Shelby Distributors, LLC v. Montana Department of Revenue

¶45 The Court appears to premise its due process decision on two bases: (1) DOR’s decision to enforce the MABC was “neither mean-spirited nor deceitful”; and (2) the sanction imposed upon Shelby Distributors was not so “fundamentally unfair... that it violates Shelby Distributors’ due process rights.” Opinion, ¶ 25. The rationale, in other words, is that fining Shelby for past lawful conduct is not quite bad enough to merit reversal-a low bar by any measure. I dissent from this offhand approach for the reasons set forth in Justice Nelson’s dissent and those set forth below.

¶46 As we stated in…