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The Montana Supreme Court of discord
The Montana Supreme Court of discord

Yahoo

time9 hours ago

  • General
  • Yahoo

The Montana Supreme Court of discord

The Great Seal of the State of Montana in the Supreme Court (Photo by Eric Seidle/ For the Daily Montanan). The recent dust-up within the Montana Supreme Court has proven to be quite interesting – and somewhat disappointing. By a 4-3 majority, the court awarded attorney fees to the plaintiffs in Montana Environmental Information Center and Earthworks vs. Office of the Governor. This is certainly not an unheard-of occurrence; other cases have reached the same conclusion. In reaching this conclusion, the majority reversed the district court's denial of attorney fees. That's not unusual either. Here's what distinguishes this case in the eyes of the dissenting justices: The majority had the temerity to offer guidance in what has been a confusing and inconsistent area of the law. Here's the skinny: The plaintiffs asked the governor for copies of a wide range of documents. After about five months of dilly-dallying, the governor denied the request. The plaintiffs sued, relying on the right-to-know provision of the Montana constitution (Article II, Section 9). They won. When the plaintiffs filed to recover attorney fees for their litigation, district court denied the request. In the view of the district judge, the governor's Office 'did not act out of bad faith, indolence, or unreasonable delay.' This denial was at issue before the Supreme Court. In the 61 pages of ensuing verbiage, one nugget shines. It's a simple, single-sentence statute: 2-3-221. Costs to prevailing party in certain actions to enforce constitutional right to know. A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 9, of the Montana constitution may be awarded costs and reasonable attorney fees. In statutory interpretation, the word 'may' carries clear meaning: The district court has discretion to decide whether to award the costs and fees. In order to reverse that decision, the Supreme Court must determine that district court abused its discretion. At the onset of the majority opinion, Justice Laurie McKinnon wrote, 'When a party succeeds in litigation based on a right to know request, it has performed a public service in ensuring that Montana's government is appropriately transparent and accountable to the people.' This statement follows precedent in at least two other cases (Bozeman Daily Chronicle v. City of Bozeman Police Department (1993), Associated Press, et al. v. Montana Department of Revenue (2000)). So far, so good. On this basis, the majority took the next step: 'A presumption towards awarding fees when a plaintiff vindicates their constitutional right to know follows naturally in the context of the right.' This is what set the dissenters' teeth on edge. Justice Jim Rice's dissent said the majority 'abandons actual law and backfills the vacuum with its own creation made of whole cloth.' I don't see it. In fact, Justice James Jeremiah Shea pointed out that 'both this Court and the United States Supreme Court have long recognized, on a number of occasions, the necessity of creating frameworks to guide the discretion of lower courts in applying statutory awards of attorney fees.' Well, reasonable people can (and should) disagree. What puzzles me was Justice Rice's swerve into accusing the majority of bias against a Republican administration and partisan weaponizing of the law. Where did that come from? When Justice McKinnon took the unusual step of responding to Rice's 'highly inappropriate and unprofessional attack,' Chief Justice Cory Swanson weighed in. His self-proclaimed in-depth reading of Shea's dissent found 'nothing offensive or personal in his criticism.' I find that artificially ingenuous and doubly repugnant. McKinnon wrote a well reasoned majority opinion that furthers our understanding of the right to know. It deserves respect rather than ridicule. MEIC Earthworks right to know decision

