MEA-MFT v. McCulloch
Annotate this CaseLR-123 was enacted by the Montana Legislature in 2011. It proposed a vote in the November 2012 general election on whether to provide a tax credit and potential tax refund, or outright State payment, to individuals in years in which there is a certain level of projected surplus revenue. Plaintiffs filed a complaint contending LR-123 was unconstitutional because it unlawfully delegated legislative powers. The constitutional issue in this case turned upon whether LR-123 impermissibly delegated legislative power to an employee (the legislative fiscal analyst) of one of the Legislature's committees. The district court found that LR-123 unconstitutionally delegated legislative power to the legislative fiscal analyst. The Supreme Court affirmed, holding that LR-123 was unconstitutional on its face and therefore may not appear on the ballot in November 2012.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.