Justia Montana Supreme Court Opinion Summaries

A group of plaintiffs, including former members of the Montana Board of Regents, faculty organizations, student groups, and individual students, challenged the constitutionality of three bills passed by the Montana Legislature in 2021. The bills in question were HB 349, which regulated student organizations and speech on campus; HB 112, known as the "Save Women's Sports Act," which required sports teams to be designated as male, female, or coed based on biological sex; and § 2 of SB 319, which revised campaign finance laws and regulated the funding of certain student organizations. The plaintiffs argued that these bills infringed on the constitutional authority of the Board of Regents to supervise, coordinate, manage, and control the Montana University System.The District Court of the Eighteenth Judicial District, Gallatin County, granted the plaintiffs' motion for summary judgment, declaring HB 349, HB 112, and § 2 of SB 319 unconstitutional. The court also denied the plaintiffs' request for attorney fees. Both parties appealed this order.The Supreme Court of the State of Montana affirmed the District Court's decision. The court found that the plaintiffs had standing to bring their claims and that the challenged bills were unconstitutional. The court also upheld the District Court's denial of the plaintiffs' request for attorney fees, as the justices could not reach a majority opinion on this issue. View "Barrett v. State" on Justia Law

In the State of Montana, a group of parents and the non-profit organization Stand Up Montana sued several school districts in Missoula County over the implementation of mask mandates in schools during the COVID-19 pandemic. The plaintiffs argued that the mask mandates violated their substantive due process rights. The Fourth Judicial District Court granted summary judgment in favor of the school districts, finding the mask mandates did not violate the plaintiffs' substantive due process rights. The Supreme Court of the State of Montana affirmed the lower court's decision. The Supreme Court reiterated that the mask mandates did not implicate any fundamental rights under Article II of the Montana Constitution, and therefore, the rational basis test was the appropriate standard of review. Under the rational basis test, the court found that the mask mandates were rationally related to the legitimate government interest of stemming the spread of COVID-19, as the school districts had considered information and recommendations from reputable public and private health care providers and agencies, including the CDC, which all recommended universal masking. The court also affirmed the lower court's decision to grant a motion in limine to exclude testimony from the plaintiffs' hybrid witnesses, as the proffered testimony was not relevant to whether the mask policies were rationally related to stemming the spread of COVID-19. View "Stand Up Montana v. Msla Co. Schools" on Justia Law

The Supreme Court affirmed the orders entered by the Fourth and Eighteenth Judicial District Courts denying their requests for preliminary injunctions to enjoin the masking requirements of Defendants, school districts in Missoula and Gallatin Counties, that were adopted in response to the continuing COVID-19 pandemic, holding that the district courts did not err.Plaintiffs filed complaints and motions for preliminary injunctions shortly after Defendants' adoption of the masking policies for the 2021-2022 school year, seeking to enjoin the masking requirements based upon constitutional privacy, individual dignity, and parental rights. Both district courts denied the motions. The Supreme Court affirmed, holding that the district courts did not manifestly abuse their discretion by denying the preliminary injunctions. View "Stand Up Montana v. Missoula County Public Schools" on Justia Law

In this case arising from House Bill 102 (HB 102), the Supreme Court held that the Montana Board of Regents of Higher Education (Board) has the sole authority under the Montana Constitution to set policy regarding the possession of firearms on the Montana University System property.In 2021, the legislature enacted HB 102, which generally revised gun laws with respect to open and concealed carry of firearms. HB 102 also nullified a Board policy that limited the use of and access to firearms on campuses of the Montana University System (MUS). The district court concluded that HB 102 was unconstitutional as applied to the Board because it violated the Board's constitutional authority to regulate MUS campuses. The Supreme Court affirmed, holding (1) campus safety and security is an integral responsibility of the Board's constitutional authority; (2) the regulation of firearms on MUS campuses falls squarely within this authority; and (3) as applied to the Board, certain sections of HB 102 unconstitutionally infringe upon the Board's constitutionally-derived authority. View "Board of Regents of Higher Education v. State" on Justia Law

The Supreme Court affirmed the order of the district court affirming the Acting Roosevelt County Superintendent of School's grant of a territory transfer from Poplar Elementary School District No. 9 to Froid Elementary School District No. 65 pursuant to Mont. Code Ann. 20-6-105, holding that the Acting Superintendent did not abuse her discretion, and that Poplar's constitutional challenges failed.On appeal, Poplar argued that the Acting Superintendent's decision granting the territory transfer petition constituted an abuse of discretion and that section 20-6-105, the territory transfer statute, is unconstitutional both facially and as applied. The Supreme Court affirmed, holding (1) the district court correctly determined that the Acting Superintendent did not abuse her discretion in granting the petition to transfer the transfer territory; (2) the doctrines of res judicata and collateral estoppel barred Poplar's facial constitutional challenge; and (3) Poplar's as-applied challenge failed because a school district does not have a constitutional right to due process. View "Poplar Elementary School District No. 9 v. Froid Elementary School District No. 65" on Justia Law

