By Eric Dietrich & the MTFP staff
**Update — As of early 2023, MTFP ceased updating this guide to focus on other efforts, including story-based coverage of continuing litigation over 2021 bills and new litigation filed on bills passed by the 2023 Legislature.**
Montana’s historic 2021 legislative session, the first since 2003 with Republicans in control of both the Legislature and the governor’s office, produced a wave of new conservative laws on politically fraught topics including gun rights, abortion access and voting regulations. Opponents have begun to challenge those measures in court, giving the state’s judicial branch the chance to weigh arguments about whether the new laws violate the Montana Constitution.
The litigation comes as Republicans have alleged liberal bias in the state judiciary and established a legislative committee to investigate judicial conduct — an effort that has spun into its own batch of legal proceedings.
As these cases work their way through the courts, Montana Free Press will keep track of which bills are being challenged and the status of specific cases. We plan to update this guide periodically. We welcome questions or suggestions at tips@montanafreepress.org.
Challenges to 2021 bills
Cases seeking to nullify laws or proposed voter referendums passed by the 2021 Legislature.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
Montana Supreme Court
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B. Brown et al. v. G. Gianforte (OP-21-0125)
Challenges law allowing the governor to fill judicial vacancies directly, abolishing the Judicial Nomination Commission established in 1972. The challenge to SB 140 became tangled with a broader conflict between the legislative and judicial branches. — 22 major legal filings, last on June 10.
Law upheld
Bill challenged: SB 140
Plaintiffs
Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson, and the Montana League of Women Voters
Defendants
Governor Greg Gianforte, Montana Legislature
Judge
Montana Supreme Court
Related coverage
Major legal filings
3/17/21 – Petition for Original Jurisdiction filed by plaintiffs
Initial filing asking the court to declare SB 140 unconstitutional
3/24/21 – Substitution Order filed by the court
Replaces recused Chief Justice Mike McGrath with District Court Judge Kurt Krueger
4/1/21 – Emergency Motion to Disqualify Judge Kurt Krueger filed by defendants
Asks for Krueger's recusal, citing Krueger's opposition to SB 140 in an internal judicial branch poll. Also requests a stay of the proceedings "until such time as the Court can seat an impartial and independent judicial panel to decide this case"
4/2/21 – Recusal Notice filed by District Court Judge Kurt Krueger
4/2/21 – Petitioner's Response filed by plaintiffs
Opposes a stay of the proceedings
4/7/21 – Order RE Disqualifications filed by the court
Declines to stay the proceedings, saying no Supreme Court justices participated in the poll
4/11/21 – Emergency Motion to Quash Subpoena filed by Court Administrator Beth McLaughlin
Request to block legislative subpoena for judicial emails
4/11/21 – Temporary Order Quashing Subpoenas filed by the court
Temporarily quashes legislative subpoena pending further legal argument
4/12/21 – Motion to Strike filed by defendants
Asks court to throw out Court Administrator McLaughlin's motions
4/14/21 – Amicus Brief from Mountain States Legal Foundation filed by a third party
Third-party legal arguments on SB 140's constitutionality
4/14/21 – Amicus Brief from Montana Trial Lawyers Association and Montana Defense Trial Lawyers filed by a third party
Third-party legal arguments on SB 140's constitutionality
4/14/21 – Response to Petition for Original Jurisdiction filed by defendants
Response to legal arguments raised in initial petition
4/15/21 – Emergency Motion to Quash Revised Legislative Subpoena filed by Court Administrator Beth McLaughlin
Asks court to throw out revised legislative subpoena
4/16/21 – Updated Motion to Strike filed by defendants
Asks court to throw out the motion to quash the revised legislative subpoena
4/16/21 – Order Quashing Subpoena filed by the court
Temporarily quashes legislative subpoena pending further legal argument
4/16/21 – Response in Opposition to Second Emergency Motion to Quash filed by Montana Legislature
4/23/21 – Notice to Court filed by defendants
5/5/21 – Petitioners' Motion to Amend Petition filed by plaintiffs
Attempts to add a challenge to the constitutionality of SB 402 to the case
5/6/21 – Order Denying Amended Petition filed by the court
Denies attempt to add challenge to SB 402 to the case
5/10/21 – Petitioners' Reply Brief filed by plaintiffs
Legal arguments against SB 140
6/10/21 – Opinion filed by the court
The Supreme Court’s official 6-1 ruling that SB 140 is constitutional, upholding the law against plaintiffs’ legal challenge
6/10/21 – Opinion Synopsis filed by the court
Brief summary of the Court’s ruling
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Board of Regents v. A. Knudsen (OP-21-0246)
Challenges law that allows firearm possession on campuses — 2 major legal filings, last on May 26.
Dismissed for litigation in lower court
Bill challenged: HB 102
Plaintiffs
Montana Board of Regents
Defendants
State of Montana, Attorney General Austin Knudsen
Judge
Montana Supreme Court
Related coverage
Montana Free Press
5/21/21
Major legal filings
5/20/21 – Petition for Original Jurisdiction filed by plaintiffs
Asks the Montana Supreme Court to take up the case
5/26/21 – Order to Dismiss filed by the court
Dismisses the case, saying a lower court is the appropriate venue
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S. Barrett et al. v. G. Gianforte (OP-21-0247)
Challenges campus carry law and others — 2 major legal filings, last on May 26.
Dismissed for litigation in lower court
Plaintiffs
Steve Barrett, Robert Knight, Montana Federation of Public Employees, Lawrence Pettit, Montana University System Faculty Association Representatives, Montana State University Faculty Senate, Joy Honea, Annjeanette Belcourt, Franke Wilmer, Montana Public Interest Research Group, Ashley Phelan, Joseph Knappenberger, and Nicole Bondurant
Defendants
State of Montana, Governor Greg Gianforte
Judge
Montana Supreme Court
Related coverage
Montana Free Press
5/21/21
Major legal filings
5/20/21 – Petition for Original Jurisdiction filed by plaintiffs
Asks the Montana Supreme Court to take up the case
5/26/21 – Order to Dismiss filed by the court
Dismisses the case, saying a lower court is the appropriate venue
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Winter et al. v. 1st Judicial District (OP-21-0334)
Asks Montana Supreme Court to take Winter et al. v. Montana over from a lower state court in Lewis & Clark County and declare judicial appointment law SB 140 unconstitutional — 2 major legal filings, last on July 20.
Dismissed
Bill challenged: SB 140
Plaintiffs
Thomas Winter, Barbara Bessette
Defendants
Montana First Judicial District Court, Judge Mike McMahon
Judge
Montana Supreme Court
Related coverage
Major legal filings
7/9/21 – Petition for Writ of Supervisory Control filed by plaintiffs
Asks the Montana Supreme Court to take over the case
7/20/21 – Order to Dismiss filed by the court
Declines to take over the case and dismisses this proceeding
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Jacobsen v. 2nd Judicial District (OP-21-0382)
Appeals denial of motion to replace judge Kurt Kreuger in 2-DV-21-0120 in Silver Bow County District Court, which challenges a proposed voter referendum on electing Montana Supreme Court justices by district. A unanimous supreme court reversed the decision. — 5 major legal filings, last on November 3.
Decided
Bill challenged: HB 325
Plaintiffs
Secretary of State Christi Jacobsen
Defendants
Second Judicial District
Judge
Montana Supreme Court
Related coverage
Major legal filings
8/4/21 – Notice of Appeal filed by plaintiffs
9/10/21 – Appeal Brief filed by plaintiffs
9/21/21 – Answer Brief filed by underlying case plaintiffs
9/21/21 – Appellant Reply Brief filed by plaintiffs
11/3/21 – Opinion filed by the court
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Montana Shooting Sports v. 1st Judicial District (OP-21-0377)
Appeals lower court’s decision to deny intervenor status to the Montana Shooting Sports Association in 1-DV-21-0598, which challenges a campus carry law. — 5 major legal filings, last on September 29.
Dismissed with appeal denied
Bill challenged: HB 102
Plaintiffs
Montana Shooting Sports Association
Defendants
First Judicial District
Judge
Montana Supreme Court
Major legal filings
8/3/21 – Petition for Writ of Supervisory Control filed by plaintiffs
8/9/21 – Order filed by the Court
Accepts the appeal and requests responses from other parties in the underlying case
9/8/21 – Response filed by Montana Attorney General
Urges the state supreme court to grant the shooting sports association’s request to intervene in the district court lawsuit
9/8/21 – Response filed by Montana Board of Regents
Urges the state supreme court to deny the shooting sports association’s appeal
9/29/21 – Dismissal Order filed by the court
Denies the appeal
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Planned Parenthood et al. v 13th Judicial District (OP-21-0494)
Emergency appeal effort intended to keep four anti-abortion laws being challenged in Planned Parenthood et al. v. Montana, 13-DV-21-0999, from taking effect after a judge who had been weighing a stay was forced to remove himself from the case at the last minute. The appeal was dismissed and a lower court stay was issued by a new judge. — 4 major legal filings, last on September 30.
Dismissed
Plaintiffs
Planned Parenthood of Montana, Joey Banks, M.D.
Defendants
Thirteenth Judicial District
Judge
Montana Supreme Court
Related coverage
Montana Free Press
9/29/21
Major legal filings
9/30/21 – Petition for Writ of Supervisory Control filed by plaintiffs
Asks the Montana Supreme Court to take up the case
9/30/21 – Response Objecting to Petition for Writ of Supervisory Control filed by defendants
9/30/21 – Notice of Order filed by defendants
9/30/21 – Dismissal Order filed by the court
Dismisses the appeal, noting a new lower-court judge has assumed the case
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Planned Parenthood et al. v Montana (DA-21-0521)
Effort by the state to appeal a lower court ruling keeping anti-abortion laws from taking effect while a case challenging them proceeds. That case is Planned Parenthood et al. v. Montana, 13-DV-21-0999. Appeal was denied Aug. 9, 2021 — 13 major legal filings, last on August 9.
Decided — preliminary injunction upheld
Plaintiffs
State of Montana
Defendants
Planned Parenthood of Montana, Joey Banks, M.D.
Judge
Montana Supreme Court
Major legal filings
10/19/21 – Notice of Appeal filed by appeal plaintiffs
Asks the Montana Supreme Court to take up the case
1/20/22 – Appeal Brief filed by appeal plaintiffs
3/24/22 – Amicus Brief filed by third-parties involved in anti-domestic violence advocacy
3/24/22 – Amicus Brief filed by third-parties Center for Reproductive Rights, ACLU of Montana Foundation and National Women’s Law Center
3/24/22 – Amicus Brief filed by third-party 1972 Constitutional Convention delegates
3/24/22 – Answer Brief filed by appeal defendants
Response to case for appeal
3/28/22 – Amicus Brief filed by third-party American College of Obstetricians and Gynecologists et al.
4/15/22 – Reply Brief filed by appeal plaintiffs
6/27/22 – Notice of Supplemental Authority filed by appeal plaintiffs
Notes the U.S. Supreme Court’s decision to overturn Roe v. Wade
8/2/22 – Motion for Supplemental Briefing filed by Gov. Greg Gianforte
Requests that the governor be allowed to put additional arguments before the court in light of Roe v. Wade being overturned.
8/8/22 – Response Opposing Motions for Supplemental Briefing filed by appeal defendants
8/9/22 – Opinion filed by the court
Denies appeal, upholding a lower court ruling that keeps anti-abortion laws from taking effect while a challenge to them is litigated.
