana

Keila Szpaller

(Daily Montanan) The Montana Board of Regents is taking up the hire of Jeremiah Shinn for University of Montana president at a special meeting on April 14.

Shinn, interim president of Boise State University, visited the Missoula campus earlier this week after emerging as the sole finalist out of more than 70 applicants, according to earlier information from the Office of the Commissioner of Higher Education.

At the meeting, the Board of Regents will consider employment terms that include an annual salary of $467,197 and annual deferred compensation of $76,875, according to the agenda item. The terms also include a university-owned residence.

The start date would be July 1, 2026. Commissioner of Higher Education Clayton Christian has taken on interim president duties and will continue to do so until then.

The Board of Regents is considering the hire because former UM President Seth Bodnar announced his resignation in January and subsequently filed to run for U.S. Senate as an independent.

Christian undertook an expedited hire to preserve momentum at the Missoula flagship and said he had never seen a pool of candidates with so much presidential experience — many had served in the role in some capacity.

Christian said Shinn rose to the top because he was “a fit” with UM and has a deep background in student affairs.

In May 2025, the Board of Regents approved $455,802 salaries for presidents at both UM and Montana State University and Commissioner Christian, along with deferred compensation of $75,000, all effective July 1, 2025.

Galen Hollenbaugh, spokesperson for the Commissioner’s Office, said because Shinn’s start date is July 1, his salary reflects the 2.5% increase from the 2025 legislative session effective in 2026.

“President Tessman and Commissioner Christian will also receive the scheduled increase, and the salaries will be at the same level,” Hollenbaugh said in an email.

The UM president’s house near campus has been on the market for $2.895 million, but Hollenbaugh said it will be off the market, and Shinn will plan to occupy it.

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