Posted on 05/15/2016 10:07:05 AM PDT by Rusty0604
HELENA, Mont. (AP) The Montana Supreme Court has barred state officials from reporting the immigration status of people seeking state services, striking down the last piece of a voter-approved law meant to deter people who are in the U.S. illegally from living and working in Montana.
The court's unanimous decision on Tuesday upholds a Helena judge's 2014 ruling in a lawsuit that the law denying unemployment benefits, university enrollment and other services to people who arrived in the country illegally was unconstitutional.
The Montana Legislature sent the anti-immigrant measure to the 2012 ballot, where it was approved by 80 percent of voters. The new law required state officials to check the immigration status of applicants for unemployment insurance benefits, crime victim services, professional or trade licenses, university enrollment and financial aid and services for the disabled, among other things.
... The law used the term "illegal aliens," which is not found in federal immigration laws and became the focal point of the lower and higher courts' rulings.
It defined "illegal alien" as a person who is not a U.S. citizen who unlawfully entered or unlawfully remained in the United States. In the lawsuit brought by the Montana Immigrant Justice Alliance, several plaintiffs said they arrived in the U.S. illegally but have since obtained permanent residence status.
They argued they would still be considered "illegal aliens" under the state law, even though the Department of Homeland Security considers them lawful immigrants.
The courts ruled the state was attempting to meddle in an area of federal jurisdiction using a term that is unconstitutional because it conflicts with the federal laws. The entire law is pre-empted by federal immigration laws, the Montana Supreme Court opinion said.
(Excerpt) Read more at heraldcourier.com ...
All of the judges and attorneys go to the same schools, and learn from the same commies.
This Montana court ruling is simply illustrating why Trump has won the nomination, and why he’s going to win the Presidency.
All 17 contenders had the very same opportunity to ride this wave, only Donald was brave enough to actually do it.
Thank you for the endorsement of Donald J Trump for President, Montana Supreme Court.
The court, if I read this correctly, made the correct legal ruling. The outcome is not good, but the justices followed the law they had to work with.
Just like in CA. to uphold marriage between man and woman overwhelming won by voters only to be overturned by the courts!!! OUR votes mean NOTHING the courts know what’s bettef for us!!!!!
If we were a country of laws that still care about the system of checks and balances, supreme court justices who reverse the will of the people with no justification based on the Constitution would be impeached. That’s the check provided by the Founding Fathers against a runaway judiciary. Unfortunately lawmakers are too afraid from a one-sided partisan press to say anything. Without fear of accountability, the “Justices” have no problem performing injustice.
So we should just all roll over and die then.
Judges have literally no fear.
I recall that some Iowa judges were removed after their gay marriage vote but impeachment and removal of judges needs to be a frequent action.
As an attorney I am curious as to how you reached that conclusion. Are there specific cases regarding preemption that you consider viable precedent? Is there a specific provision of the Montana constitution that you can invoke to support your conclusion?
I believe it was overreaching by the court and an incorrect ruling.
The job of Government is to look out its own citizens not the world unless in an act of charity and no helping illegals get benefits is not charity, this needs to stop.
The courts, like gov’t, business, politics, religion, education etc etc etc, have been stealth-infiltrated and infected by commies/socialists/marxists from the 60s onward. The only ‘insane’ things is how fast they did it, and how corrupted the American Electorate now is.
Thank you. I don’t understand why some people just roll over when it comes to unconstitutional laws and regulations or biased interpretations of laws by a judge.
Who appointed these bastards?
Everyone of them should be impeached
Each of those justices should have a couple dozen illegals squat in their mansions. Then we’d see how fast they call in law enforcement. Oh, wait, can’t have law “enforcement” anymore.
Equal parts corrupted (gibsmedat, Aztlan "rights"), and an equal part stupid (white liberal guilt, which has substitued for Judeo-Christian compassion and balance).
I dunno. Taking selfies is important work.
#Selfie by the Chainsmokers.
The myth is that the judiciary is non-partisan. They are every bit as political as any other branch of the government.
The people who elect or appoint judges should be held accountable for their decisions. They’re the ones who hired them.
Someone with a greater-that-room-temperature-IQ should have checked the wording of the Bill. They can fix this and put the measure on the next ballot.
Before any election I try to find out whatever I can about judges on the ballot. If I don’t know I leave it blank.
Montana black robed thugs: you voters can shut your mouths. We are your kings.
That's the one question I would ask Trump if I could, " will you support those who seek to impeach activist judges?"
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