Brian Morris (judge)
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Brian Matthew Morris (born September 5, 1963) is an American attorney who serves as the chief United States district judge of the
United States District Court for the District of Montana The United States District Court for the District of Montana (in case citations, D. Mont.) is the United States District Court whose jurisdiction is the state of Montana (except the part of the state within Yellowstone National Park, which is und ...
. He is a former justice of the
Montana Supreme Court The Montana Supreme Court is the supreme court, highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court w ...
, having been elected in 2004. Morris successfully retained his position in the 2012 election. He is also a former fullback for the
Stanford Cardinal football The Stanford Cardinal football program represents Stanford University in college football at the NCAA Division I FBS level and is a member of the Atlantic Coast Conference. The program was previously in the Pac-12 Conference. The team is known as ...
team.


Early life and education

Born in
Butte, Montana Butte ( ) is a consolidated city-county and the county seat of Silver Bow County, Montana, United States. In 1977, the city and county governments consolidated to form the sole entity of Butte-Silver Bow. The city covers , and, according to the 2 ...
, to John and Joan Morris, Brian Morris graduated from Butte Central Catholic High School, where he was an All-State athlete who competed in
football Football is a family of team sports that involve, to varying degrees, kick (football), kicking a football (ball), ball to score a goal (sports), goal. Unqualified, football (word), the word ''football'' generally means the form of football t ...
, track, and
basketball Basketball is a team sport in which two teams, most commonly of five players each, opposing one another on a rectangular Basketball court, court, compete with the primary objective of #Shooting, shooting a basketball (ball), basketball (appro ...
. As a senior in the 1981–1982
academic year An academic year, or school year, is a period that schools, colleges and university, universities use to measure the duration of studies for a given educational level. Academic years are often divided into academic terms. Students attend classe ...
, he led the football team to the 1981 state championship game and set school records by
rushing Rushing means a sudden forward motion, or a surge or onslaught. Rushing may refer to: Tactics * Rush (gridiron football), advancing the ball by running on offense. On defense, charging the quarterback or kicker is a pass rush. * Human wave atta ...
1,640 yards and making 236 carries for 1,732 total yards. In track, he was the 1982 state champion in both intermediate and high
hurdles Hurdling is the act of jumping over an obstacle at a high speed or in a sprint. In the early 19th century, hurdlers ran at and jumped over each hurdle (sometimes known as 'burgles'), landing on both feet and checking their forward motion. Today ...
in the high school's first state championship in track. Earning a
scholarship A scholarship is a form of Student financial aid, financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, Multiculturalism, diversity and inclusion, athleti ...
to
Stanford University Leland Stanford Junior University, commonly referred to as Stanford University, is a Private university, private research university in Stanford, California, United States. It was founded in 1885 by railroad magnate Leland Stanford (the eighth ...
, Morris was a four-year
letterman Letterman may refer to: * Letterman (sports), a classification of high school or college athlete in the United States People * David Letterman (born 1947), American television talk show host ** ''Late Night with David Letterman'', talk show that ...
on the
Stanford Cardinal football The Stanford Cardinal football program represents Stanford University in college football at the NCAA Division I FBS level and is a member of the Atlantic Coast Conference. The program was previously in the Pac-12 Conference. The team is known as ...
team and was the team's
starting Start can refer to multiple topics: * Takeoff, the phase of flight where an aircraft transitions from moving along the ground to flying through the air * Starting lineup in sports * Starts use in sport race * Standing start, and rolling start, i ...
fullback in the 1986
Gator Bowl The Gator Bowl is an annual college football bowl game held in Jacksonville, Florida, usually contested on or around New Year's Day. It has been held continuously since 1946, making it the sixth oldest college bowl, as well as the first televise ...
. In the Gator Bowl, Morris made three carries for 12
rushing Rushing means a sudden forward motion, or a surge or onslaught. Rushing may refer to: Tactics * Rush (gridiron football), advancing the ball by running on offense. On defense, charging the quarterback or kicker is a pass rush. * Human wave atta ...
yards and made 3 receptions for 6 yards. In his junior and senior years, he was honorable mention all-
Pacific-10 Conference The Pac-12 Conference is a collegiate List of NCAA conferences, athletic conference in the Western United States. It participates at the National Collegiate Athletic Association (NCAA) NCAA Division I, Division I level for all sports, and its Co ...
and first team all-academic Pac-10. With 12 pass receptions against
UCLA The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California, United States. Its academic roots were established in 1881 as a normal school then known as the southern branch of the C ...
in 1985, Morris is one of the Cardinal's all-time single-game pass reception leaders. Morris earned his
Bachelor of Arts A Bachelor of Arts (abbreviated B.A., BA, A.B. or AB; from the Latin ', ', or ') is the holder of a bachelor's degree awarded for an undergraduate program in the liberal arts, or, in some cases, other disciplines. A Bachelor of Arts deg ...
in 1986 and his
Master of Arts A Master of Arts ( or ''Artium Magister''; abbreviated MA or AM) is the holder of a master's degree awarded by universities in many countries. The degree is usually contrasted with that of Master of Science. Those admitted to the degree have ...
in 1987. As one of only eight students in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
to earn the
NCAA The National Collegiate Athletic Association (NCAA) is a nonprofit organization that regulates College athletics in the United States, student athletics among about 1,100 schools in the United States, and Simon Fraser University, 1 in Canada. ...
Post-Graduate Postgraduate education, graduate education, or graduate school consists of academic or professional degrees, certificates, diplomas, or other qualifications usually pursued by post-secondary students who have earned an undergraduate (bachelor' ...
Scholarship, Morris earned his
Juris Doctor A Juris Doctor, Doctor of Jurisprudence, or Doctor of Law (JD) is a graduate-entry professional degree that primarily prepares individuals to practice law. In the United States and the Philippines, it is the only qualifying law degree. Other j ...
with distinction from
Stanford Law School Stanford Law School (SLS) is the Law school in the United States, law school of Stanford University, a Private university, private research university near Palo Alto, California. Established in 1893, Stanford Law had an acceptance rate of 6.28% i ...
in 1992.


