A Friday afternoon surprise from the U.S. Supreme Court sets up a future court battle.
The application for stay presented to Justice Kennedy and by him referred to the Court is granted, and the Montana Supreme Court’s December 30, 2011, decision in case No. DA 11-0081, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the mandate of this Court.