8/9/22 – Order Denying Motion for Supplemental Briefing filed by the court
Denies supplemental briefing request, saying it was filed after the case had been fully briefed and submitted to justices for deliberations.
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Board of Regents v. Montana (DA-21-0605)
Appeal of ruling for university system in challenge to campus carry law. Decided in favor of university system. — 13 major legal filings, last on June 29.
Decided
Bill challenged: HB 102
Plaintiffs
State of Montana
Defendants
Montana Board of Regents
Judge
Montana Supreme Court
Related coverage
Major legal filings
11/30/21 – Notice of Appeal filed by plaintiffs
Asks the Montana Supreme Court to take up the case
2/10/22 – Opening Brief filed by appellants, via Attorney General Austin Knudsen
Legal arguments backing the appeal
2/11/22 – Amicus Brief filed by third-party Daniels County
2/17/22 – Amicus Brief filed by third-party Rep. Seth Berglee
Brief submitted by bill sponsor
2/18/22 – Amicus Brief filed by third-party Montana Shooting Sports Association
2/18/22 – Amicus Brief filed by third-party Western Montana Fish & Game Association, Inc.
2/28/22 – Amicus Brief filed by third-party Montana legislators
Brief co-signed by 81 Republican legislators, including Berglee
3/7/22 – Amicus Brief filed by third-party Second Amendment Foundation et al.
3/14/22 – Reply Brief filed by defendant Board of Regents
3/21/22 – Amicus Brief filed by third-party Associated Students of the University of Montana
3/21/22 – Amicus Brief filed by third-party university stakeholders
3/28/22 – Reply Brief filed by appellants, via Attorney General Austin Knudsen
6/29/22 – Opinion filed by the court
Denies appeal, finding that the Board of Regents maintains the power to regulate firearm possession on Montana college campuses
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Netzer Law Office v. Montana (DA-22-0109)
Appeals lower-court decision that denied plaintiffs’ request to block a law preventing discrimination based on vaccine status while litigation in the lower court case proceeds. — 5 major legal filings, last on November 16.
Decided - Preliminary Injunction Denial Upheld
Bill challenged: HB 702
Plaintiffs
Netzer Law Office, Donald Netzer
Defendants
State of Montana, Attorney General Austin Knudsen, Montana Commissioner of Labor and Industry Laurie Esau
Judge
Montana Supreme Court
Major legal filings
3/3/22 – Notice of Appeal filed by appellants
5/26/22 – Appellant’s Opening Brief filed by appellants
7/25/22 – State’s Response Brief filed by state attorneys
8/26/22 – Appellant’s Reply Brief filed by appellants
11/16/22 – Opinion filed by the Court
Denies plaintiff/appellants’ request to overturn the lower court decisions the refused to place a stay on the law while litigation the lower court case proceeds.
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Montana Democratic Party et al. v. Jacobsen (DA-22-0172)
Appeals decision blocking new election administration regulations while lower-court litigation challenging them proceeds in 13-DV-21-0451. — 15 major legal filings, last on June 29.
Decided — preliminary injunction upheld
Plaintiffs
Montana Secretary of State Christi Jacobsen
Defendants
Montana Democratic Party et al.
Judge
Montana Supreme Court
Related coverage
Montana Free Press
9/21/22
Major legal filings
4/7/22 – Notice of Appeal filed by plaintiffs
4/27/22 – Motion to Stay filed by appellants
Asks justices to block a lower-court order that reinstated election-day voter registration and limited voter ID requirements for the 2022 election cycle.
5/9/22 – Response to Motion to Stay filed by Montana Democratic Party plaintiffs
5/9/22 – Response to Motion to Stay filed by Western Native Voice plaintiffs
5/9/22 – Response to Motion to Stay filed by Youth plaintiffs
5/16/22 – Amended Notice of Appeal filed by appellants
Notes lower court order has modified the scope of the injunction on the disputed laws.
5/16/22 – Opening Brief filed by appellants
5/17/22 – Order filed by the court
Overrules the lower-court ruling, unblocking the new laws preventing same-day voter registration and tightening voter ID requirements.
6/3/22 – Order Allowing Amicus Brief from Restoring Integrity & Trust in Elections filed by the court
Allows third-party group to make legal arguments in the case.
6/9/22 – Amicus Brief filed by Restoring Integrity & Trust in Elections
6/15/22 – Appeal Response filed by Montana Democratic Party plaintiffs
6/15/22 – Appeal Response filed by Western Native Voice plaintiffs
6/15/22 – Appeal Response filed by Youth plaintiffs
6/29/22 – Appeal reply brief filed by appellants
6/29/22 – Opinion filed by the Court
Reinstates the lower court’s temporary block on the election laws while litigation there moves forward.
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McDonald et al v. Jacobsen (DA-22-0229)
Appeals lower-court decision blocking a legislative referendum that would have had Montana voters decide on switching state supreme court elections to a district-based system. Justices upheld the lower-court decision, keeping the referendum off the 2022 ballot. — 8 major legal filings, last on August 12.
Decided — referendum blocked
Bill challenged: HB 325
Plaintiffs
Montana Secretary of State Christi Jacobsen
Defendants
Sister Mary Jo McDonald, Lori Maloney, Fritz Daily, Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson and the League of Women Voters of Montana
Judge
Montana Supreme Court
Related coverage
Montana Free Press
6/15/22
Major legal filings
5/5/22 – Notice of Appeal filed by appellants
5/5/22 – Motion for Judicial Disqualification filed by appellants
Argues that all supreme court justices should recuse themselves from the case because the underlying proposal affects how they would run for re-election.
5/19/22 – Response Opposing Motion for Judicial Disqualification filed by defendants
6/9/22 – Appeal brief filed by appellants
6/14/22 – Order Denying Motion for Judicial Disqualification filed by the court
Indicates supreme court justices won’t recuse themselves from the case
6/29/22 – Appeal response filed by appeal defendants (underlying case plaintiffs)
7/6/22 – Reply brief filed by appellants
8/12/22 – Opinion filed by the court
Affirms lower-court ruling, keeping proposed amendment from appearing on the ballot.
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Montana et al. v. Thirteenth Judicial District Court (OP-22-0552)
Appeals lower-court decision ordering the state health department to accept applications from transgender Montanans looking to update the sex listed on their birth certificate while a case challenging a law that would make such action more difficult proceeds. — 4 major legal filings, last on January 10.
Decided
Bill challenged: SB 280
Plaintiffs
State of Montana
Defendants
Amelia Marquez, John Doe
Judge
Montana Supreme Court
Major legal filings
9/23/22 – Petition for Writ of Supervisory Control filed by appellants
Asks the Montana Supreme Court to take up the appeal
9/29/22 – Order for Summary Response filed by the court
Asks plaintiffs suing the state in the underlying case to file a response to the request for the Montana Supreme Court to take up the appeal.
9/29/22 – Summary Response filed by underlying case plaintiffs
Argues the Montana Supreme Court shouldn’t take up the appeal.
1/10/23 – Order filed by the court
Grants petition in part.
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Barrett et al. v. Montana (DA-22-0586)
Appeals Gallatin County District Court decision in 18-DV-21-0581 that declared portions of four laws were unconstitutional as they pertained to higher education. — 2 major legal filings, last on February 8.
Pending
Plaintiffs
Steve Barrett, Robert Knight, Montana Federation of Public Employees, Lawrence Pettit, Montana University System Faculty Association Representatives, Montana State University Faculty Senate, Joy Honea, Annjeanette Belcourt, Franke Wilmer, Montana Public Interest Research Group, Ashley Phelan, Joseph Knappenberger, Nicole Bondurant, Mae Nan Ellingson
Defendants
State of Montana, Gov. Greg Gianforte, Attorney General Austin Knudsen
Judge
Montana Supreme Court
Related coverage
Major legal filings
10/13/22 – Notice of Appeal filed by appellants
Asks the Montana Supreme Court to take up the appeal
2/8/23 – Opening Brief filed by appellants
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Montana Democratic Party et al. v. Jacobsen (DA-22-0667)
Appeals Yellowstone County District Court decision in 13-DV-21-0451 that struck down four election administration laws. — 1 major legal filing, last on November 22.
Pending
Plaintiffs
Montana Democratic Party and Mitch Bohn; Montana Native Vote, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Northern Cheyenne Tribe; Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group Research Group, Ashley Phelan, Joseph Knappenberger, Nicole Bondurant, Mae Nan Ellingson
Defendants
Montana Secretary of State Christi Jacobsen
Judge
Montana Supreme Court
Related coverage
Major legal filings
11/22/22 – Notice of Appeal filed by appellants
Asks the Montana Supreme Court to take up the appeal
Lewis & Clark County District Court
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Board of Regents v. Montana (1-DV-21-0598)
Lawsuit challenging campus carry bill, refiled in district court. A ruling in favor of the university system is being appealed to the Montana Supreme Court. — 40 major legal filings, last on November 30.
Decided – appealed
Bill challenged: HB 102
Plaintiffs
Montana Board of Regents
Defendants
State of Montana, via Attorney General Austin Knudsen
Judge
Michael McMahon
Related coverage
Major legal filings
5/27/21 – Petition for Declaratory Relief filed by plaintiffs
Initial filing that initiate the lawsuit
5/27/21 – Brief in Support of Temporary Restraining Order filed by plaintiffs
Argues for temporarily keeping the constitutional carry on campuses law from taking effect while the court decides whether to to delay for the full period it take to resolve the lawsuit
5/27/21 – Temporary Restraining Order filed by the court
Temporarily blocks the law
6/4/21 – Brief in Opposition to Preliminary Injunction filed by defendant
Argues against delaying the law for the full duration of litigation
6/7/21 – Motion to Intervene filed by third-party David Diacon
Notice of a Montana citizen seeking to intervene in the case
6/7/21 – Petition of Intervenor filed by third-party David Diacon
Argument for allowing third-party citizen to intervene
6/7/21 – Brief in Support of Motion to Intervene filed by third-party David Diacon
More argument for allowing third-party citizen to intervene
6/7/21 – Brief in Opposition to Preliminary Injunction filed by defendant
Argues against extending the temporary restraining order to a preliminary injunction
6/7/21 – Reply Brief in Support of Preliminary Injunction filed by plaintiffs
6/7/21 – Order Converting Temporary Restraining Order to Preliminary Injunction filed by the court
Extends the order keeping the campus carry law from taking effect while litigation proceeds
6/8/21 – Motion to Intervene filed by third-party Montana Shooting Sports Association
6/8/21 – Brief in Support of Motion to Intervene filed by third-party Montana Shooting Sports Association
6/22/21 – Response to Motions to Intervene filed by defendant
Supports third-party efforts intervene in case
6/24/21 – Brief Opposing Motions to Intervene filed by plaintiffs
Opposes third-party efforts intervene in the case
6/30/21 – Supplemental Response to Motions to Intervene filed by defendant
7/2/21 – Reply Brief to Brief Opposing Motions to Intervene filed by third-party David Diacon
7/8/21 – Answer filed by defendants
Legal arguments defending the law
7/15/21 – Reply Brief Supporting Motion to Intervene filed by third-party Montana Shooting Sports Association
7/16/21 – Order Denying Intervention Motions filed by the court
Rules Diacon and the Montana Shooting Sports Association don’t need to be involved in the case as formal intervenors
8/20/21 – Motion for Rule 60 Relief filed by defendants
Asks the court to reconsider portions of its July 16 order
8/20/21 – Brief Supporting Motion for Rule 60 Relief filed by defendants
9/7/21 – Response to Rule 60 Motion filed by plaintiffs
9/13/21 – Summary Response to Petition for Writ of Supervisory Control filed by plaintiffs
Board of Regents’ response to the Montana Shooting Sports Association’s effort to appeal the district court’s denial of its effort to intervene in the case to the Montana Supreme Court in OP-21-0377.