Career

After completing law school, Morris was a
law clerk A law clerk, judicial clerk, or judicial assistant is a person, often a lawyer, who provides direct counsel and assistance to a lawyer or judge by Legal research, researching issues and drafting legal opinions for cases before the court. Judicial ...
to Judge John T. Noonan, Jr. of the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts for the following federal judicial districts: * Distric ...
and then to
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
Chief Justice
William Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. ...
. Morris is the only member of the Montana State Bar to have been a Supreme Court law clerk. In 1995, he joined the Iran – United States Claims Tribunal at the World Court,
The Hague The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
,
Netherlands , Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, to be a legal assistant. Returning to Montana, Morris was in private practice in
Bozeman Bozeman ( ) is a city in and the county seat of Gallatin County, Montana, United States. The 2020 United States census put Bozeman's population at 53,293, making it Montana's fourth-largest city. It is the principal city of the Bozeman, Montan ...
from 1995 until 1999. He went on to be a legal officer at the
United Nations Compensation Commission The United Nations Compensation Commission (UNCC) was created in 1991 as a subsidiary organ of the United Nations Security Council. Its mandate was to process claims and pay compensation for losses and damage suffered as a direct result of Iraq's 1 ...
in
Geneva Geneva ( , ; ) ; ; . is the List of cities in Switzerland, second-most populous city in Switzerland and the most populous in French-speaking Romandy. Situated in the southwest of the country, where the Rhône exits Lake Geneva, it is the ca ...
, Switzerland. Again returning to Montana in 2001, Morris was the Solicitor of the Department of Justice until Montana voters elected him to the
Montana Supreme Court The Montana Supreme Court is the supreme court, highest court of the state court system in the U.S. state of Montana. It is established and its powers defined by Article VII of the 1972 Montana Constitution. It is primarily an appellate court w ...
in November 2004.