Bald eagle
Bald eagle

National Geographic

time2 days ago

  • General
  • National Geographic

Bald eagle

Scientific Name: Haliaeetus leucocephalus Average Life Span In The Wild: 20 to 30 years Size: Body: 28 to 38 inches; Wingspan: 80 inches Size relative to a 6-ft human: The bald eagle is a large, powerful bird of prey that has been the national symbol of the United States since 1782. That year, it appeared with outspread wings on the country's Great Seal as a sign of strength. Bald eagles don't actually have bare heads. Their name comes from the old English word 'balde,' which means white—a nod to the snowy-white feathers that cover their heads and tails. Most of these majestic, dark brown-bodied creatures live in Alaska and Canada. But there are also eagles in the lower 48 states (except Hawaii) and Mexico. Bald eagles are famous in the U.S. However, they almost disappeared in the middle of the 20th century from decades of sport hunting and habitat destruction. DDT, a pesticide that became popular after World War II, also wreaked havoc on bald eagles. They ate contaminated fish, which weakened their eggshells so much, they would crack during incubation. In 1972, the U.S. banned DDT use and began intensive population management strategies. These conservation efforts helped them recover in the wild and led to their removal from the Endangered Species Act list in 2007. (Most U.S. eagles suffer from lead poisoning, study suggests.) Today the population estimate for bald eagles is about 316,700. The numbers continue to soar despite threats like illegal hunting and electrocution from power lines. A 2019 survey by the U.S. Fish and Wildlife Service found that the bald eagle population quadrupled since 2009. Bald eagle habitat and diet Bald eagles occasionally live in dry areas. However, most reside in woods by rivers, lakes, and other bodies of water. These areas tend to be rich with fish—their main food source. Their diets also include birds, turtles, and small mammals, such as squirrels and rabbits. To conserve energy, these opportunistic creatures sometimes eat dead animals. They also steal prey from birds and other animals, even though they are skilled hunters themselves. Bald eagles are raptors, like hawks and falcons, with special features that help these predatory birds chase their prey. Razor-like talons puncture and can carry prey up to half the eagle's body weight, roughly eight to 13 pounds. A large wingspan conserves energy by soaring. A dense coating of light-detecting cells on their retinas helps them spot prey from up to a mile away. (Winter is prime time for watching bald eagles—here's where to spot them.) Once an eagle has captured a meal, it uses the sharp edges of its curved beak to slice through flesh or scales. Bald eagle breeding and family life Most bald eagles reach sexual maturity at age four or five and breed in early spring. Breeding pairs bond by performing dance-like air displays. In one example, during the 'cartwheel courtship flight,' a pair flies high into the sky. They lock talons and spin downward, then break off just before hitting the ground. Those teamwork skills come in handy when it's time to build nests. These stick structures lined with grass and other materials can take several months to construct. Most couples choose the tops of tall trees for nesting sites, where there's enough support for these enormous structures. At about six feet wide and four feet deep, bald eagle nests are the largest of any bird in North America. Pairs living in treeless areas build nests on cliffs or, on rare occasions, the ground. (See photographs depicting the everyday lives of this national symbol.) Bald eagle couples mate for life and return to these sturdy homes each year to care for a new pair of baby eagles, called eaglets. Both parents play an active role in rearing. They deliver prey, place torn-up food into eaglet beaks, and fiercely guard little ones from predators, such as raccoons and ravens. Like golden eagles, baby bald eagles are completely brown. They don't develop the distinctive white markings of their parents until they reach five years of age. They begin to fly at about 10 to 12 weeks and permanently leave the nest a month later. Bald eagle behavior Untethered to a breeding site, young eagles tend to roam far from their nests in directions that appear random. Adult birds are more intentional, migrating only as far as necessary to find sustenance. When lakes and rivers freeze, for example, Northern bald eagles fly to the coast or south to open water. These territorial birds typically travel alone. However, during non-breeding times, such as in the winter, eagles often roost together in groups ranging from several to hundreds of birds. Scientists think they congregate to socialize or gain information about the location and availability of prey. To communicate, bald eagles emit a variety of whiny, high-pitched vocalizations that may sound surprising coming from such brawny bodies. 5 interesting facts about bald eagles Like other birds of prey, bald eagles exhibit 'reverse sexual size dimorphism,' which means that females are larger than males. —Audubon Center for Birds of Prey Bald eagles swim by moving their wings in a rowing motion that looks similar to the butterfly stroke. —NPR Bald eagles store excess food in a crop, a muscular pouch below their throat that looks like a bulge from the outside. —American Eagle Foundation In 1784, Benjamin Franklin wrote a letter to his daughter saying the bald eagle was a poor choice for the U.S. national symbol because of its thieving tendencies. —The Franklin Institute Female bald eagles lay one to three eggs. Both parents take turns incubating them, which takes about 35 days. —U.S. Fish & Wildlife Service How rare is it to see bald eagles?Thanks to conservation efforts, bald eagles were removed from the endangered species list in 2007. You can see them in wildlife refuges throughout North America and in the wild. In Alaska, bald eagles are almost a common sight. —U.S. Fish & Wildlife Service What is the penalty for killing a bald eagle? The Bald and Golden Eagle Protection Act, enacted in 1940, prohibits anyone from harming bald eagles in any way. Doing so risks a $100,000 fine ($200,000 for organizations) or imprisonment, or both. The act defines harm in many ways, including pursuing, capturing, and even disturbing their nests or nesting sites outside of breeding season. —U.S. Fish & Wildlife Service Can a bald eagle pick up a 25lb. dog? No, bald eagles cannot pick up a 25-pound dog. They can carry up to half their body weight, roughly eight to 13 pounds. —American Eagle Foundation This story originally published on September 23, 2019. It has been updated.