9/13/21 – Summary Response to Petition for Writ of Supervisory Control filed by plaintiffs
Board of Regents’ response to the Montana Shooting Sports Association’s effort to appeal the district court’s denial of its effort to intervene in the case to the Montana Supreme Court in OP-21-0377.
9/15/21 – Motion for Summary Judgment filed by defendant
9/15/21 – Brief for Motion for Summary Judgment filed by defendant
9/21/21 – Motion for Leave for Daniels County to Participate as Amicus Curiae filed by third-party Daniels County
Requests permission for Daniels County to submit a ‘friend of the court’ brief
9/21/21 – Daniels County Amicus Curiae Brief filed by third-party Daniels County
9/22/21 – David Diacon Amicus Curiae Brief filed by third-party David Diacon
‘Friend of the court’ brief submitted by David Diacon
9/24/21 – Reply in Support of Motion for Rule 60 Relief filed by defendant
9/29/21 – Order Denying Petition for Writ of Supervisory Control filed by Montana Supreme Court
Denies effort to appeal over granting the Montana Shooting Sports Association intervenor status
9/29/21 – Order Denying Rule 60 Motion filed by the court
10/4/21 – Response Opposing Motion for Leave to File Amicus Curiae filed by plaintiffs
10/15/21 – Motion for Summary Judgment filed by plaintiffs
10/15/21 – Brief for Plaintiffs’ Motion for Summary Judgment filed by plaintiffs
10/29/21 – Reply Brief Supporting Defendant’s Motion for Summary Judgment filed by defendants
11/8/21 – Reply Brief Supporting Plaintiffs’ Motion for Summary Judgment filed by plaintiffs
11/8/21 – Order Letting Daniels County Participate as Amicus Curiae filed by the court
11/30/21 – Order for Summary Judgment filed by the court
Rules in favor of the Board of Regents, finding that provisions of HB 102 are unconstitutional as applied to the state higher ed system and permanently bars the law from being enforced on campuses.
11/30/21 – Notice of Appeal filed by defendants
Indicates Montana Attorney General Austin Knudsen is appealing the summary judgment order to the Montana Supreme Court in case DA-21-0605.
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Forward Montana v. Montana (1-DV-21-0611)
Challenges constitutionality of the legislative process that passed a campaign finance bill with significant provisions added at the last minute — 40 major legal filings, last on September 16.
Decided – parts of law overturned
Bill challenged: SB 319
Plaintiffs
Forward Montana, Lewis & Clark County Attorney Leo Gallagher, Montana Association of Criminal Defense Lawyers, Alexander Blewett III, Larrry Anderson, Maxon Davis, Gary Zadick
Defendants
State of Montana, via Governor Greg Gianforte
Judge
Mike Menahan
Related coverage
Major legal filings
6/1/21 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
6/4/21 – Application for Preliminary Injunction filed by plaintiffs
Asks judge to keep challenged law from taking effect while litigation proceeds
6/4/21 – Brief in Support of Application for Preliminary Injunction filed by plaintiffs
Arguments for preliminary injunction
6/14/21 – Recusal Notice filed by the court
Has Judge Kathy Seeley assume jurisdiction over the case as Judge Michael McMahon recuses himself.
6/14/21 – Substitution Motion filed by defendants
Requests a judge other than Seeley be assigned to the case
6/17/21 – Judge Menahan assumes case filed by the court
Swaps in Mike Menahan for Kathy Seeley as presiding judge
6/21/21 – Response to Motion for Preliminary Injunction filed by defendants
6/25/21 – Reply Brief in Support of Motion for Preliminary Injunction filed by plaintiffs
6/29/21 – Show Cause Hearing filed by the court
Oral arguments before judge, who says he’ll issue a preliminary injunction
7/1/21 – Preliminary Injunction Order filed by the court
Written judicial order preventing law from taking effect while litigation proceeds
8/4/21 – Motion to Dismiss filed by defendants
8/4/21 – Brief for Motion to Dismiss filed by defendants
8/18/21 – Brief Opposing Motion to Dismiss filed by plaintiffs
8/18/21 – Motion for Summary Judgment filed by plaintiffs
9/7/21 – Reply Brief Supporting Motion to Dismiss filed by defendants
9/7/21 – Motion to Stay Motion for Summary Judgment filed by defendants
Asks the court to hold off on ruling on summary judgment motion until after ruling on pending motion to dismiss
9/7/21 – Brief Supporting Motion to Stay Motion for Summary Judgment filed by defendants
9/7/21 – Affidavit of Patrick Risken filed by defendants
9/8/21 – Errata Motion filed by defendants
9/13/21 – Brief Opposing Motion to Stay Motion for Summary Judgment filed by plaintiffs
Argues the court can rule on motion to dismiss and make summary judgement at the same time
9/24/21 – Reply Brief Supporting Motion to Stay Motion for Summary Judgment filed by defendants
10/6/21 – Order Denying Motion to Dismiss filed by the court
10/29/21 – Motion for Protective Order filed by plaintiffs
Asks the court to stay 25 hours of depositions requested by state attorneys
10/29/21 – Brief for Motion for Protective Order filed by plaintiffs
11/10/21 – Order on Motion to Stay Discovery filed by the court
Orders a pause on discovery until the court rules on the motion for a protective order.
11/17/21 – State’s Answer to Amended Complaint filed by defendants
11/17/21 – Brief Opposing Motion for Protective Order filed by defendants
12/2/21 – Reply Brief Supporting Motion for Protective Order filed by plaintiffs
12/7/21 – Order Granting Motion for Protective Order filed by the court
12/22/21 – Response Opposing Motion for Summary Judgment filed by defendants
12/22/21 – Affidavit of Brent Mead for Opposition to Summary Judgment filed by defendants
Affidavit by defense attorney for purpose of entering exhibits into case record
1/3/22 – Reply Brief Supporting Motion for Summary Judgment filed by plaintiffs
1/3/22 – Affidavit of Amara Reese-Hansell filed by plaintiffs
Statement by Forward Montana program director supporting plaintiffs’ position
1/13/22 – Motion to Strike Affidavit of Amara Reese-Hansell filed by defendants
Argues affidavit of Amara Reese-Hansell injects new facts into evidence at an inappropriate time procedurally.
1/13/22 – Brief for Motion to Strike Affidavit filed by plaintiffs
1/22/22 – Brief Opposing Motion to Strike Affidavit filed by
1/24/22 – Reply Brief Supporting Motion to Strike Affidavit filed by defendants
1/25/22 – Minute Entry filed by the court
Indicates court granted the State’s motion to strike Reese-Hansell affidavit
2/3/22 – Order on Motion for Summary Judgment filed by the court
Rules in favor of plaintiffs, finding that the bill unconstitutionally included two provisions unrelated to its title and was amended during the legislative process to the extent that its original purpose was changed. The ruling strikes down restrictions on political activity on college campuses and a judicial recusal requirement.
9/16/22 – Order Denying Motion for Attorneys Fees filed by the court
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Winter et al. v. Montana (1-DV-21-0699)
Challenges bill providing governor direct appointment power to judicial vacancies — 14 major legal filings, last on September 1.
Dismissed
Bill challenged: SB 140
Plaintiffs
Thomas Winter, Barbara Bessette
Defendants
State of Montana, via Governor Greg Gianforte
Judge
Michael McMahon
Related coverage
Major legal filings
6/25/21 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
6/30/21 – Motion for Temporary Restraining Order filed by plaintiffs
Asks judge to keep governor from filling a judicial vacancy in accordance with the appointment law challenged by the lawsuit
6/30/21 – Brief Supporting Motion for Temporary Restraining Order filed by plaintiffs
6/30/21 – Response to Motion for Temporary Restraining Order filed by defendant
Argues restraining order request should be denied
7/1/21 – Reply Brief Supporting Motion for Temporary Restraining Order filed by plaintiffs
7/2/21 – Order filed by the court
Denies request for Temporary Restraining Order
7/9/21 – Notice of Filing Petition for Writ of Supervisory Control filed by plaintiffs
Indicates plaintiffs have asked the Montana Supreme Court to take over the case (see Winter et al. v. 1st Judicial District, OP-21-0334)
7/22/21 – Notice of Decision filed by plaintiffs
Indicates the Montana Supreme Court declined to take up the case
7/22/21 – Supreme Court Order filed by plaintiffs
Copy of Supreme Court Order
7/23/21 – Motion to Dismiss filed by defendants
7/23/21 – Brief for Motion to Dismiss filed by defendants
8/6/21 – Response Opposing Motion to Dismiss filed by plaintiffs
8/23/21 – Reply Brief Supporting Motion to Dismiss filed by defendants
9/1/21 – Dismissal Order filed by the court
Dismisses the case with prejudice, meaning it cannot be re-filed
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WildEarth Guardians et al. v. Montana FWP (1-DV-22-0896)
Challenges pro-wolf hunting bills — 5 major legal filings, last on January 27.
Pending
Plaintiffs
WildEarth Guardians, Project Coyote
Defendants
Montana Fish, Wildlife and Parks, Montana Fish and Wildlife Commission
Judge
Chris Abbott
Related coverage
Major legal filings
10/28/22 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
11/10/22 – Brief for Motion for Preliminary Injunction and Temporary Restraining Order filed by plaintiffs
11/15/22 – Temporary Restraining Order filed by the court
Temporarily reverts some hunting rules to 2020 regulations
11/29/22 – Order Denying Preliminary Injunction filed by the court
Dissolves the temporary restraining order and declines to issue a preliminary injunction, meaning the 2021 wolf laws and associated regulations will be in effect while litigation proceeds.
1/27/23 – Motion to Dismiss filed by defendants
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Randall et al. v. Montana (1-DV-22-0925)
Challenges bill that allows sex-based insurance pricing — 1 major legal filing, last on November 2.
Pending
Silver Bow County District Court
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McDonald et al. v. C. Jacobsen (2-DV-21-0120)
Challenges proposed voter referendum on electing Montana Supreme Court justices by district. — 15 major legal filings, last on May 5.
Decided - Referendum struck from ballot; Appealed
Bill challenged: HB 325
Plaintiffs
Sister Mary Jo McDonald, Lori Maloney, Fritz Daily, Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson and the League of Women Voters of Montana
Defendants
Montana Secretary of State Christi Jacobsen
Judge
Peter Ohman
Related coverage
Montana Free Press
3/22/22
Major legal filings
5/10/21 – Complaint filed by plaintiffs
Initial legal filing to initiate the lawsuit
7/16/21 – Motion for Substitution filed by defendants
Requests Kurt Kreuger be replaced with a different judge
7/19/21 – Objection to Substitution Motion filed by plaintiffs
7/23/21 – Reply in Support of Substitution Motion filed by defendants
7/30/21 – Order Denying Motion to Substitute Judge filed by the court
Denies motion to replace Judge Krueger on basis that substitution motion was filed too late
8/4/21 – Notice of Appeal filed by defendants
Indicates the Attorney General’s office has appealed the substitution order denial to the Montana Supreme Court. See case OP-21-0382.
