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Two tiers of justice at the Montana Supreme Court

by Sen. Greg Hertz
| February 29, 2024 12:00 AM

“Equal justice under law” is such a foundational principle in our constitutional republic that the phrase is carved in stone above the entrance to the United States Supreme Court building in Washington, D.C.

Unfortunately, here in Montana, it appears that justice is not applied equally. In fact, at the Montana Supreme Court, there are two tiers of justice. There, justice is applied differently depending on the politics of the people in the courtroom.

Two court cases, one cited as precedent in the other, illustrate this so vividly that two of Montana’s seven justices pointed it out to their five colleagues even as they instituted this two-tiered system.

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