Opinion

Former federal magistrate judge Jeremiah Lynch is a candidate for Chief Justice of the Montana Supreme Court. Is he suitable for that job?

Set aside that electing a career federal official to an important state office doesn’t smell right. What do we actually know about Lynch’s judicial temperament and personal biases?

In 2009, the Montana Legislature passed, and the Governor signed the Montana Firearms Freedom Act (MFFA), which intended to exempt from federal regulation any firearms made and retained in Montana. This became a big deal when six other states passed it, and 22 other states introduced clones of it.

Judge Lynch became involved as the federal official supervising our federal lawsuit (MSSA v. Holder), which sought to validate the principles of the MFFA. Both the Montana Shooting Sports Association and I were plaintiffs in that lawsuit. After many legal briefs were submitted and oral arguments were held, Judge Lynch rendered his findings and recommendations in that lawsuit. In seeking insight about Lynch, I have just reread Judge Lynch’s conclusion in this lawsuit.

Judge Jeremiah Lynch’s writing simply reeks of pro-government bias. He engages in stunning legal gymnastics to get to the conclusion he so obviously intends.

He arbitrarily dismisses important but disagreeable (to him) legal principles and cases or simply declares them to be irrelevant. He cherry-picks comments from other legal decisions to support his intended goal. Although this 59-page document is written in a workmanlike legal manner, it is clearly laden with Judge Lynch’s personal bias. In this document, Lynch holds that MSSA and I have no standing to bring the lawsuit, dismissing the suit on those grounds.

That Lynch’s legal gymnastics in coming to this intended conclusion were so strained is demonstrated when even the ultra-liberal Ninth Circuit overruled him on the standing issue.

Lynch is clearly not suitable for Montana State office, notwithstanding the boatloads of money being spent by outside interests trying to get him elected. Lynch is obviously more agreeable with federal power than with states’ rights or individual rights. It would be a travesty if Lynch became the next Chief Justice of the Montana Supreme Court.

That’s one reason why the Montana Shooting Sports Association has endorsed Cory Swanson for this important post.

Oh, and DO NOT forget to vote and check to make sure your friends vote.

Best wishes,

Gary Marbut, President
Montana Shooting Sports Association
www.mtssa.org
Author, Gun Laws of Montana
www.mtpublish.com

Read Related: Montana Supreme Court 2024 Candidates: Why Your Choices Are Pretty Awful