On Tuesday, October 22, 2024, Gary Marbut, President of the Montana Shooting Sports Association, published an opinion piece on Ammoland discussing the candidacy of former federal magistrate judge Jeremiah Lynch for Chief Justice of the Montana Supreme Court. Marbut raised concerns about Lynch’s suitability for the position, particularly in light of his judicial record and perceived biases.
The opinion piece highlighted Lynch’s involvement in the Montana Firearms Freedom Act (MFFA), legislation enacted in 2009 that aimed to exempt firearms manufactured and retained within Montana from federal regulation. Lynch played a significant role in a federal lawsuit related to the MFFA, where he served as the presiding judge. The case, known as MSSA v. Holder, involved the Montana Shooting Sports Association and Marbut as plaintiffs, seeking to affirm the validity of the MFFA.
Marbut criticized Lynch’s judicial temperament, claiming that Lynch’s writings in the MSSA v. Holder case displayed a pro-government bias. He alleged that Lynch engaged in what he described as “legal gymnastics” to reach conclusions favoring federal authority. According to Marbut, Lynch dismissed key legal principles and selectively referenced other cases to support his outcomes, ultimately ruling that the MSSA and Marbut lacked standing to pursue the lawsuit.
Marbut emphasized that Lynch’s reasoning was so flawed that the Ninth Circuit Court, known for its liberal leanings, overturned Lynch’s decision regarding standing. He argued that Lynch’s tendency to align with federal power over states’ rights and individual liberties raises significant questions about his candidacy for a state judicial position.
In light of these concerns, Marbut announced that the Montana Shooting Sports Association has endorsed Cory Swanson for the Chief Justice role. Marbut expressed apprehension regarding the potential implications of Lynch’s election, asserting that it would undermine the rights of Montana citizens.
Source: Ammoland
