Clarence Thomas Questions Attorney on Montana Supreme Court's Application of Case Law

Disagreement on Case Law Application

• 🎯 Justice Clarence Thomas questioned an attorney regarding the Montana Supreme Court's application of case law in the Case v Montana oral arguments.
• ❓ Thomas pointed out a perceived disagreement between the attorney and the petitioner concerning whether the correct legal standard was applied.

Standard of Review

• ⚖️ The attorney asserted that the Montana Supreme Court applied the Brigham City standard, which involves assessing the totality of circumstances to determine if officers had an objectively reasonable basis to believe someone needed immediate aid.
• 🗣️ The attorney stated that the Montana Supreme Court applied the words of Brigham City.

Remand Practice and Case Facts

• 📌 When uncertain about a standard, the court's normal practice is to send the case back if a new standard is stated.
• ✅ However, the attorney argued that the standard applied by the Montana Supreme Court was clear and that the facts of the case strongly satisfy any standard the court might lay down.
• ⚡ The attorney emphasized that the officer had an objectively reasonable basis for believing Mr. Case needed immediate aid.