Montana Immigrant Justice Alliance v. Bullock

In 2012, Montana voters passed Legislative Referendum 121 (LR 121). The referendum denied certain state services to “illegal aliens.” Before the law went into effect, Montana Immigrant Justice Alliance (MIJA) filed a complaint seeking declaratory and injunctive relief from LR 121, arguing that the referendum violated certain constitutional rights and was preempted by federal law. The district court denied Plaintiffs’ request for a preliminary injunction as to the majority of LR 121 but enjoined the use of the definition of “illegal alien” so as to preclude the State from using an individual’s unlawful entry into the United States as a factor in determining that individual’s entitlement to state benefits. The district court subsequently concluded that LR 121 was preempted by federal law. The court then awarded MIJA attorney fees. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in concluding that MIJA has associational standing to challenge LR 121; (2) did not err in concluding that LR 121 is preempted by federal law; and (3) erred in awarding “supplemental relief” to MIJA in the form of attorney fees. View "Montana Immigrant Justice Alliance v. Bullock" on Justia Law