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· 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).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.