In a significant development in Montana’s political sphere, the state Supreme Court denied a proposal to intervene in a legal battle between Republican legislators and the Republican attorney general. The dispute centers on a controversial attorney general opinion that could have blocked two Republican candidates from the upcoming general election. Lewis and Clark County District Judge Christopher Abbott had previously halted the opinion on Wednesday morning, prompting an immediate appeal to the Montana Supreme Court by Attorney General Austin Knudsen.
The Montana Supreme Court’s five-justice panel swiftly denied Knudsen’s request for intervention, issuing their decision within two hours. This ruling came on the heels of a lawsuit filed by influential Republican legislators, Rep. Llew Jones and Rep. Steve Fitzpatrick, against Knudsen’s interpretation of term-limit laws that threatened their reelection eligibility. With the high court’s decision, both Jones and Fitzpatrick appear to be cleared to run in the November elections for Senate District 9 and House District 24.
Attorney General Knudsen’s office, however, has yet to decide on its next course of action following the ruling. Communications Director Amanda Braynack stated in an email, “We’ll continue to defend the constitution and the term limits overwhelmingly supported by Montanans.”
For almost 15 years, Montana legislators have utilized a strategy of serving the maximum term limit of eight years in one chamber before switching to the other, a practice now deemed unconstitutional by Knudsen’s recent opinion. This interpretation sparked the legal conflict and was a key issue in the recent court rulings.
The urgency in this matter arose due to the statutory deadline for ballot certification, which forced a rapid response from all parties involved. Knudsen had sought the Supreme Court’s intervention, arguing that failing to act would result in ineligible candidates being certified, as per constitutional requirements. However, the court’s ruling underscored that the urgency was self-created and not a valid basis for emergency intervention.
Judge Abbott’s ruling highlighted that Senate President Matt Regier, who initiated the review of Jones’ eligibility, exceeded his authority. The Supreme Court ruling emphasized the novelty and complexity of the legal and constitutional issues at play, indicating that a last-minute decision was impractical.
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