S. Barrett v. G. Gianforte

05/26/2021 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: OP 21-0247 OP 21-0247 STEVE BARRETT; ROBERT KNIGHT; MONTANA FEDERATION OF PUBLIC EMPLOYEES;DR. LAWRENCE PETTIT; MONTANA UNIVERSITY SYSTEM FACULTY ASSOCIATION FILED REPRESENTATIVES; FACULTY SENATE OF MONTANA STATE UNIVERSITY; DR. JOY C. HONEA; MAY 26 2021 o DR. ANNJEANETTE BELCOURT;DR. FRANKE ,..,leaowefn Greenwooci WILMER; MONTANA PUBLIC INTEREST RESEARCH 4 Fne Supreme C011 M()Ot GROUP; ASHLEY PHELAN;JOSEPH KNAPPENBERGER; and NICOLE BONDURANT ORDER Petitioners, v. STATE OF MONTANA;and GREG GIANFORTE, Governor of the State of Montana, Respondent. Petitioners seek to invoke this Court's original jurisdiction pursuant to M. R. App. P. 14(4) to issue a declaratory judgment on the alleged unconstitutionality of Montana House Bills 349, 112, and 102 and Montana Senate Bill 319. The petition requests this Court accept original jurisdiction, enjoin any acts that might be taken in furtherance of HB 102, Section 6, pending full consideration by this Court, direct such briefing as the Court deerns suitable, and, after due consideration, deterrnine HBs 349, 112, and 102 and SB 319 to be unconstitutional. Having reviewed the Petition and its attached Appendix,this Court determines there is no need to order a sumrnary response and no "urgency or emergency factors exist making litigation in the trial courts and the normal appeal process inadequate." M. R. App. P. 14(4). While Petitioners join in the Board of Regents' request for a stay or enjoinment of any act in furtherance of HB 102, Section 6,1 pending resolution of the Bill's constitutionality, such may be obtained to rnaintain the status quo or on other appropriate basis through the District Court. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Petition for Original Jurisdiction Consideration is DISMISSED without prejudice. The Clerk is directed to provide copies of this Order to counsel for Petitioners and to all parties on whom the Petition has been served. DATED this 26th day of May, 2021. Chief Justice LA•m lite I The Montana Board of Regents has filed a companion case—OP 21-0146—contesting the constitutionality of HB 102, Section 6, which is among the Bills contested in this cause. HB 102, Section 6, goes into effect June 1, 2021. 2