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MIJA v. BULLOCK

No. DA 15-0213.

371 P.3d 430 (2016)

2016 MT 104

MONTANA IMMIGRANT JUSTICE ALLIANCE, MEA-MFT; and Alisha Blair, Plaintiffs and Appellees. v. Governor Steve BULLOCK, in his official capacity; Attorney General Timothy C. Fox, in his official capacity; Montana Board of Regents of Higher Education; Commissioner of Higher Education Clayton Christian; in his official capacity; and the State of Montana, Defendants and Appellants.

Supreme Court of Montana.

Decided May 10, 2016.

Attorney(s) appearing for the Case

For Appellant: Timothy C. Fox , Montana Attorney General, Dale Schowengerdt , Solicitor General, Melissa Schlichting , Assistant Attorney General, Helena, Montana.

For Appellee: Brian Miller , Morrison, Sherwood, Wilson, and Deola, PLLP, Helena, Montana, Shahid Haque-Hausrath , Border Crossing Law Firm, P.C., Helena, Montana.

For Amicus ACLU of Montana Foundation: Mark L. Stermitz , Crowley Fleck PLLP, Missoula, Montana, James Park Taylor , ACLU of Montana Foundation, Missoula, Montana.

¶ 1 In November 2012 the voters of Montana passed Legislative Referendum 121 (LR 121) by a wide margin. The referendum, codified at § 1-1-411, MCA, served to deny certain state services to individuals defined by the law to be "illegal...

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