Search
Filter Search
Norwood v. Frame
Held that defendant's sentence of life in prison pursuant to a recidivist statute did not violate constitutional proportionality principles
State v. Case
Ruled that a warrantless entry into the defendant's home was justified under the community caretaker doctrine and did not violate Montana's expanded privacy protections
Gilmore v. Gallego
Held that "release time" provisions contained in city employee union's memorandum-of-understanding were unconstitutional under the state's gift clause
Spillane v. Lamont
Held that a statute prospectively eliminating a religious exemption to a vaccination requirement as a condition of public and private school enrollment did not infringe on state constitutional right to a free public school education
Silver State Hope Fund v. Nevada Department of Health and Human Services
Lower court held that Nevada’s restrictions on Medicaid coverage for abortion violated the state’s equal rights amendment by discriminating on the basis of sex and that, at minimum, strict scrutiny review applies to sex-based classifications under the amendment. The state did not appeal the trial court’s ruling.
Doe v. Minnesota
Left in place a lower court order blocking abortion restrictions relating to mandated physician care, hospitalization, criminalization, parental notification, and informed consent for violating the state constitution
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