11/15/21 – Assumption of Jurisdiction filed by the court
Indicates Judge Krueger has been replaced on the case with Judge John C. Brown.
12/1/21 – Remittitur filed by Montana Supreme Court
Indicates the lower court’s July 30 order has been reversed.
12/10/21 – Motion for Summary Judgment filed by defendants
12/10/21 – Brief for Motion for Summary Judgment filed by defendants
12/10/21 – Brief for Motion for Summary Judgment filed by defendants
12/15/21 – Reply Brief filed by plaintiffs
12/23/21 – Notice of Recusal filed by the court
Indicates Judge John C. Brown has recused himself from the case, being replaced by Judge Peter Ohman.
3/21/22 – Order on Summary Judgment filed by the court
Grants plaintiffs’ request to declare the planned referendum unconstitutional, striking it from the November ballot.
5/5/22 – Notice of Appeal filed by defendants
Indicate the state is appealing the matter to the Montana Supreme Court in DA-22-0229.
Cascade County District Court
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MFPE et al. v. Montana (8-DV-21-0500)
Suit by labor groups and disability rights advocates challenging law ending election-day voter registration. — 1 major legal filing, last on September 22.
Pending
Bill challenged: HB 176
Plaintiffs
Montana Federation of Public Employees (MFPE), Montana American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), Montana Association of Centers for Independent Living, Samantha Harrington, Adam Clinch, Paul Dougherty, Cullen Hinkle, Ashley Johnson, Greg Werber, Wyatt Murdoch, Theresa Froehlich Dutoit, Jasmine Taylor, Karen Cook
Defendants
State of Montana, Montana Secretary of State Christi Jacobsen
Judge
John Kutzman
Related coverage
Major legal filings
9/22/21 – Complaint filed by plaintiffs
Initial legal filing to initiate the lawsuit
Yellowstone County District Court
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Montana Democratic Party v. C. Jacobsen (13-DV-21-0451)
Challenges new laws ending same-day voter registration, establishing voter ID requirements and regulating mail ballot collection. Case was originally filed by the Montana Democratic Party but has been combined with similar cases filed by Western Native Voice et al. and Montana Youth Action et al. — 82 major legal filings, last on November 22.
Decided
Plaintiffs
Montana Democratic Party and Mitch Bohn; Montana Native Vote, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Northern Cheyenne Tribe; Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group
Defendants
Montana Secretary of State Christi Jacobsen
Judge
Michael G. Moses
Related coverage
Montana Free Press
9/21/22
Major legal filings
4/20/21 – Complaint filed by plaintiffs
Initial legal filing to initiate the lawsuit
5/14/21 – Amended Complaint filed by plaintiffs
Adds mail ballot collection law, HB 530, to list of bills challenged
6/2/21 – Motion to Dismiss Counts I, II and III filed by defendant
Pushes to dismiss some of plaintiffs’ specific legal arguments
6/24/21 – Motion to Consolidate filed by plaintiffs
Asks judge to consolidate 13-DV-21-0451, Western Native Voice et al. v. C. Jacobsen, into this case.
6/24/21 – Brief in Support of Motion to Consolidate filed by plaintiffs
6/28/21 – Brief in Opposition to Motion to Dismiss filed by plaintiffs
7/12/21 – Response to Motion for Consolidation filed by defendants
Resists consolidation effort while motion to dismiss is pending
7/26/21 – Reply Brief in Support of Motion to Consolidate filed by plaintiffs
7/26/21 – Reply Brief Supporting Motion to Dismiss filed by defendants
8/13/21 – Motion for Protective Order filed by defendants
Asks the court to stay plaintiffs’ discovery requests until it rules on the pending motion to dismiss
8/13/21 – Brief in Support of Motion for Protective Order filed by defendants
8/20/21 – Response Opposing Motion for Protective Order filed by plaintiffs
9/7/21 – Reply Brief in Support of Motion for Protective Order filed by defendants
11/9/21 – Motion for Consolidation filed by plaintiffs
Asks the court to merge 13-DV-21-1097, Montana Youth Action et al. v. C. Jacobsen, into this case.
11/9/21 – Brief for Motion for Consolidation filed by plaintiffs
11/10/21 – Order on Motion to Dismiss filed by the court
Denies the state’s motions to throw out the case.
11/24/21 – Answer filed by defendants
11/24/21 – Response Opposing Motion to Consolidate filed by defendants
11/29/21 – Reply Brief Supporting Motion to Consolidate filed by plaintiffs
12/10/21 – Order Granting Motion to Consolidate filed by the court
Merges case 13-DV-21-0560, filed by Western Native Voice et al., into this case.
12/13/21 – Order Granting Motion to Consolidate filed by the court
Merges case 13-DV-21-1097, filed by youth plaintiffs, into this case.
1/12/22 – Motion for Preliminary Injunction filed by Western Native Voice plaintiffs
Asks judge to nullify laws ending same-day voter registration and regulating mail ballot collection while the lawsuit proceeds.
1/12/22 – Brief for Motion for Preliminary Injunction filed by Western Native Voice plaintiffs
1/12/22 – Affidavits in Support of Motion for Preliminary Injunction filed by Western Native Voice plaintiffs
1/12/22 – Application for Preliminary Injunction filed by Youth plaintiffs
1/12/22 – Brief in Support of Application for Preliminary Injunction filed by Youth plaintiffs
1/12/22 – Declaration of Scott Lockwood filed by Youth plaintiffs
1/12/22 – Expert Report of Dr. Michael Herron filed by Youth plaintiffs
1/12/22 – Motion for Preliminary Injunction filed by MDP plaintiffs
1/12/22 – Memo in Support of Motion for Preliminary Injunction filed by MDP plaintiffs
1/12/22 – MDP Declarations in Support of Motion for Preliminary Injunction filed by MDP plaintiffs
1/14/22 – Corrected Brief in Support of Motion for Preliminary Injunction filed by Youth plaintiffs
1/14/22 – Declaration of Yael Bromberg filed by Youth plaintiffs
2/17/22 – Motion for Summary Judgment filed by defendants
2/17/22 – Brief Responding to Motion for Preliminary Injunction, Supporting Motion for Summary Judgment filed by defendants
2/17/22 – Statement of Undisputed Facts filed by defendants
2/17/22 – State’s Declarations filed by defendants
Declarations filed be experts, lawmakers, voters and election administrators in support of the state’s position defending the election regulations
3/2/22 – Reply Brief Supporting Motion for Preliminary Injunction filed by Western Native Voice plaintiffs
3/2/22 – Declaration of Alex Rate filed by Western Native Voice plaintiffs
Supporting materials for WNV reply
3/2/22 – Reply Brief Supporting Motion for Preliminary Injunction filed by MDP plaintiffs
3/2/22 – Declaration of Matthew Gordon filed by MDP plaintiffs
Supporting materials for MDP reply
3/2/22 – Reply Brief Supporting Motion for Preliminary Injunction filed by Youth plaintiffs
3/10/22 – Oral Arguments on Preliminary Injunction filed by the court
4/5/22 – Response to Statement of Undisputed Facts filed by plaintiffs
4/5/22 – Cross-Motion for Summary Judgment filed by Youth plaintiffs
4/5/22 – Brief on Summary Judgment Motions filed by Youth plaintiffs
4/6/22 – Order Granting Preliminary Injunction filed by the court
Temporarily nullifies the four challenged laws while litigation proceeds
4/6/22 – Response to Motion for Summary Judgment filed by plaintiffs
4/6/22 – Declarations of Matthew Gordon filed by plaintiffs
Supporting materials filed by plaintiffs’ attorney
4/8/22 – Motion to Suspend Preliminary Injunction Pending Appeal filed by defendants
4/8/22 – Brief for Motion to Suspend Preliminary Injunction Pending Appeal filed by defendants
4/8/22 – Declaration of Austin James filed by defendants
Supporting materials filed by state attorney
4/8/22 – Notice of Appeal filed by defendants
Indicates Preliminary Injunction ruling is being appealed to the Montana Supreme Court in case DA-22-0712.
4/14/22 – Brief Opposing Motion to Suspend Preliminary Injunction filed by MDP plaintiffs
4/14/22 – Declaration filed by MDP plaintiffs
Supporting evidence filing by MDP plaintiffs’ attorney
4/14/22 – Brief Opposing Motion to Suspend Preliminary Injunction filed by Western Native Voice plaintiffs
4/14/22 – Brief Opposing Motion to Suspend Preliminary Injunction filed by Youth plaintiffs
4/15/22 – Reply Brief Supporting Motion to Suspend Preliminary Injunction filed by Youth plaintiffs
4/21/22 – Order on Motion to Suspend Preliminary Injunction filed by the court
Clarifies that the April 6 order doesn’t apply to unchallenged portions of new laws, denies remainder of motion to put new laws back into effect for the 2022 election.
5/26/22 – Motion for Advisory Jury filed by defendants
5/26/22 – Brief for Motion for Advisory Jury filed by defendants
6/3/22 – Renewed Motion for Summary Judgment filed by Youth plaintiffs
6/3/22 – Brief for Renewed Motion for Summary Judgment filed by Youth plaintiffs
6/3/22 – Renewed Motion for Summary Judgment filed by Defendants
6/3/22 – Brief for Renewed Motion for Summary Judgment filed by
6/3/22 – Declaration of Dale Schowengerdt filed by Defendants
Supporting documentation for summary judgment motion
6/3/22 – Opposition to Motion for Advisory Jury filed by All plaintiff groups
6/10/22 – Motion for Protective Order filed by Defendants
Seeks to bar plaintiffs from having Secretary of State Christi Jacobsen sit for an in-person deposition
6/24/22 – Response to Renewed Motion for Summary Judgment filed by MDP, youth plaintiffs
6/24/22 – Joint Response to Statement of Undisputed Facts filed by All plaintiff groups
6/24/22 – Response to Renewed Motion for Summary Judgment filed by Western Native Voice plaintiffs
6/27/22 – Reply Brief Supporting Motion for Advisory Jury filed by Defendant
7/6/22 – Reply Brief Supporting Renewed Motion for Summary Judgment filed by Defandat
7/6/22 – Reply Brief Supporting Youth Plaintiffs’ Renewed Motion for Summary Judgment filed by Youth Plaintiffs
7/27/22 – Order on Motions for Summary Judgment filed by the Court
Declares one of the bills under challenge in the litigation, HB 506, unconstitutional.
7/28/22 – Order Denying Motion for Advisory Jury filed by the Court
8/2/22 – Final Pretrial Order filed by the Court
Court order framing issues to be addressed at trial
8/8/22 – Plaintiffs Trial Brief filed by Lays out plaintiffs’ position in advance of trial
8/8/22 – State Trial Brief filed by Defendants
Lays out state position in advance of trial
8/15/22 – Trial filed by the Court
Nine-day trial ran from Aug. 15 to Aug. 25.
9/30/22 – Order filed by the Court
Rules three laws are unconstitutional and blocks them from taking effect
11/22/22 – Notice of Appeal filed by defendants
Indicates the judge’s rulings in the case have been appealed to the Montana Supreme Court in case DA-22-0667.
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Western Native Voice et al. v. C. Jacobsen (13-DV-21-0560)
Challenges new laws ending same-day voter registration and regulating mail ballot collection — 12 major legal filings, last on December 10.
