Article Summary –
The Montana Senate Republican leadership has established a select committee to address perceived judicial overreach following a series of court rulings against laws passed by the Republican majority. Senate President Jason Ellsworth said the committee’s objectives include crafting legislation to rein in Montana courts’ perceived abuse of power, reestablishing balance among the state’s three branches of government, creating more oversight of the judiciary, and improving court processes in constitutional cases. The move follows a Montana Supreme Court ruling that four Republican-backed voting laws violate the state constitution.
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April 4, 2024
Senate Republican leadership in Montana announced a select committee to address “judicial overreach” after a series of adverse court rulings on laws passed by the Republican majority. A press release from Senate President Jason Ellsworth, R-Hamilton, outlined committee objectives that include creating legislation to rein in perceived abuses of power by Montana courts.
The committee formation follows the Montana Supreme Court ruling that four Republican-backed voting laws violate the state Constitution. This decision halted Republican Secretary of State Christi Jacobsen’s attempt to reinstate these laws, including stricter voter ID requirements and the elimination of Election Day voter registration.
Members appointed to the committee include Sens. Barry Usher, Steve Fitzpatrick, Tom McGillvray, Steve Hinebauch, Wendy McKamey, Chris Friedel, Mark Noland and Daniel Emrich. However, Democrats stated they would not participate in the committee, criticizing it for already reaching its conclusions.
Historically friction exists between Republican legislators and the courts. This friction increased following the 2021 legislative session when Republicans controlled both the Legislature and the governor’s office. During this session, Republicans passed and Gov. Greg Gianforte signed a bill giving the governor the authority to fill vacant judicial positions.
Endorsement
Montana congressional candidate Elsie Arntzen received an endorsement from U.S. House Freedom Caucus Chair Bob Good. Arntzen is among nine Republicans seeking to replace retiring Matt Rosendale in Montana’s eastern U.S. House district.
Legal Updates
The legal back-and-forth between the sponsors of a constitutional abortion rights amendment, Attorney General Austin Knudsen and the Montana Supreme Court seemed to reach a decisive point on Monday. However, confusion ensued due to a footnote in the 15-page decision regarding a legislative interim committee review.
The Supreme Court ruled in favor of initiative sponsor Montanans Securing Reproductive Rights, instructing the secretary of state to provide a finalized sample petition by 1:00 p.m. on April 5, 2024.
On Background
GOP attempts to reshape the judiciary: Prior MTFP coverage on government branch tensions.
Montana Supreme Court declares 2021 voting laws unconstitutional: An in-depth look at the Supreme Court’s recent voting legislation decision.
Montana Supreme Court rewrites abortion ballot language; signature gathering moves closer: Our Monday breakdown of the court’s ruling on the abortion ballot statement.
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