Federal judicial service

On March 11, 2013, U.S. Senator
Max Baucus Maxwell Sieben Baucus ( Enke; born December 11, 1941) is an American politician who served as a United States senator from Montana from 1978 to 2014. A member of the Democratic Party, he was a U.S. senator for over 35 years, making him the long ...
announced that he would recommend President
Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. Ob ...
nominate Morris to fill the vacancy on the
United States District Court for the District of Montana The United States District Court for the District of Montana (in case citations, D. Mont.) is the United States District Court whose jurisdiction is the state of Montana (except the part of the state within Yellowstone National Park, which is und ...
. The vacancy, in Great Falls, was caused by Judge Sam E. Haddon assuming senior status. The recommendation was made after a number of candidates were considered by a nine-member Judicial Nominating Commission appointed by Senator Baucus and Senator
Jon Tester Raymond Jon Tester (born August 21, 1956) is an American politician and farmer who served from 2007 to 2025 as a United States Senate, United States senator from Montana and from 2005 to 2007 as president of the Montana Senate. A member of the ...
. On May 23, 2013, President Obama formally nominated Morris to the judgeship. His nomination was reported to the floor by the
United States Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally known as the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nom ...
on September 19, 2013.
Cloture Cloture (, ), closure or, informally, a guillotine, is a motion or process in parliamentary procedure aimed at bringing debate to a quick end. The cloture procedure originated in the French National Assembly, from which the name is taken. is ...
was invoked on December 12, 2013 by a 57–40 vote. He was confirmed later that day by a 75–20 vote. He received his judicial commission on December 17, 2013. At the time of Morris's appointment, Montana had two of the three active judge seats vacant. The inability to review cases created a significant backlog. Susan P. Watters was confirmed shortly after Morris for the Billings location. Montana rotates chief judge status between the three active judges; because of this, Morris became chief judge on March 19, 2020.


Notable rulings


State court

In 2009, Morris wrote the 6–1 decision in ''Kulstad v. Maniaci'', in which the Court ruled in favor of a woman's right to joint custody rights of two children adopted by her
same-sex partner A same-sex relationship is a romantic or sexual relationship between people of the same sex. ''Same-sex marriage'' refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries w ...
during their relationship. In 2010, he wrote the 4–1 decision in ''Wilson v. Montana'' that denying an
inmate A prisoner, also known as an inmate or detainee, is a person who is deprived of liberty against their will. This can be by confinement or captivity in a prison or physical restraint. The term usually applies to one serving a sentence in pr ...
the use of a
particular In metaphysics, particulars or individuals are usually contrasted with ''universals''. Universals concern features that can be exemplified by various different particulars. Particulars are often seen as concrete, spatiotemporal entities as opposed ...
mental illness A mental disorder, also referred to as a mental illness, a mental health condition, or a psychiatric disability, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. A mental disorder is ...
medication did not violate the criminal's rights.


Federal court

''Indigenous Environmental Network and North Coast River Alliance, and Northern Plains Resource Council vs. United States Department of State and TransCanada Keystone Pipeline and TransCanada Corporation'' In November 2018 Morris issued an order to stop the construction of the
Keystone XL Pipeline The Keystone Pipeline System is an oil pipeline system in Canada and the United States, commissioned in 2010, formerly owned by TC Energy. It is now owned by South Bow, following TC Energy's spin off of its liquids business into a separate publi ...
so that further research could be done on its environmental effects. An appeal of this order was dismissed as moot and the Order was vacated by the Ninth Circuit Court of Appeals with instructions to dismiss the district court actions. ''Bullock, et al. v. IRS'' In July 2019 Morris issued an order overturning a rule issued by the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the Federal government of the United States, United States federal government, which is responsible for collecting Taxation in the United States, U.S. federal taxes and administerin ...
that allowed 501(c)(4) "social-welfare" organizations to shield the identities of their political donors. Subsequently the IRS has ended the reporting requirements for non-501(c)(3) organizations.


Personal life

Morris and his wife, Cherche Prezeau, have three sons and one daughter.s


See also

*
List of law clerks of the Supreme Court of the United States (Chief Justice) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. The ...


References


External links

* * {{DEFAULTSORT:Morris, Brian Matthew 1963 births Living people American football fullbacks Judges of the United States District Court for the District of Montana Law clerks of the Supreme Court of the United States Montana lawyers Justices of the Montana Supreme Court Politicians from Butte, Montana Players of American football from Montana Stanford Cardinal football players Stanford Law School alumni United States district court judges appointed by Barack Obama