Merged
Plaintiffs
Western Native Voice, Montana Native Vote, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Northern Cheyenne Tribe
Defendants
Montana Secretary of State Christi Jacobsen
Judge
Donald Harris
Related coverage
Major legal filings
5/17/21 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
6/24/21 – Motion to Consolidate filed by plaintiffs
Asks judge to consolidate this case into 13-DV-21-0451, Montana Democratic Party v. C. Jacobsen.
6/24/21 – Brief in Support of Motion to Consolidate filed by plaintiffs
6/22/21 – Motion for Substitution of Judge filed by defendants
6/30/21 – Motion for Substitution of Judge filed by plaintiffs
Asks for the case to be reassigned away from Judge Ashley Harada
6/30/21 – Notice of Judge Substitution filed by the court
Reassigns case from Judge Ashley Harada to Judge Gregory Todd
7/12/21 – Response to Motion for Consolidation filed by defendants
Resists consolidation for the time being
7/22/21 – Motion for Substitution of Judge filed by defendants
Asks for the case to be reassigned away from Judge Gregory Todd
7/22/21 – Notice of Judge Substitution filed by the court
Reassigns case from Judge Gregory Todd to Judge Donald Harris
7/26/21 – Reply Brief Supporting Motion for Consolidation filed by plaintiffs
8/5/21 – Answer to Complaint filed by plaintiffs
12/10/21 – Order Granting Motion to Consolidate filed by the court
Merges this case with 13-DV-21-0451.
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A. Marquez v. Gianforte et al. (13-DV-21-0873)
Challenges law that requires transgender Montanans to obtain surgery before they can update the gender listed on their birth certificate — 35 major legal filings, last on January 25.
Pending — Law blocked
Bill challenged: SB 280
Plaintiffs
Amelia Marquez, John Doe
Defendants
Governor Greg Gianforte, Montana Department of Health and Human Services, DPHHS Director Adam Meier
Judge
Michael G. Moses
Related coverage
Montana Free Press
9/19/22
Major legal filings
7/16/21 – Complaint filed by plaintiffs
Initial legal filing to initiate the lawsuit
7/19/21 – Motion for Preliminary Injunction filed by plaintiffs
Asks judge to keep the law from taking effect while litigation proceeds
7/19/21 – Brief for Motion for Preliminary Injunction filed by plaintiffs
7/21/21 – Affidavit of Amelia Marquez filed by plaintiffs
Written testimony supporting the request for preliminary injunction
7/21/21 – Affidavit of John Doe filed by plaintiffs
Written testimony supporting the request for preliminary injunction
7/21/21 – Affidavit of Akilah Lane filed by plaintiffs
Written testimony for the preliminary injunction request from an ACLU Attorney, who used it to enter the World Professional Association for Transgender Health’s Standards of Care manual into evidence
7/30/21 – Motion for Protective Order filed by plaintiffs
Asks the court permission for unnamed plaintiff John Doe to continue participating in the lawsuit without disclosing his real name
7/30/21 – Brief Supporting Motion for Protective Order filed by plaintiffs
7/30/21 – Affidavit Supporting Protective Order Motion filed by plaintiffs
7/30/21 – Expert Declaration of Dr. Randi C. Ettner filed by plaintiffs
8/6/21 – Response to Motion for Protective Order filed by defendants
Indicates the Attorney General’s office isn’t opposed to allowing plaintiff Doe to use a pseudonym.
8/18/21 – Motion to Dismiss filed by defendants
8/18/21 – Brief Supporting Motion to Dismiss filed by defendants
Argues for dismissing the case and pushes back on the preliminary injunction request
8/19/21 – Stipulated Order for Protective Order filed by the court
Allows John Doe to continue using a pseudonym as the case continues and order parties to avoid disclosing his identity.
9/23/21 – Brief Opposing Motion to Dismiss filed by plaintiffs
9/23/21 – Reply Brief Supporting Motion for Preliminary Injunction filed by plaintiffs
10/28/21 – Reply Brief Supporting Motion to Dismiss filed by defendants
12/3/21 – Unopposed Motion for Leave to File Amended Complaint filed by plaintiffs
12/3/21 – Brief for Motion for Leave to File Amended Complaint filed by plaintiffs
12/3/21 – Order Granting Leave to File Amended Complaint filed by the court
12/3/21 – Amended Complaint filed by plaintiffs
1/28/22 – Motion to Dismiss Amended Complaint filed by defendants
1/28/22 – Brief for Motion to Dismiss Amended Complaint filed by defendants
1/28/22 – Declaration of Kathleen Smithgall filed by defendants
Includes transcript of a Dec. 22, 2021 hearing in the case.
2/11/22 – Brief Opposing Motion to Dismiss Amended Complaint filed by plaintiffs
3/4/22 – Reply Supporting Motion to Dismiss Amended Complaint filed by defendants
4/21/22 – Order filed by the court
Grants motion for preliminary injunction, putting law on hold while litigation proceeds
5/9/22 – Answer to Amended Complaint filed by defendants
6/7/22 – Motion Seeking Clarification of Preliminary Injunction filed by plaintiffs
Asks the court to compel the state health department to resume allowing changes to gender markers on birth certificates.
6/21/22 – Response to Motion to Clarify filed by defendants
7/5/22 – Reply Brief Supporting Motion to Clarify filed by plaintiffs
9/19/22 – Order filed by the Court
Written order compelling the health department to revert to a 2017 policy allowing changes to gender markers on birth certificates. Came following a verbal bench order at a Sept. 15 hearing on the Motion to Clarify.
9/23/22 – Notice of Appeal filed by defendants
Indicates the case is being appealed to the Montana Supreme Court in OP-22-0552.
1/10/23 – Supreme Court Order filed by Montana Supreme Court
Upholds part of the appeal.
1/25/23 – Motion to Enforce Preliminary Injunction filed by plaintiffs
Asks the court to take further action to enforce its April 2021 order.
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Planned Parenthood et al. v. Montana (13-DV-21-0999)
Challenges four laws that add restrictions on abortions in Montana — 39 major legal filings, last on August 29.
Pending — Laws blocked
Plaintiffs
Planned Parenthood of Montana and Joey Banks, M.D.
Defendants
State of Montana, via Attorney General Austin Knudsen
Judge
Michael Moses
Related coverage
Montana Free Press
9/29/21
Montana Free Press
8/16/21
Major legal filings
8/16/21 – Complaint filed by plaintiffs
Initial filing that initiates the lawsuit and asks the court to keep the laws from taking effect while the litigation proceeds
8/16/21 – Brief for Motion for Preliminary Injunction filed by plaintiffs
8/16/21 – Affidavit of Colleen McNicholas filed by plaintiffs
Sworn statement from a Missouri-based OB/GYN
8/16/21 – Affidavit of Joey Banks filed by plaintiffs
Sworn statement from Planned Parenthood of Montana’s laboratory director
8/16/21 – Affidavit of Martha Stahl filed by plaintiffs
Sworn statement from Planned Parenthood of Montana’s president and CEO.
8/19/21 – Disqualification Order filed by the court
Order from Judge Jessica Fehr deeming herself disqualified to preside over the case
8/23/21 – Substitution Notice filed by the court
Indicates Fehr has been replaced with Judge Donald Harris
8/30/21 – Motion to Substitute Judge filed by defendant
Requests a substitution for Judge Donald Harris
8/30/21 – Substitution Notice filed by defendant
Indicates Harris has been replaced with Judge Gregory Todd
9/7/21 – Brief Opposing Motion for Preliminary Injunction filed by defendant
9/7/21 – Declaration of Todd Koch filed by defendant
9/7/21 – Declaration of Todd Harwell filed by defendant
9/7/21 – Declaration of Robin Pierucci filed by defendant
9/7/21 – Declaration of Ingrid Skop filed by defendant
9/7/21 – Declaration of Patrick Risken filed by defendant
9/7/21 – Declaration of George Mulcaire-Jones filed by defendant
9/17/21 – Reply Motion for Preliminary Injunction filed by plaintiffs
9/17/21 – Declaration of Colleen McNicholas filed by defendant
9/17/21 – Declaration of Joey Banks filed by defendant
9/17/21 – Declaration of Steven Ralston filed by defendant
9/23/21 – Hearing Minutes filed by the court
Oral Arguments on whether the court should issue a preliminary injunction keeping the challenged laws from taking effect while litigation proceeds
9/28/21 – Rebuttal Declaration of George Mulcaire-Jones filed by defendants
9/28/21 – Rebuttal Declaration of Robin Pierucci filed by defendants
9/29/21 – Motion to Disqualify Judge filed by defendants
Asks the judge to declare himself disqualified in the case based on comments made during the Sept. 23 hearing. This motion triggered an emergency appeal by plaintiffs to the Montana Supreme Court, Planned Parenthood et al. v 13th Judicial District, or OP-21-0494.
9/29/21 – Brief for Motion to Disqualify Judge filed by defendants
9/30/21 – Order of Disqualification filed by the court
Notice that Judge Todd has declared himself disqualified to preside over the case.
9/30/21 – Notice of Judicial Substitution filed by the court
Indicates Judge Michael G. Moses will take over the case.
9/30/21 – Motion for Temporary Restraining Order filed by plaintiffs
9/30/21 – Brief for Motion for Temporary Restraining Order filed by plaintiffs
9/30/21 – Temporary Restraining Order filed by the court
Keeps laws from taking effect for 10 days to give the new judge time to review the arguments for and against a longer-term preliminary injunction.
10/7/21 – Order granting Preliminary Injunction filed by the court
Keeps laws from taking effect while litigation proceeds.
10/19/21 – Notice of Appeal to Supreme Court filed by defendants
Indicates the state is appealing the Oct. 7 preliminary injunction order to the Montana Supreme Court in case DA-21-0521.
10/19/21 – Motion to Stay Proceedings filed by defendants
10/19/21 – Brief for Motion to Stay Proceedings filed by defendants
10/22/21 – Opposition to Motion to Stay Proceedings filed by plaintiffs
11/8/21 – Reply Brief Supporting Motion to Stay filed by defendants
11/23/21 – Order Denying Motion to Stay filed by the court
12/14/21 – Answer filed by defendants
8/29/22 – Montana Supreme Court Ruling filed by the court
Indicates the Montana Supreme Court has denied defendants’ effort to appeal the Oct. 2021 preliminary injunction.
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Montana Youth Action et al. v. C. Jacobsen (13-DV-21-1097)
Challenges laws that end election-day voter registration, restrict ballot distribution to soon-to-be-eligible voters, and limit use of student IDs for voter registration — 11 major legal filings, last on December 13.
Merged
Plaintiffs
Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group
Defendants
Montana Secretary of State Christi Jacobsen
Judge
Gregory Todd
Related coverage
Major legal filings
9/9/21 – Complaint filed by plaintiffs
Initial filing that initiates the lawsuit
9/10/21 – Substitution Motion filed by plaintiffs
Requests presiding Judge Ashley Harada be replaced with another judge
9/10/21 – Notice of Substitution filed by the court
Indicates Harada has been replaced with Judge Donald Harris
9/30/21 – Substitution Motion filed by defendants
Requests presiding Judge Donald Harris be replaced with another judge
9/30/21 – Notice of Substitution filed by the court
Indicates Harris has been replaced with Judge Donald Harris
11/9/21 – Motion for Consolidation filed by plaintiffs
Asks the court to merge this case with 13-DV-21-0451, Montana Democratic Party v. C. Jacobsen.
