How to Prevent Republican State Legislatures from Stealing the Election

AUSTIN SARAT, DANIEL B. EDELMAN

Amherst College Associate Provost Austin Sarat and attorney Daniel B. Edelman explain the important role of Democratic governors in preventing Republican state legislatures from stealing the election. Sarat and Edelman describe a “nightmare scenario” in which Republican legislatures may try to strip the electoral votes of Pennsylvania, Wisconsin, Michigan, Georgia, Arizona, and Nevada, leaving Biden with 232 electoral votes compared to Trump’s 306. The authors call upon the governors of those states to defend the integrity of their states’ election results, insist that there have been no “election failures,” and, if necessary, submit to Congress their own elector lists.

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Peters v. Hubbard

Citation: 2020 MT 282

Opinion Date: November 10, 2020

Judge: Gustafson

Areas of Law: Contracts, Real Estate & Property Law

In this case involving a grant of easement and easement agreement between Roger Peters and Carrie Peters and Douglas Hubbards and Nathan Hubbards the Supreme Court affirmed the judgment of the district court granting summary judgment in favor of the Peterses, holding that the district court did not err or abuse its discretion. The easement agreement in this case granted the Hubbards an easement to use a road crossing the Peterses' land. The Peterses later rescinded the agreement, but the Hubbards continued to use the road. The Peterses subsequently filed a declaratory judgment action seeking a declaration that the rescission was proper and that the Hubbards' rights under the agreement were terminated. The Hubbards filed a counterclaim asserting claims for a private prescriptive easement and a public prescriptive easement. The district court granted summary judgment for the Peterses on all issues. The Supreme Court affirmed, holding (1) the district court did not err in interpreting the language of the easement agreement; (2) the Hubbards did not establish either a private or public prescriptive easement across the Peterses' property covered in the easement agreement; and (3) the district court properly awarded attorney fees to the Peterses.

State v. Fillion

Citation: 2020 MT 283

Opinion Date: November 10, 2020

Judge: Laurie McKinnon

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for felony theft, felony altering an identification number, and misdemeanor violation of license plate requirement, holding that the district court did not err. Specifically, the Supreme Court held (1) the district court did not err in denying Defendant's motion to dismiss based on the state's alleged failure to preserve exculpatory evidence; (2) the district court did not err when it allowed an out-of-court statement offered for the limited purpose of explaining an officer's conduct; and (3) after correctly instructing the jury, the district court did not abuse its discretion in referring the jury to instructions already provided.

State v. Thomas

Citation: 2020 MT 281

Opinion Date: November 10, 2020

Judge: Laurie McKinnon

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for aggravated promotion of prostitution of B.M. and promoting prostitution of Z.T., holding that the district court did not abuse its discretion. On appeal, Defendant argued that the district court erred in granting the State's motion in limine prohibiting Defendant from eliciting any testimony concerning B.M. and/or Z.T.'s prior sexual conduct. The Supreme Court affirmed, holding that the district court did not abuse its discretion when it excluded evidence related to Z.T.'s prior involvement with prostitution under Mont. R. Evid. 401, 402, and 404(b).

Griz One Firefighting v. State Department of Labor & Industry

Citation: 2020 MT 285

Opinion Date: November 10, 2020

Judge: Beth Baker

Areas of Law: Government & Administrative Law, Labor & Employment Law

The Supreme Court affirmed the order of the district court denying Griz One Firefighting, LLC's petition for judicial review of a default order and determination by the Department of Labor and Industry Wage and Hour Division (DLI) and awarding Matthew Sean West $11,241 in back wages, penalties, costs, and attorney fees, holding that the district court did not err. Specifically, the Supreme Court held (1) the district court did not clearly err when it concluded that DLI notified Griz One of West's wage claim; (2) Griz One was not entitled to relief on its due process and jurisdictional arguments; (3) the district court was correct in concluding that Mont. R. Evid. 605 does not apply to a DLI compliance specialist; and (4) the district court's award of attorney fees and costs to West was reasonable and based on competent evidence. The Supreme Court remanded the matter to the district court for a determination of West's costs and fees on appeal.

Meine v. Hren Ranches, Inc.

Citation: 2020 MT 284

Opinion Date: November 10, 2020

Judge: Sandefur

Areas of Law: Real Estate & Property Law

The Supreme Court reversed the judgment of the district court interpreting and modifying a prior 2014 judgment that previously adjudicated that Plaintiffs had established various prescriptive easement rights over certain land before Defendants acquired it in the 1980s, holding that the court misinterpreted the 2014 judgment. Specifically, the Supreme Court held (1) the district court did not err when it concluded that Mont. R. Civ. P. 59-60 did not apply to Defendants' motions for subsequent interpretation and clarification of the 2014 judgment; (2) the district court erred when it construed the 2014 judgment as ambiguous on its face or in effect; and (3) the district court erroneously altered and amended the substance of the 2014 judgment inconsistent with its manifestly intended original meaning and effect.