Minnesota Governor Tim Walz wishes 'Happy Pride Month', gets slammed by MAGA supporters
Minnesota Governor Tim Walz wishes 'Happy Pride Month', gets slammed by MAGA supporters

Mint

time4 days ago

  • Politics
  • Mint

Minnesota Governor Tim Walz wishes 'Happy Pride Month', gets slammed by MAGA supporters

Tim Walz, the reigning Governor of Minnesota, was slammed by social media users and Donald Trump's MAGA supporters for showing support towards Pride Month in the United States. The running mate of Democratic Party candidate Kamala Harris in the US Presidential polls 2024 had to face an onslaught of hate comments under his post captioned, 'No matter who you are or who you love, you are welcome here. Happy Pride Month, Minnesota!' In the post was his official proclamation of Pride Month, bearing the Great Seal of the State of Minnesota. The first segment of the proclamation reads, "In 2025, we commemorate the 56th anniversary of the Stonewall Riots, which began as a response to a police raid at the Stonewall Inn in New York, where lesbian, gay, bisexual, transgender, and queer people fought back during days of protest and demonstrations against police harassment and violence towards LGBTQ+ people; and..." "The Stonewall Riots and the broader LGBTQ liberation movement were shaped by the leadership and resistance of transgender and lesbian women of color, including Marsha P. Johnson, Sylvia Rivera, and Stormé Delarverie. Their courage laid the groundwork for generations of advocacy, visibility, and justice; and...", the proclamation continues. The last segment of Tim Walz' official proclamation spoke about the importance of the identity of the LGBTQ community and the resilience to keep fighting for justice and equality. "Each June, people in Minnesota and around the world observe Pride as a time to celebrate LGBTQ identity, community, and resilience and to continue the fight for justice, equity, and liberation. Pride honors the legacy of resistance and protest of the Stonewall Riots and affirms that the fight continues against discrimination, violence, and systemic barriers, and We affirm that LGBTQ+ people deserve respect, compassion, and a place to be their authentic selves, and we recommit to the safety and support of all our community members, and we celebrate diversity, equity, and inclusion throughout Minnesota," the proclamation read. Soon after the post, Walz had to bear the wrath of MAGA activists and supporters. A MAGA supporter wrote, 'Are you really this much of a predator?' Another social media user wrote, 'Would a conservative white man be welcomed?' Others began commenting about the "real" Pride Month. "This is the real 'Pride" Month, Tim," a comment read. One of the replies to this comment thread said, 'May is veterans month, but you don't know that because you don't actually care.' Another quippy comment on Walz' post reads,"Where's our straight month??"

Why would the US government ever refuse the US dollar?
Why would the US government ever refuse the US dollar?

The Hill

time5 days ago

  • Business
  • The Hill

Why would the US government ever refuse the US dollar?