11/9/21 – Brief for Motion for Consolidation filed by plaintiffs
11/12/21 – Answer filed by defendants
11/24/21 – Brief Opposing Motion to Consolidate filed by defendants
11/29/21 – Reply Brief Supporting Motion to Consolidate filed by plaintiffs
12/13/21 – Order Granting Consolidation filed by the court
Merges this case into 13-DC-21-0451
Gallatin County District Court
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S. Barrett et al. v. Montana (18-DV-21-0581)
Challenges campus carry law and others, refiled in district court — 20 major legal filings, last on October 17.
Decided – Appealed
Plaintiffs
Steve Barrett, Robert Knight, Montana Federation of Public Employees, Lawrence Pettit, Montana University System Faculty Association Representatives, Montana State University Faculty Senate, Joy Honea, Annjeanette Belcourt, Franke Wilmer, Montana Public Interest Research Group, Ashley Phelan, Joseph Knappenberger, Nicole Bondurant, Mae Nan Ellingson
Defendants
State of Montana, Governor Greg Gianforte, Attorney General Austin Knudsen
Judge
Rienne McElyea
Related coverage
Major legal filings
6/3/21 – Complaint filed by plaintiffs
Initiates the case
7/16/21 – Motion to Dismiss filed by defendants
7/16/21 – Brief for Motion to Dismiss filed by defendants
8/23/21 – Brief Opposing Motion to Dismiss filed by plaintiffs
9/30/21 – Reply Brief Supporting Motion to Dismiss filed by defendants
12/1/21 – Notice of Supplemental Authority filed by plaintiffs
Points to ruling in favor of Board of Regents in 1-DV-21-598, saying it bolsters plaintiffs’ case in this litigation.
1/14/22 – Proposed Order filed by defendants
3/4/22 – Order Denying Motion to Dismiss filed by the court
3/21/22 – Answer filed by defendants
5/27/22 – Motion for Summary Judgment filed by plaintiffs
5/27/22 – Brief for Motion for Summary Judgment filed by plaintiffs
7/1/22 – Cross-Motion for Summary Judgment filed by defendants
7/1/22 – Brief for Cross-Motion for Summary Judgment filed by defendants
7/1/22 – Declaration of Kathleen Smithgall filed by defendants
7/19/22 – Reply Brief Supporting Motion for Summary Judgment filed by plaintiffs
8/1/22 – Reply To Cross-Motion for Summary Judgment filed by plaintiffs
8/1/22 – Reply To Cross-Motion for Summary Judgment filed by plaintiffs
8/22/22 – Reply Brief Supporting State Motion for Summary Judgment filed by defendants
9/14/22 – Order filed by the Court
Rules that portions of HB 349, HB 519, HB 112 and SB 319 pertaining to higher education are unconstitutional.
10/17/22 – Notice of Appeal filed by defendants
Indicates the case has been appealed to the Montana Supreme Court in DA-22-0586.
Richland County District Court
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Netzer Law Office v. Montana (7-DV-21-0089)
Challenges law preventing businesses from mandating employee vaccination. — 19 major legal filings, last on March 3.
Pending
Bill challenged: HB 702
Plaintiffs
Netzer Law Office
Defendants
State of Montana, Attorney General Austin Knudsen, Department of Labor & Industry Commissioner Laurie Esau
Judge
Olivia Rieger
Related coverage
Major legal filings
6/3/21 – Complaint filed by plaintiffs
Initiates the case
10/26/21 – First Amended Complaint filed by
10/26/21 – Motion for Preliminary Injunction filed by
10/26/21 – Brief for Motion for Preliminary Injunction filed by
10/26/21 – Affidavit of Donald L. Netzer filed by
11/4/21 – Order Calling in Judge filed by the court
Indicates Judge Olivia Rieger has assumed jurisdiction over the case.
11/15/21 – Motion to Dismiss filed by defendants
11/15/21 – Brief for Motion to Dismiss and Opposing Motion for Preliminary Injunction filed by defendants
11/15/21 – Declaration of Jayanta Bhattacharya filed by defendants
Statement from medical professor supporting the state’s position on vaccine mandates
12/2/21 – Notice of Supplemental Authority filed by defendants
Cites federal court ruling that temporarily blocked enforcement of a federal vaccine mandate for Medicare and Medicaid healthcare providers.
12/2/21 – Reply Brief Supporting Motion for Preliminary Injunction filed by plaintiffs
12/2/21 – Motion for Summary Judgment filed by plaintiffs
12/2/21 – Supplemental Affidavit of Donald L. Netzer filed by plaintiffs
12/13/21 – Response to Notice of Supplemental Authority filed by plaintiffs
12/16/21 – Reply in Support of Motion to Dismiss filed by defendants
12/23/21 – Plaintiff’s proposed findings filed by plaintiffs
12/27/21 – State’s proposed findings filed by defendants
2/1/22 – Order Denying Preliminary Injunction filed by the court
3/3/22 – Notice of Appeal filed by plaintiffs
Indicates plaintiffs are appealing the preliminary injunction denial to the Montana Supreme Court in case DA-22-0109
U.S. District Court, District of Montana, Billings Division
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Portland General Electric Company et al. v. NorthWestern Energy et al. (1-21-cv-00047*)
Challenges two laws that aim to keep the Colstrip coal plant operational by changing how and where disputes between owners are handled. A federal magistrate judge struck down both laws in September 2022 on the basis that they violate federal law and parts of the Montana Constitution governing commerce, contracts and arbitration procedures. — 65 major legal filings, last on November 15.
Decided — laws struck down
Plaintiffs
Portland General Electric Company, Avista Corporation, PacifiCorp, Puget Sound Energy Inc.
Defendants
NorthWestern Corporation, Talen Montana LLC, Attorney General Austin Knudsen
Judge
Magistrate Judge Kathleen L. DeSoto, Judge Susan P. Watters
Related coverage
Major legal filings
5/4/21 – Complaint filed by plaintiffs
Initial filing challenging SB 265
5/19/21 – Amended Complaint filed by plaintiffs
Adds SB 266 challenge to the lawsuit
5/27/21 – Motion for Preliminary Injunction filed by plaintiffs
Asks judge to keep Attorney General Austin Knudsen from enforcing SB 266
5/27/21 – Brief Supporting Motion for Preliminary Injunction filed by plaintiffs
Detailed argument supporting preliminary injunction request
6/2/21 – Answer to Amended Complaint filed by NorthWestern
NorthWestern's formal response to the issues raised in the complaint
6/3/21 – Motion to Consolidate filed by plaintiffs
6/3/21 – Brief Supporting Motion to Consolidate filed by plaintiffs
Fuller legal arguments on motion
6/17/21 – Response to Motion to Consolidate Cases filed by NorthWestern
6/17/21 – Notice of Position on Preliminary Injunction filed by Attorney General Austin Knudsen
Says a temporary order barring SB 266 enforcement would have no immediate effect since Colstrip owners have an operating budget in place for 2021 and don’t plan to immediately close the plant.
6/17/21 – Answer to Amended Complaint filed by Talen Montana
Talen’s formal response to the issues raised in the complaint
6/17/21 – Response to Motion for Preliminary Injunction filed by Talen Montana
Arguments opposing request to prevent SB 266 enforcement
6/17/21 – Response to Motion for Preliminary Injunction filed by NorthWestern
Asks the judge to require Colstrip owners to enter arbitration proceedings
6/22/21 – Answer to Amended Complaint filed by Attorney General Austin Knudsen
Montana’s formal response to the complaint; asks for the case to be dismissed
7/1/21 – Reply Brief Supporting Motion to Consolidate filed by plaintiffs
7/1/21 – Reply Brief Supporting Motion for Preliminary Injunction filed by plaintiffs
8/6/21 – Motion Hearing filed by the court
Oral arguments over preliminary injunction motion, with no immediate ruling from judge
8/17/21 – Motion for Partial Summary Judgment filed by plaintiffs
8/17/21 – Brief for Motion for Partial Summary Judgment filed by plaintiffs
8/17/21 – Statement of Undisputed Facts filed by plaintiffs
9/7/21 – Brief Opposing Motion for Partial Summary Judgment filed by Talen Montana
9/7/21 – Rule 56(d) Declaration of Barry Barnett filed by Talen Montana
Request by an attorney representing Talen to delay summary judgment ruling so more discovery can be conducted
9/7/21 – Statement of Disputed Facts filed by Talen Montana
9/15/21 – Response to Statement of Undisputed Facts filed by NorthWestern Energy
9/28/21 – Reply Supporting Motion for Partial Summary Judgment filed by plaintiffs
10/13/21 – Order Granting Preliminary Injunction filed by the court
Bars Montana Attorney General Austin Knudsen from enforcing one of the challenged laws, SB 266, while litigation moves forward.
10/29/21 – Motion for Partial Summary Judgment filed by plaintiffs
10/29/21 – Brief for Motion for Partial Summary Judgment filed by plaintiffs
11/4/21 – Motion for Clarification of Preliminary Injunction filed by plaintiffs
11/4/21 – Brief for Motion for Clarification of Preliminary Injunction filed by plaintiffs
11/18/21 – Notice of Opposition to Motion for Clarification filed by Talen Montana
11/18/21 – Response to Motion for Clarification filed by Attorney General Austin Knudsen
11/19/21 – Motion to Stay filed by Attorney General Austin Knudsen
11/19/21 – Brief for Motion to Stay filed by Attorney General Austin Knudsen
11/19/21 – Declaration of Aislinn Brown filed by Attorney General Austin Knudsen
Supporting affidavit filed by state attorney
11/24/21 – Reply Brief Supporting Motion for Clarification filed by plaintiffs
12/3/21 – Motion to Compel Arbitration filed by NorthWestern Energy
12/3/21 – Brief Supporting Motion to Compel Arbitration filed by NorthWestern Energy
12/3/21 – Affidavit of J David Jackson filed by NorthWestern Energy
12/3/21 – Affidavit of John K. Tabaracci filed by NorthWestern Energy
12/3/21 – Response to Motion for Partial Summary Judgment filed by NorthWestern Energy
12/3/21 – Response to Statement of Undisputed Fact filed by NorthWestern Energy
12/3/21 – Response to Motion to Stay filed by NorthWestern Corporation
12/3/21 – Response to Motion to Stay filed by plaintiffs
12/3/21 – Appendix for Response to Motion to Stay filed by plaintiffs
12/3/21 – Response to Motion for Partial Summary Judgment and Partial Support of Motion to Stay filed by Talen Montana
12/10/21 – Reply Brief Supporting Motion to Stay filed by Attorney General Austin Knudsen
12/23/21 – Brief Opposing Motion to Compel Arbitration filed by plaintiffs Avista Corporation, Portland General Electric and PacifiCorp
12/23/21 – Brief Supporting Motion to Compel Arbitration filed by plaintiff Puget Sound Energy
12/23/21 – Brief Opposing Motion to Compel Arbitration filed by defendant Talen Montana
12/31/21 – Reply Supporting Motion for Partial Summary Judgment filed by plaintiffs
1/13/22 – Reply Supporting Motion to Compel Arbitration filed by defendant NorthWestern Energy
2/8/22 – Preliminary Pretrial Statement filed by defendant NorthWestern Energy
Summarizes NorthWestern’s position at this point in the litigation
2/8/22 – Preliminary Pretrial Statement filed by Attorney General Austin Knudsen
2/8/22 – Preliminary Pretrial Statement filed by defendant Talen Montana
Summarizes Talen’s position at this point in the litigation
2/8/22 – Preliminary Pretrial Statement filed by plaintiffs
Summarizes Pacific Northwest utilities’ positions at this point in the litigation
2/8/22 – Statement of Stipulated Facts filed by plaintiffs
Summarizes facts agreed-upon by all parties at this point in the case
4/1/22 – Amicus Brief filed by third-party City of Colstrip
4/15/22 – Response to Colstrip Amicus Brief filed by plaintiffs
4/15/22 – Declaration of Ronald J. Roberts filed by plaintiffs
4/15/22 – Declaration of Dallas Deluca filed by plaintiffs
5/10/22 – Notice of Suggestion of Bankruptcy filed by defendant Talen Montana
Indicates Talen Montana has filed for Chapter 11 bankruptcy, which puts an automatic stay on the case.
