10 Montana opinions name it 1 courts 1897–2024 3 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Loving v. United Statesgreen2 sentences2021The Supreme Court stated in Loving v. United States, 517 U.S. 748, 757 , 116 S. Ct. 1737, 1743 (1996), “it remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.” Former Chief Justice Warren Burger wrote in his concurring opinion in Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S. Ct. 2690, 2707 (1982), that “the essential purpose of the separation of powers is to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of cont 2021The Supreme Court stated in Loving v. United States, 517 U.S. 748, 757 , 116 S. Ct. 1737, 1743 (1996), “it remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.” Former Chief Justice Warren Burger wrote in his concurring opinion in Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S. Ct. 2690, 2707 (1982), that “the essential purpose of the separation of powers is to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of cont | 1 | 1 |
Nixon v. Fitzgeraldgreen2 sentences2021The Supreme Court stated in Loving v. United States, 517 U.S. 748, 757 , 116 S. Ct. 1737, 1743 (1996), “it remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.” Former Chief Justice Warren Burger wrote in his concurring opinion in Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S. Ct. 2690, 2707 (1982), that “the essential purpose of the separation of powers is to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of cont 2021The Supreme Court stated in Loving v. United States, 517 U.S. 748, 757 , 116 S. Ct. 1737, 1743 (1996), “it remains a basic principle of our constitutional scheme that one branch of the Government may not intrude upon the central prerogatives of another.” Former Chief Justice Warren Burger wrote in his concurring opinion in Nixon v. Fitzgerald, 457 U.S. 731, 760-61 , 102 S. Ct. 2690, 2707 (1982), that “the essential purpose of the separation of powers is to allow for independent functioning of each coequal branch of government within its assigned sphere of responsibility, free from risk of cont | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Winter v. Natural Resources Defense Council, Inc.
green
2 sentences2024Winter, 555 U.S. at 21-22 , 129 S. Ct. at 375 . ¶12 Unfortunately for this Court, the Legislature’s instruction to mirror Supreme Court case law is not as simple as merely applying the Winter factors.1 Winter arose amid a diverse landscape of approaches to equitable relief and did little to alleviate confusion in its application. 2024Winter, 555 U.S. at 21-22 , 129 S. Ct. at 375 . ¶12 Unfortunately for this Court, the Legislature’s instruction to mirror Supreme Court case law is not as simple as merely applying the Winter factors.1 Winter arose amid a diverse landscape of approaches to equitable relief and did little to alleviate confusion in its application. | 1 | 2024–2024 |
B. McLaughlin v. MT Legislature
green
2 sentences2022State Legislature, 2021 MT 120 , 404 Mont. 166 , 489 P.3d 482 , a case involving the Judicial Branch's Court Administrator. 2022State Legislature, 2021 MT 120 , 404 Mont. 166 , 489 P.3d 482 , a case involving the Judicial Branch's Court Administrator. | 1 | 2022–2022 |
State v. Schindler
neutral
2 sentences2008State v. Schindler, 268 Mont. 489 , 886 P.2d 978 (1994), neither we nor the Legislature may by rule, caselaw, or statute expand or withdraw the district courts’ constitutionally-conferred jurisdiction over appeals from inferior courts. 2008State v. Schindler, 268 Mont. 489 , 886 P.2d 978 (1994), neither we nor the Legislature may by rule, caselaw, or statute expand or withdraw the district courts’ constitutionally-conferred jurisdiction over appeals from inferior courts. | 1 | 2008–2008 |
Hansen v. City of Havre
green
1 sentence1994Hansen, 114 P.2d at 1059 . | 1 | 1994–1994 |
Cosgrove v. Industrial Indemnity Company
neutral
2 sentences1984Cosgrove v. Industrial Indemnity Company (1976), 170 Mont. 249, 254 , 552 P.2d 622, 624 . 1984Cosgrove v. Industrial Indemnity Company (1976), 170 Mont. 249, 254 , 552 P.2d 622, 624 . | 1 | 1984–1984 |
Harrison v. City of Missoula
green
2 sentences1969The record here on appeal is devoid of any affirmative showing that no valid reasons underlies the classification made by the legislature under the rule set down by this Court in State v. Safeway Stores, Inc., supra. The classification is reasonable, absent any showing otherwise, as we held in Harrison v. City of Missoula, 146 Mont. 420 , 407 P.2d 703 : “ ‘Not only may the legislature originally fix the limits of the corporation, but it may, unless specifically restrained in the Constitution, subsequently annex, or authorize the annexation of, contiguous or other territory and this without the 1969The record here on appeal is devoid of any affirmative showing that no valid reasons underlies the classification made by the legislature under the rule set down by this Court in State v. Safeway Stores, Inc., supra. The classification is reasonable, absent any showing otherwise, as we held in Harrison v. City of Missoula, 146 Mont. 420 , 407 P.2d 703 : “ ‘Not only may the legislature originally fix the limits of the corporation, but it may, unless specifically restrained in the Constitution, subsequently annex, or authorize the annexation of, contiguous or other territory and this without the | 1 | 1969–1969 |
State ex rel. Dunne v. Smith
green
2 sentences1926Dunne v. Smith, 53 Mont. 341 , 163 Pac. 784 .) It would be an anomaly if the legislature had provided an exception in the case of the city attorney. 1926Dunne v. Smith, 53 Mont. 341 , 163 Pac. 784 .) It would be an anomaly if the legislature had provided an exception in the case of the city attorney. | 1 | 1926–1926 |
Leggatt v. Prideaux
neutral
1 sentence1920In the ease of State v. Rechnitz, 20 Mont., at page 491, 52 Pac., at page 265, this court said: “We do not lose sight of the fact that the rule above discussed is not inflexible, and that many acts may become crimes by violation of statutes relating to certain subject matters, and that a statute may be so worded as to make an act criminal without regard to the question of the intent of the person doing such act.” In the case of Leggatt v. Prideaux, 16 Mont. 205 , 50 Am. | 1 | 1920–1920 |
State ex rel. Aachen & Munich Fire Insurance v. Rotwitt
neutral
1 sentence1897(State v. Rotwitt, 17 Montana, 41, 41 Pac. 1004 .) Yet if Section 2311 is displaced by Section 4604, which defines what shall be allowed for transporting insane as well as any other persons transported by order of court, Section 4604 must govern. | 1 | 1897–1897 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.