· 10/17/2023
State v. R. Thompson
Citations
- 413 Mont. 446
- 537 P.3d 461
- 2023 MT 194
Syllabus
Opinion - Published - Justice Shea - AFFIRMED
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Congress’ appointment procedure for military court judges “is in conformity with the Appointments Clause of the Constitu- tion”
- Holding that there is not an “exclusive criterion for distinguishing between principal and inferior officers”
- holding that the power to “assign” military judges is not the power to “appoint” them, because “Congress has consistently used the word `appoint' ” to vest appointment power for “military po- sitions”
- holding that “where a specific provision conflicts with a general one, the specific governs”
- holding that the power to “assign” military judges is not the power to “appoint” them, because “Congress has con- sistently used the word ‘appoint’ ” to vest appointment power for “military positions”
- explaining that the advice and consent language of article II of the United States Constitution (U.S. Const., art. II, § 2, cl. 2
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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