Montana GOP seeks to control state judiciary

Article Summary –

The Republican leadership in the Montana Senate has formed a select committee to address “judicial overreach.” The committee’s objectives include creating legislation to limit perceived judicial overreach, restore balance among Montana’s three branches of government, and improving court processes on constitutional cases. The formation of the committee follows a series of adverse court rulings on laws passed by the Republican legislative majority, including a recent ruling by the Montana Supreme Court that invalidated four Republican-backed voting laws.


Montana Republican Senate Creates Committee to Address Judicial Overreach

Montana Republican Senate leadership has formed a select committee to tackle “judicial overreach”, spurred by a series of unfavorable court rulings related to legislation passed by the Republican majority. Senate President Jason Ellsworth announced that the committee would seek to control Montana courts’ perceived overuse of power, advocate for coequal power among Montana’s governmental branches, and push for more judicial oversight.

Ellsworth criticized recent rulings, asserting that they show “systemic overreach” and imbalance of power at both district and Supreme Court levels. This committee’s establishment comes after a landmark Montana Supreme Court ruling declared four Republican-endorsed voting laws unconstitutional, thwarting Secretary of State Christi Jacobsen’s efforts to reinstate them.

The ruling sparked debate among the justices about the legislature’s authority over state election laws. Despite some justices believing that the lawmakers acted within their constitutional rights, the majority maintained that the Montana Constitution provides more protections for voters, which the altered laws failed to uphold.

Other recent rulings have also been criticized by Republican leaders, including one that permitted the legislative override of a contentious gubernatorial veto, and another stating that plaintiffs challenging a 2021 election law were entitled to attorney fees.

Senate Republican leaders have compiled a list of potential policy changes, including legal revisions to judicial recusals, legislative rules, judicial discipline, Montana Bar Association, and more. A noteworthy point includes the possibility of cutting the judicial branch’s budget.

The committee’s first meeting has yet to be announced. On Tuesday, Ellsworth selected several Republican senators to serve on the committee, including Barry Usher, Steve Fitzpatrick, and Tom McGillvray.

Ellsworth also reached out to Senate Minority Leader Pat Flowers, for Democratic committee member suggestions. However, by Tuesday afternoon, Flowers announced that Democrats would not participate in the committee, accusing it of having reached its conclusions before convening.

House Minority Leader Kim Abbott referred to the Republican Senate’s move as a “temper tantrum”, blaming them and their “unconstitutional legislation” for the issue, rather than the courts.


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