6/23/22 – Joint Status Report RE Talen Bankruptcy filed by all parties
9/9/22 – Status Report and Stipulations filed by utility parties
9/18/22 – Order filed by the Court
Strikes down the two laws challenged by the lawsuit.
11/15/22 – Final Judgment and Permanent Injunction filed by the Court
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U.S. District Court, District of Montana, Missoula Division
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Montana Medical Association et al. v. Knudsen et al. (9-21-cv-00108*)
Challenges law that outlaws discrimination based on vaccination status, requesting that it be invalidated in physician offices and hospitals. The court ruled in favor of plaintiffs in December 2022. — 64 major legal filings, last on December 9.
Decided
Bill challenged: HB 702
Plaintiffs
Montana Medical Association, Five Valleys Urology, Providence Health & Services MT, Western Montana Clinic, Pat Appleby, Mark Carpenter, Diana Jo Page, Wallace Page, Cheyenne Smith
Defendants
Montana Attorney General Austin Knudsen, Montana Commissioner of Labor & Industry Laurie Esau
Judge
Donald W. Molloy
Related coverage
Major legal filings
9/23/21 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
10/21/21 – Motion to Dismiss filed by defendants
Asks court to dismiss the lawsuit
10/21/21 – Brief for Motion to Dismiss filed by defendants
Supporting arguments for dismissal motion
10/29/21 – Motion to Intervene and Proposed Complaint filed by Montana Nurses Association
Seeks to add the nurses association to the case as an additional plaintiff and expand the scope of the lawsuit to “all healthcare settings.”
10/29/21 – Brief for Motion to Intervene filed by Montana Nurses Association
11/1/21 – Brief Opposing Motion to Dismiss filed by plaintiffs
11/1/21 – Amended Complaint filed by plaintiffs
11/2/21 – Order Denying Motion to Dismiss filed by the court
11/10/21 – Second Motion to Dismiss filed by defendants
11/10/21 – Brief for Second Motion to Dismiss filed by defendants
11/12/21 – Brief Opposing Motion to Intervene filed by defendants
11/17/21 – Brief Opposing Second Motion to Dismiss filed by plaintiffs
11/23/21 – Reply Brief Supporting Motion to Intervene filed by Montana Nurses Association
11/24/21 – Reply Brief Supporting Second Motion to Dismiss filed by defendants
11/30/21 – Order Granting Motion to Intervene filed by the court
Grants the Montana Nursing Association’s request to be added to the case.
11/30/21 – Notice of Supplemental Authority filed by defendants
Flags a ruling issued in another case where a federal judge halted a Biden Administration effort to enforce a vaccine mandate for Medicare and Medicaid healthcare providers.
1/5/22 – Motion to Dismiss Intervenor’s Complaint filed by defendants
1/5/22 – Brief for Motion to Dismiss Intervenor’s Complaint filed by defendants
1/14/22 – Intervenor’s Response to Motion to Dismiss filed by Montana Nurses Association
1/25/22 – Order on Motion to Dismiss filed by the Court
Dismisses some of the claims brought by plaintiffs but allows litigation to proceed on most of them.
2/3/22 – Amended Complaint filed by Montana Medical Association plaintiffs
2/3/22 – Amended Complaint filed by Montana Nurses Association plaintiffs
3/2/22 – Response Opposing Motion for Summary Judgment filed by defendants
3/2/22 – Hearing filed by the court
Oral arguments on pending motion for preliminary injunction. Judge promised a forthcoming written order.
3/18/22 – Order filed by the court
Grants a preliminary injunction blocking portions of the law while the lawsuit proceeds.
4/11/22 – Motion to Clarify Preliminary Injunction Order filed by defendants
4/11/22 – Brief for Motion to Clarify Preliminary Injunction Order filed by defendants
4/12/22 – Order Declaring Motion to Clarify Preliminary Injunction Order Moot filed by the Court
5/12/22 – Stipulated facts filed by all parties
5/12/22 – Pretrial statement filed by Montana Nurses Association plaintiffs
5/12/22 – Pretrial statement filed by Montana Medical Association plaintiffs
5/12/22 – Pretrial statement filed by defendants
5/19/22 – Supplemental pretrial statement filed by Montana Nurses Association plaintiffs
5/19/22 – Supplemental pretrial statement filed by Montana Medical Association plaintiffs
5/19/22 – Supplemental pretrial statement filed by defendants
8/26/22 – Motion for Summary Judgment filed by Montana Medical Association plaintiffs
8/26/22 – Brief for Motion for Summary Judgment filed by Montana Medical Association plaintiffs
8/26/22 – Joint Statement of Undisputed Facts filed by Montana Medical Association plaintiffs and Montana Nurses Association plaintiffs
8/26/22 – Motion for Summary Judgment filed by Montana Nurses Association plaintiffs
8/26/22 – Brief for Motion for Summary Judgment filed by Montana Nurses Association plaintiffs
8/26/22 – Statements Supporting Motion for Summary Judgment filed by Montana Medical Association plaintiffs
8/26/22 – Declaration of Mark Carpenter filed by Montana Medical Association plaintiffs
8/26/22 – Motion for Partial Summary Judgment filed by defendants
8/26/22 – Brief for Motion for Partial Summary Judgment filed by defendants
8/26/22 – Statement of Undisputed Facts filed by defendants
8/26/22 – Statements Supporting Motion for Partial Summary Judgment filed by defendants
8/31/22 – Motion in Limine filed by Montana Medical Association plaintiffs
Seeks to exclude defense testimony from defense experts Dr. Jayanta Bhattacharya and Dr. Ram Duriseti.
8/31/22 – Brief for Motion in Limine filed by Joint plaintiffs
9/2/22 – Motions in Limine filed by defendants
Several filings that seek to exclude or limit testimony from Dr. Lauren Wilson, Dr. Bonnie Stephens, Dr. David King, Dr. David Taylor, Dr. Gregory Holzman, Vicky Byrd and on certain topics.
9/2/22 – Statements Supporting Motions in Limine filed by defendants
9/14/22 – Response Opposing Plaintiffs’ Motion in Limine filed by defendants
9/16/22 – Response to Motion for Partial Summary Judgment filed by Montana Nurses Association plaintiffs
9/16/22 – Response to Motion for Partial Summary Judgment filed by Montana Medical Association plaintiffs
9/16/22 – Joint Statement of Disputed Facts filed by plaintiffs
9/16/22 – Response to Motions in Limine filed by Montana Medical Association plaintiffs
9/16/22 – Response to Motions in Limine filed by Montana Nurses Association plaintiffs
9/16/22 – Response to Motion for Summary Judgment filed by defendants
Response to Motion for Summary Judgment filed by Nurses Association plaintiffs
9/16/22 – Response to Motion for Summary Judgment filed by defendants
Response to Motion for Summary Judgment filed by Medical Association plaintiffs
9/16/22 – Statement of Disputed Facts filed by defendants
10/12/22 – Order Granting 8/31 Motion in Limine filed by the court
10/24/22 – Final Pretrial Order filed by the court
10/24/22 – Bench Trial filed by the court
Trial held in Missoula from Oct. 24 to Oct. 26
10/25/22 – Order on Motions In Limine filed by the court
12/9/22 – Findings of Fact and Conclusions of Law filed by the court
Rules in favor of plaintiffs, declaring the vaccine choice law unenforceable in healthcare settings.
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Montana Democratic Party et al. v. Jacobsen et al. (9-21-cv-00119*)
Challenged law that restricts on-campus voter registration and signature gathering. Dismissed by agreement from parties following a ruling in separate case Forward Montana v. Montana, 1-DV-21-0611, that permanently blocked the law. — 16 major legal filings, last on May 23.
Dismissed
Bill challenged: SB 319
Plaintiffs
Montana Democratic Party, Montanans for Tester, Macee Patritti
Defendants
Montana Secretary of State Christi Jacobsen, Montana Commissioner of Political Practices Jeff Mangen
Judge
Donald W. Molloy
Related coverage
Major legal filings
10/12/21 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
11/3/21 – Motion to Dismiss filed by defendants
11/3/21 – Brief for Motion to Dismiss filed by defendants
Argues the lawsuit should be thrown out because the defendants were served a version of the complaint that was unreadable due to poor printing quality.
11/3/21 – Affidavit of Angie McLaughlin filed by defendants
Filing by Secretary of State Administrative Officer that includes an image of the criticized summons documents as an exhibit.
11/3/21 – Affidavit of Jeff Mangan filed by defendants
Filing by Montana Commissioner of Political Practices that includes an image of the criticized summons documents as an exhibit.
11/3/21 – Affidavit of Rochell Standish filed by defendants
Filing by Montana Department of Justice paralegal that includes an image of the summons documents received by the Attorney General’s office.
11/10/21 – Order filed by the court
Orders plaintiffs to file an affidavit saying the complaint documents served on defendants were legible.
11/11/21 – Declaration of Peter Michael Meloy filed by plaintiffs
Affidavit by a plaintiffs’ attorney declaring the complaints served on defendants were “complete and entirely legible.”
11/19/21 – Answer filed by defendants
12/29/21 – Statement of Stipulated Facts filed by plaintiffs
12/29/21 – Preliminary Pretrial Statement filed by plaintiffs
12/29/21 – Preliminary Pretrial Statement filed by defendants
5/5/22 – Joint Motion to Stay filed by plaintiffs and defendants
Asks the court to pause the case while similar litigation proceeds in Forward Montana v. Montana
5/9/22 – Order Granting Motion to Stay filed by
5/20/22 – Joint Stipulation of Dismissal filed by plaintiffs and defendants
Asks the court to dismiss the case given resolution of Forward Montana v. Montana case
5/23/22 – Order to Dismiss filed by the court
*Link requires login
U.S. District Court, District of Montana, Great Falls Division
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Upper Missouri Waterkeeper v. EPA (4-22-cv-00032*)
Argued the U.S. Environmental Protection Agency has violated the Clean Water Act by failing to review a Montana law that loosened water quality regulations by replacing numeric water quality standards with narrative ones. Voluntarily dismissed by plaintiffs. — 2 major legal filings, last on May 25.
Dismissed
Bill challenged: SB 358
Plaintiffs
Upper Missouri Waterkeeper
Defendants
United States Environmental Protection Agency, EPA Administrator Michael Regan
Judge
Brian Morris
Major legal filings
3/24/22 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
5/25/22 – Notice of Dismissal filed by plaintiffs
Indicates plaintiffs are voluntarily dismissing the case without prejudice, meaning it can be re-filed at a later date.
