An Important Second Circuit Ruling on Sanctuary Jurisdictions May Have Reached the Right Result, but En Route it Misread the Momentous Sebelius Supreme Court Ruling on Conditional Federal Funding to States

VIKRAM DAVID AMAR

Illinois Law dean and professor Vikram David Amar comments on a recent decision by the U.S. Court of Appeals for the Second Circuit regarding so-called “sanctuary” jurisdictions. Amar argues that while the Second Circuit may have arrived at the correct conclusion of law, it also misunderstood the Supreme Court’s decision in NFIB v. Sebelius, in which the Court struck down the “Medicare expansion” provision of the Affordable Care Act as unconstitutionally coercive. Amar points out that in Sebelius, the Court found the fact that the Medicare expansion provision of the ACA vitiated the terms of a preexisting deal was sufficient to hold that provision coercive.

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Houser v. City of Billings

Citation: 2020 MT 51

Opinion Date: March 3, 2020

Judge: Beth Baker

Areas of Law: Constitutional Law, Contracts

The Supreme Court affirmed the order of the district court certifying three classes of more than 30,000 ratepayers of the City of Billings who challenged certain franchise fees that the City imposed on water, wastewater, and solid waste disposal services, holding that the district court did not abuse its discretion when it certified the classes. After the City ceased imposing the franchise fees in 2018 the Ratepayers sued the City alleging that the fees constituted unlawful sales taxes. Ratepayers brought claims for breach of contract and constitutional due process violations. The Ratepayers sought class action certification for those similarly situated persons who paid the water and wastewater fees since 2010 and the sold waste disposal fees since 2012. The district court granted the motion and certified three classes. The Supreme Court affirmed, holding that the district court did not err when it certified the classes under Mont. R. Civ. P. 23(b)(3).

State v. Higgins

Citation: 2020 MT 52

Opinion Date: March 3, 2020

Judge: Gustafson

Areas of Law: Criminal Law

The Supreme Court affirmed the jury verdict and subsequent judgment and sentence issued by the district court convicting Defendant of misdemeanor criminal trespass and felony criminal mischief resulting from Defendant unlawfully entering a pipeline facility and damaging the pipeline's property, holding that the district court did not err in its rulings. Specifically, the Supreme Court held that the district court (1) did not err in denying Defendant's request to assert the common law defense of necessity or in refusing Defendant's necessity defense instructions because the common law defense of necessity was not available to Defendant under the circumstances of this case; (2) did not err in denying Defendant's motion for directed verdict as to the criminal mischief charge; and (3) did not err in ordering restitution in the amount of $3,755.47.

State v. Lund

Citation: 2020 MT 53

Opinion Date: March 3, 2020

Judge: Laurie McKinnon

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for driving under the influence of alcohol (DUI), fourth offense, a felony under Mont. Code Ann. 61-8-401, holding that the district court did not err in denying Defendant's motion to dismiss. On appeal, Defendant argued that his Montana conviction for felony DUI was erroneous because it was based on previous DUI convictions from Alaska in 2003, 2007, 2009 under an Alaska statute that was dissimilar to Montana's DUI statute. Therefore, Defendant argued that the three prior Alaska DUI convictions did not qualify as predicate offenses for felony enhancement under Mont. Code Ann. 61-8-731(1). The Supreme Court disagreed, holding that the district court properly determined that Defendant's prior convictions under Alaska's DUI statute required a "similar" standard of impairment to Montana's DUI statute, and therefore, Defendant's three prior Alaska DUI convictions qualified as predicate offenses for enhancement purposes under Montana's felony DUI statute.

Hoon v. Murphy

Citation: 2020 MT 50

Opinion Date: March 3, 2020

Judge: Laurie McKinnon

Areas of Law: Environmental Law, Real Estate & Property Law

The Supreme Court affirmed the order of the Water Court closing certification case, holding that the Water Court did not err in its rulings. Specifically, the Supreme Court held that the Water Court did not err (1) in its determination of the water rights claims that had historically used the Gibson-Reinig Ditch and the characteristics of those rights; (2) by creating a junior implied claim to account for the parties' historic use of the capacity of the Gibson-Reinig Ditch; (3) in its determination of the priority date for claim 97014-00; (4) by finding that the unauthorized water use by David and Teri Hoon and Betty and Gary Murphy was irrelevant to the proceedings; and (5) by separately decreeing the interest of Michael and Lisa Bay.