HELENA, MT – Montana legislators are attempting to author legislation because of claimed liberalism in the judiciary, according to the New York Times.
Claiming “liberal” judges disregard legal precedent in their rulings, Republicans in Montana, along with Republicans in other states, are demanding changes, reported the New York Times.
Determined Republican legislators in Montana have tried to pass conservative legislations before the election of President Trump, writes the New York Times, and attempted to outlaw abortion even before the overturning of Roe v. Wade and ban gender-affirming care for youth.
But, the Times notes, district judges have all ruled such legislation unconstitutional and acting in violation of legal precedent.
Republican legislators are furious, according to the New York Times, quoting leaders stating, “After today, our message to the judiciary is simply this: Buckle up,”
Now, Montana legislators have prepared a mountain of bills contorting the judiciary, manipulating the selection of judges, reported the New York Times, and instead of the nonpartisan judicial elections characteristic of Montana for the last century, the governor will now appoint judges and the Senate will confirm them.
The New York Times reported two other bills claimed the look on a judge’s face will also be a potential reason for disqualification, deeming it “evidence of bias.”
Tom McGillvray, Senate Republican Leader, emphasized Montana Supreme Court’s liberal history, wondering if the courts truly are biased, and stating that “you’ve got a de facto executive branch in the judicial branch, and that’s precipitated a lot of angst,” according to the New York Times.
Republican legislators proclaim the judiciary a branch brimming with elites, failing to stay grounded “with the electorate,” writes the NY Times, noting Kansas legislators approved a new 2026 ballot question proposing a Constitutional amendment electing Supreme Court justices instead of the historically merit-based appointments.
The House speaker pro tem, Patrick McHenry, “floated a measure…to oust an elected judge” by reducing judges in a given district because of liberal rulings on marijuana and abortion, reported the New York Times, writing a justice in Utah’s Supreme Court accused legislators of overreaching their power when they proposed a new selection process of the Supreme Court’s chief justice.
However, no state bears the urgency of judicial attacks as Montana, reports the NY Times, noting its legislature every other year threatens judicial independence, breaching the separation of powers.
Former Republican governor of Montana and attorney general, Marc Racicot, told the New York Times the legislature wants to control and “infuse politics” into the judiciary, but warns against the hasty legislature threatening the courts, cautioning legislators against rebelling against precedent that has guided the United States since its conception.
Montana’s judicial elections erase any political affiliation, where judges run without stating party identifications, reported the Times, noting Republican legislators complain about the court’s “overly liberal” decisions.
After 16 years of Democrat governors, Montana elected its first Republican governor, Greg Gianforte, granting Republicans control of the executive and legislative branches in 2021, according to the New York Times, adding new laws challenging election rights, public health, and gun violence permeated Montana legislation but were subsequently challenged in court.
Senator Matt Regier called the courts a deep blue when the state is red, the New York Times reported, adding Robert G. Natelson, former law Professor with University of Montana, called the courts “too powerful,” claiming the Supreme Court caters toward liberalism.
Cory Swanson, Gianforte and Republican-backed chief justice, refuted the legislature’s behavior, proclaiming to the New York Times the partisan-infused judiciary will “ultimately harm Montana citizens and warning the bills going through the Montana legislature all violate the constitutionally guaranteed separation of branches.”
