· 4/26/2024
Cooperativa De Ahorro Y Credito Cidreña v. Soto Amaro, Tatiany J
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Accordingly, we hold that the opportunity to pursue employment, while not specifically enumerated as 17 a fundamental constitutional right under Article II, section 3 of Montana’s constitution is, notwithstanding, necessarily encompassed within it.” (emphasis added)
- inter alia citing Arneson v. Mont. Dep’t of Admin., 262 Mont. 269, 272, 864 P.2d 1245, 1247 (1993)
- “The most stringent standard, strict scrutiny, is imposed when the action complained of interferes with the exercise of a fundamental right or discriminates against a suspect class.” (citations omitted)
- “[W]e hold that the opportunity to pursue employment . . . is itself a fundamental right because it is a right without which other constitutionally guaranteed rights would have little meaning[.]” (cleaned up)
- Article II, Section 3, of the Montana Constitution “explicitly protects the right to pursue life’s basic necessities as an inalienable or fundamental right, which . . . includes the right to the opportunity to pursue employment as a necessary incident.
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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