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Glacier County Regional Port Authority v. Esau (4-22-cv-00081*)
Argues the Montana Human Rights Bureau, part of the state Department of Labor & Industry, has no authority to enforce the anti-vaccine discrimination provisions of HB702 on the Blackfeet Reservation, where a tribal ordinance required COVID-19 vaccination for in-person meeting attendance as of a Nov. 2021 meeting that produced a dispute. — 15 major legal filings, last on January 31.
Pending
Bill challenged: HB 702
Plaintiffs
Glacier County Regional Port Authority, Blackfeet Nation
Defendants
Montana Labor Commissioner Laurie Esau, Montana Human Rights Bureau
Judge
Brian Morris
Related coverage
Major legal filings
9/6/22 – Complaint filed by plaintiffs
Initial filing that kicks off the lawsuit
10/19/22 – Motion for Preliminary Injunction and Temporary Restraining Order filed by plaintiffs
10/19/22 – Brief for Motion for Preliminary Injunction filed by plaintiffs
10/20/22 – Motion to Dismiss filed by defendants
10/20/22 – Brief for Motion to Dismiss filed by defendants
10/20/22 – Response to Motion for Preliminary Injunction filed by defendants
11/2/22 – Motion to Intervene filed by Blackfeet Nation
Asks to add the tribal government as a plaintiff on the case
11/2/22 – Brief for Motion to Intervene filed by Blackfeet Nation
11/14/22 – Reply Supporting Motion for Preliminary Injunction filed by Glacier County port authority plaintiffs
11/14/22 – Reply Brief Supporting Motion to Dismiss filed by Montana Dept. Labor and Industry
11/15/22 – Order Granting Motion to Intervene filed by the Court
Allows the Blackfeet Nation to participate as a plaintiff in the case
11/15/22 – Intervenor Complaint filed by Blackfeet Nation plaintiff
12/21/22 – Amended Intervenor Complaint filed by Blackfeet Nation plaintiff
1/31/23 – Motion to Dismiss filed by Montana Dept. Labor and Industry
1/31/23 – Brief for Motion to Dismiss filed by Montana Dept. Labor and Industry
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Legislative subpoena powers
Cases related to the Republican investigation of alleged liberal bias in the Montana judiciary.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
U.S. Supreme Court
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Montana State Legislature et al. v. McLaughlin (21-859)
Appeal of Montana Supreme Court decision in dispute over scope of legislative subpoena power and the Legislature’s power to conduct oversight of the judiciary — 5 major legal filings, last on March 21.
Petition Denied
Plaintiffs
Montana State Legislature, Speaker of the House Wylie Galt, Senate President Mark Blasdel, Senate Judiciary Chairman Keith Regier
Defendants
Montana Supreme Court Administrator Beth McLaughlin
Judge
Montana Supreme Court
Related coverage
Montana Free Press
12/7/21
Major legal filings
12/6/21 – Petition for Writ of Certiorari filed by plaintiff
Asks the U.S. Supreme Court to take up a case after the Montana Supreme Court ruled against the plaintiffs
1/10/22 – Amicus Brief of Gov. Greg Gianforte filed by third-party Gov. Greg Gianforte
Endorses the Legislature’s request that the case be heard before the U.S. Supreme Court
2/9/22 – Brief Opposing Writ filed by defendant Beth McLaughlin
Argues the Supreme Court should not take up the case
3/2/22 – Reply filed by plaintiff
3/21/22 – Petition Denied filed by the court
Indicates the court has declined to take up the case.
*Link requires login
Montana Supreme Court
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B. McLaughlin v. Legislature (OP-21-0173)
Dispute over scope of legislative subpoena power and the Legislature’s power to conduct oversight of the judiciary — 23 major legal filings, last on December 7.
Decided – Appealed to U.S. Supreme Court
Plaintiffs
Montana Supreme Court Administrator Beth McLaughlin
Defendants
Montana Legislature and the Montana Department of Administration
Judge
Montana Supreme Court
Related coverage
Montana Free Press
12/7/21
Montana Free Press
6/23/21
Major legal filings
4/12/21 – Petition and Emergency Request to Quash Legislative Subpoena filed by plaintiff
4/14/21 – Motion to Dismiss filed by defendants
Asks court to throw out the case
4/15/21 – Emergency Motion to Quash Revised Legislative Subpoena filed by plaintiff
4/16/21 – Order Quashing Legislative Subpoena filed by the court
Temporarily quashes legislative subpoena while case proceeds
4/28/21 – Petitioner's Response to Motion to Dismiss filed by plaintiff
4/29/21 – Response filed by defendant Montana Dept. of Administration
4/30/21 – Response filed by defendant Montana Legislature
4/30/21 – Motion to Disqualify Justices filed by defendants
Argues Supreme Court justices have conflicts of interest and shouldn't preside over the case
5/5/21 – Recusal Notice for Justice Jim Rice filed by Chief Justice Mike McGrath
Replaces Rice with District Court Judge Donald L. Harris
5/10/21 – Petitioner's Response to Motion to Disqualify Justices filed by plaintiff
Argues justices can fairly hear the case
5/12/21 – Order Denying Disqualification Motion filed by the court
Denies motion seeking to remove Supreme Court justices from the case
5/19/21 – Correction to Opinion filed by the court
Corrected version of prior order
5/26/21 – Petition for Rehearing filed by defendants
Asks the Court to reconsider its disqualification denial
6/4/21 – Response to Petition for Rehearing filed by plaintiff
Argues against the reconsideration request
6/22/21 – Motion to Dismiss filed by defendants
Asks judge to dismiss case because the Legislature has withdrawn the disputed subpoenas
6/24/21 – Response to Motion to Dismiss filed by plaintiff
Resists motion to dismiss, asks for a court ruling that can guide future legislative subpoenas
6/29/21 – Order Denying Motion to Dismiss filed by the court
7/14/21 – Opinion filed by the court
Unanimous ruling that the Legislature exceeded the scope of its power by issuing a broad subpoena for judicial records
7/14/21 – Opinion Synopsis filed by the court
8/11/21 – Petition for Rehearing filed by defendants
Asks the Court to reconsider its ruling
9/1/21 – Response to Petition for Rehearing filed by plaintiffs
9/7/21 – Order Denying Petition for Rehearing filed by the court
12/7/21 – Petition for a Writ of Certiorari filed by defendants
Asks the U.S. Supreme Court to take up the case on appeal
Lewis & Clark County District Court
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Justice Rice v. Legislature (1-DV-21-0451)
Legislative subpoena challenge filed in district court by Montana Supreme Court Justice Jim Rice — 17 major legal filings, last on October 6.
Decided
Plaintiffs
Justice Jim Rice
Defendants
Montana State Legislature
Judge
Michael McMahon
Related coverage
Major legal filings
4/19/21 – Petition and Emergency Request to Quash Legislative Subpoena filed by plaintiff
Asks district court judge to quash legislative subpoena
4/19/21 – Recusal Notice filed by the court
Substitutes Judge Mike Menahan for Judge Michael McMahon
5/10/21 – Injunction Hearing filed by the court
Oral arguments about quashing legislative subpoena
5/18/21 – Preliminary Injunction Order filed by the court
Quashed legislative subpoena while case proceeds
6/23/21 – Motion to Dismiss filed by defendants
Asks for case to be dismissed since Legislature has withdrawn its subpoenas
7/1/21 – Response Opposing Motion to Dismiss filed by plaintiff
7/6/21 – Order Denying Motion to Dismiss filed by the court
7/21/21 – Motion to Dismiss filed by defendants
7/21/21 – Brief Supporting Motion to Dismiss filed by defendants
7/30/21 – Response Opposing Motion to Dismiss filed by plaintiffs
7/30/21 – Brief Supporting Petition for Declaratory Judgment filed by plaintiffs
8/12/21 – Reply in Support of Motion to Dismiss filed by defendants
8/23/21 – Dismissal Motion Order filed by the court
Denies the motion to dismiss
9/17/21 – Brief Opposing Petition for Declaratory Judgment filed by defendants
9/17/21 – Brief Opposing Petition for Declaratory Judgment filed by defendants
10/1/21 – Reply Brief Supporting Petition for Declaratory Judgment filed by plaintiffs
10/6/21 – Order on Declaratory Judgement filed by the court
Grant’s Rice’s request to invalidate past legislative subpoenas but declines to block future subpoenas
Public access
Cases involving public access to legislative proceedings.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
Montana Supreme Court
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Associated Press et al. v. Barry Usher (OP-21-0392)
Appeals decision in GOP caucus access case, 1-DV-21-0124. The Supreme Court upheld the lower court ruling that the gathering of lawmakers could be closed to the public. — 5 major legal filings, last on February 8.
Decided – Dismissal upheld
Plaintiffs
Associated Press, Billings Gazette, Bozeman Daily Chronicle, Helena Independent Record, Missoulian, Montana Standard, Montana Free Press, Ravalli Republic, Lee Enterprises, Hagadone Media Montana, Montana Broadcasters Association, Montana Newspaper Association
Defendants
House Judiciary Committee Chair Barry Usher
Judge
Montana Supreme Court
Major legal filings
8/8/21 – Notice of Appeal filed by plaintiffs
Signals that plaintiffs are appealing the case
10/18/21 – Appeal Brief filed by plaintiffs
Arguments justifying appeal
11/17/21 – Answer Brief filed by defendants
11/23/21 – Appellant Reply Brief filed by plaintiffs
2/8/22 – Order filed by the court
Upholds the lower court ruling in a 6-1 decision, with Justice Laurie McKinnon dissenting
Lewis & Clark County District Court
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Associated Press et al. v. Barry Usher (1-DV-21-0124)
Access lawsuit filed by group of media outlets after a MTFP reporter was denied entry to a House Judiciary Committee GOP caucus committee meeting. Judge Mike Menahan ruled in July that the gathering of lawmakers didn’t constitute a legal committee quorum and dismissed the case. — 11 major legal filings, last on July 8.
Decided – dismissed
Plaintiffs
Associated Press, Billings Gazette, Bozeman Daily Chronicle, Helena Independent Record, Missoulian, Montana Standard, Montana Free Press, Ravalli Republic, Lee Enterprises, Hagadone Media Montana, Montana Broadcasters Association, Montana Newspaper Association
Defendants
House Judiciary Committee Chair Barry Usher
Judge
Mike Menahan
Related coverage
Montana Free Press
2/12/21
Major legal filings
2/10/21 – Petition filed by plaintiffs
Initial filing that kicks off the case, asking the court to declare the meeting a violation of the Montana Constitution’s right-to-know clause.
2/10/21 – Declaration of Mara Silvers filed by plaintiffs
Sworn statement from MTFP reporter Mara Silvers describing the situation that triggered the lawsuit.
4/2/21 – Motion for Judgment on the Pleadings filed by plaintiffs
Asks the judge to rule on the case
4/2/21 – Brief in Support of Motion for Judgment on the Pleadings filed by plaintiffs
4/5/21 – Motion to Dismiss filed by defendant
Argues case should be dismissed
4/5/21 – Brief in Support of Motion to Dismiss filed by defendant
4/14/21 – Brief in Opposition to Motion to Dismiss filed by plaintiffs
4/19/21 – Response to Motion for Judgment filed by defendant
5/5/21 – Reply in Support of Motion to Dismiss filed by defendant
5/7/21 – Reply Brief in Support of Motion for Judgment filed by plaintiffs
7/8/21 – Order filed by the court
Judicial ruling that dismisses the case
Reach data reporter Eric Dietrich with questions, comments or bug reports for this project at edietrich@montanafreepress.org.