In a moment of remarkable irony, Toby Stover vs. United States National Park Service may go down in history as the case that put America's legal tender on trial — at the hands of its own government. At its core, this lawsuit challenges the National Park Service's growing refusal to accept cash — U.S. dollars — at dozens of federally funded national parks. One such site is none other than the historic home of President Franklin D. Roosevelt in New York's Hyde Park. There, a woman offered to pay her entry fee in U.S. currency, clearly marked 'Legal Tender for All Debts, Public and Private.' Park officials refused. Reflect for a minute on that. The Park Service, a federal agency, is declining to accept money issued by the U.S. Treasury, backed by federal law. And in this instance, it happened at the home of FDR, the very president who, in 1935, ordered the inclusion of the Great Seal of the United States on every dollar bill to bolster confidence during the Great Depression. Today, the federal government refuses to accept those very same bills on the hallowed grounds of his historic residence. According to the plaintiff's May 12 filing in the Washington, D.C., Federal District Court, entrance fees to a national park are bound by the U.S. Treasury's legal tender statute, which states that 'United States coins and currency … are legal tender for all debts, public charges, taxes, and dues.' Refusing to accept cash for public entry fees appears to directly violate this statute. The question at hand is not whether the Park Service prefers digital payments — it is whether federal agencies can legally refuse the nation's own money. This isn't a glitch in the system. It's a symptom of a larger, and dangerous, trend. Scores of parks across the country have implemented or are transitioning to 'cashless' payment systems. This includes iconic places like Yosemite, Rocky Mountain, Mount Rainier and Lake Mead. Even our more local Great Falls National Park went cashless in January. As the U.S. National Park Service turns its back on cash, however, other federal institutions are moving in the opposite direction. According to the IRS's chief counsel, Taxpayer Assistance Centers are required to accept cash from taxpayers pursuant to federal law. And in the U.S. Congress, Rep. John Rose (R-Tenn.) recently reintroduced the Payment Choice Act, a bill with bipartisan support that would require retailers to accept cash for purchases of $500 or less in brick-and-mortar establishments. An increasing number of state and local jurisdictions are passing 'cashless bans' in the absence of a federal law, requiring retailers to accept cash to ensure access and inclusion for all consumers and to guarantee essential commercial continuity in times of disaster. So while these local governments affirm cash as a public right, the U.S. National Park Service is refusing the only form of payment that requires no permission, no technology and no third-party intermediary charging fees to facilitate a simple transaction and/or selling your data to other companies. That contradiction should trouble us all. In the Toby Stover case, the National Park Service argues that if visitors can pay digitally, refusing to do so is a 'self-inflicted' injury. This logic is deeply flawed. The right to engage in commercial transactions should not be contingent on smartphone access or digital literacy. Tendering cash is an exercise of one's basic right to permissionless transactions. There is also a practical vulnerability here. Digital systems depend on power and internet connectivity. What happens when the grid goes down following natural disasters, computer glitches or cyberattacks? At many parks, visitors could be turned away, not because they didn't want to pay but because they brought the one form of payment the U.S. government no longer respects — its own currency! Will history remember Toby Stover vs. U.S. National Park Service as the case that helped rescue the dollar's dignity, or as the beginning of its quiet demise? In a democracy built on laws and liberty, the answer matters. Jeff Thinnes is CEO of JTI, Inc., which supports the Payment Choice Coalition, a group of companies advocating for the right to use cash for reasons of resilience, national security, privacy, fairness, safety and freedom of choice.

Melania Quotes Historic U.S. Motto in Rare Statement After D.C. Shootings
Melania Quotes Historic U.S. Motto in Rare Statement After D.C. Shootings

Yahoo

time23-05-2025

  • Politics
  • Yahoo

Melania Quotes Historic U.S. Motto in Rare Statement After D.C. Shootings

First lady Melania Trump quoted a motto officially adopted by the U.S. Congress in 1782 in a statement following the deaths of two Israeli embassy workers in Washington, D.C. Embassy staffers Sarah Milgrim and Yaron Lischinsky were shot dead outside the Capital Jewish Museum, after attending an event on humanitarian aid efforts for Gaza. The shooting has rocked D.C., with President Donald Trump being among the first to react early Thursday. Melania followed suit Thursday afternoon, quoting the Latin phrase, 'E Pluribus Unum.' The phrase, Melania followed, translates to 'Out of many, one.' 'E Pluribus Unum' was a traditional motto of the United States before it was replaced by 'In God We Trust' in 1956. It was suggested by a committee on July 4, 1776, the day the Declaration of Independence was signed. The Latin motto is on the U.S dollar bill and features on the front of the Great Seal of United States. It was officially adopted along with the Great Seal by U.S. congress years later in 1782. Her message continued: 'At the core of the United States Constitution are the principles of tolerance, unity, and religious freedom. Today, I urge Americans to reflect on our identity and our collective future. We must remain steadfast in our commitment to upholding the dignity of every individual.' The first lady added, 'The tragic murders of Sarah Lynn Milgrim and Yaron Lischinsky in our nation's capital serve as a stark reminder of the need for moral clarity and firm action. Let us come together in both grief and determination to confront hatred and to uphold the ideals that define our nation. We Are One.' Elias Rodriguez, 31, faces two counts of first-degree murder after the shooting. He has also been charged with murder of foreign officials, causing the death of a person by using a firearm, and discharge of a firearm during a violent crime. Lischinsky, 30, and Milgrim, 26, had met in late 2023 at the embassy and were expected to get engaged in Israel in a matter of days, authorities said. Melania is famously camera shy and has spent less than two weeks at the White House since her husband's second inauguration. However, this week the first lady spoke at the White House Rose Garden to support the support the passage of the 'TAKE IT DOWN' bill, designed to combat revenge porn, including the use of AI-generated deep fakes. On Wednesday, Melania also addressed the Senate Spouses Luncheon at the National Gallery of Art to highlight her BE BEST platform, and reaffirmed her commitment to the Fostering the Future initiative, which aims to improve the lives of children.

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