The Montana State Legislature, et al. v. Beth McLaughlin

When emails surfaced showing numerous Montana judges engaged in unethical and prejudicial behavior, the Montana State Legislature began investigating and ultimately issued subpoenas to the Court Administrator and the Justices of the Montana Supreme Court. The Court Administrator sued in the Montana Supreme Court to quash the subpoenas. After a flurry of procedural irregularities, the Montana Supreme Court quashed the legislative subpoenas—including those issued to themselves. The Legislature moved to disqualify the Justices on due process grounds. The court denied that motion, and then issued a wide-ranging opinion clearing itself of any wrongdoing and eviscerating the Legislature’s investigative powers. The question presented is: Whether the refusal by the Justices of the Montana Supreme Court to recuse from a case in which they harbored direct, substantial, and admittedly disqualifying interests violates this Court’s rule under the Due Process Clause of the Fourteenth Amendment that no man may be a judge in his own cause.