Think about the positions advocated by Sir William Blackstone and Justice Oliver Wendell Holmes with respect to whether judges “discover law” or “make law.” How would you characterize the decision-making process followed by the Montana Supreme Court in reaching its conclusions in Dempsey?

Justice W. William Leaphart delivered the Opinion of the Court
In 1971 the United States Supreme Court announced Chevron Oil Co. v. Huson (1971), 404 U.S. 97.Chevron laid out a flexible three-factored test for whether a decision applies prospectively only. We adopted the Chevron test for questions of Montana law.and subsequently applied it several times.In the mean time; the United States Supreme Court revisited the question of prospective application several times and eventually overruled Chevron in Harper v. Virginia Dep’t of Taxation (1993)....