Urgent Action by Montana AG needed to avoid summary reversal
The Supreme Court calendar shows that the Court will consider the Montana case this Thursday, June 14. If the Montana AG submits a conditional motion asserting state sovereign immunity today or tomorrow--at least a day before the Supreme Court considers the Montana case--he gives Montana's chances a huge boost. He can win the case outright for Montana if the Supreme Court agrees and refuses to hear the case. Or if the Supreme Court decides to consider the case it will have to consider the jurisdiction question before it decides on the merits. That will forestall summary reversal. There is no downside to filing a conditional motion for summary reversal. It would be a huge mistake not to do so.
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