The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint against Defendant, his student loan servicer, as expressly preempted by the Higher Education Act (HEA), 20 U.S.C. 1098g, holding that Plaintiff's state law claims were not expressly or implicitly preempted by the HEA.Plaintiff raised claims that Defendant violated the Consumer Protection Act, was negligent in its accounting of his payments, breached the implied covenant of good faith and fair dealing, and engaged in deceit, negligent misrepresentation, or constructive fraud. The district court dismissed the complaint, determining that the HEA expressly preempted Plaintiff's claims. The Supreme Court reversed, holding that Plaintiff's state law claims as pleaded were neither expressly preempted by 20 U.S.C. 1098g, nor were they preempted under conflict preemption, and thus the claims survived dismissal. View "Reavis v. Pennsylvania Higher Education Assistance Agency" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the district court reversing the Montana Commissioner of Political Practices' summary decision of complaint without informal contested case hearing against Montana Board of Regents of Higher Education member Martha Sheehy, holding that Sheehy did not violate the Montana Code of Ethics, that the Commissioner lacks enforcement authority over regents, and that regents are public employees subject to the Ethics Code.The Commissioner concluded that Regents are public employees subject to the Commissioner's Ethics Code enforcement authority and that Sheehy violated the Ethics Code by soliciting support for a ballot issue while suing public time, facilities, and equipment. The district court overruled the Commissioner's summary decision, concluding that the Ethics Code does not apply to regents, that the Commissioner lacked enforcement authority over regents, and that Sheehy's statements did not violate the Ethics Code. The Supreme Court reversed in part, holding (1) the Ethics Code applies to the Board of Regents of the Montana University System; (2) Sheehy did not violate the Ethics Code; and (3) the Commissioner does not have authority to enforce the Ethics Code against members of a state administrative board, like the Board of Regents. View "Sheehy v. Commissioner of Political Practices" on Justia Law

The Supreme Court affirmed in part and reversed in part the orders of the district court certifying three classes to proceed in a lawsuit against the University of Montana, holding that the district court abused its discretion in certifying Class 3 to pursue the claims.Current and former students of the University brought this lawsuit as a class action complaint alleging that the University breached its fiduciary duty to students by entering into a contract with Higher One, Inc. to process student loan refunds through non-competitive financial accounts and by providing students' personal information to Higher One. In two orders, the district court certified three classes to proceed in the lawsuit. The Supreme Court reversed in part, holding (1) the district court's certification of Class 3 under Mont. R. Civ. P. 23(b)(2) was an abuse of discretion; and (2) the district court abused its discretion in certifying Class 1 and Class 2 under Rule 23(b)(1) and (b)(2) but properly certified Class 1 and Class 2 under Rule 23(b)(3). View "Knudsen v. University of Montana" on Justia Law

The Supreme Court reversed the order of the district court granting Plaintiff's motion to release John Doe's educational records, holding that the district court erred in concluding that Doe had no expectation of privacy in his educational records.Plaintiff, a writer, sought the student education record of a student, John Doe, that the University Court concluded had committed sexual intercourse without consent and had sanctioned him to expulsion. After Doe appealed to the Commissioner of Higher Education, Doe remained in school and continued to participate in athletics. The Commissioner refused to permit inspection or release of Doe's education records, and Plaintiff initiated this court action to obtain the records. Upon remand, the trial court ordered Doe's records be disclosed. The Supreme Court reversed and denied Plaintiff's request to examine the documents, holding that the demand of Doe's enhanced student privacy interest in his records exceeded the merits of public disclosure. View "Krakauer v. State" on Justia Law

The Supreme Court reversed the district court’s order granting summary judgment in favor of Plaintiffs, holding that the Tax Credit Program, which provides a taxpayer a dollar-for-dollar tax credit based on the taxpayer’s donation to a Student Scholarship Organization (SSO), violates Mont. Const. art. X, 6.SSOs fund tuition scholarships for students who attend private schools meeting the definition of Qualified Education Provider (QEP). Pursuant to its authority to implement the Tax Credit Program, Mont. Code Ann. 15-30-3111, the Montana Department of Revenue implemented Admin. R. M. 42.4.802 (Rule 1), which excluded religiously-affiliated private schools from qualifying as QEPs. Plaintiffs, parents whose children attended a religious-affiliated private school, challenged Rule 1. The district court granted summary judgment for Plaintiffs. The Supreme Court affirmed, holding that the Tax Credit Program violates Article X, Section 6’s prohibition on aid to sectarian schools and that the Department exceeded the scope of its rulemaking authority when it enacted Rule 1. View "Espinoza v. Montana Department of Revenue" on Justia Law