Montana Legislature vs Judiciary Clash

Article Summary –

The newly formed Senate Select Committee on Judicial Oversight and Reform in Montana had its first meeting, which primarily served as a lesson in constitutional law delivered by Jim Ramlow, a non-voting citizen member. The committee was formed by Senate President Jason Ellsworth in response to recent court rulings blocking GOP-backed policies, with Ramlow presenting about the Montana and U.S. constitutions and the separation of government powers. However, Democrats appointed to the committee declined to participate, criticizing Republicans for attacking rather than adapting to challenges to their policy approaches.


Montana Senate Committee Discusses Judicial Reforms

In the newly formed Senate Select Committee on Judicial Oversight and Reform‘s first meeting, lawmakers furthered talks on Montana’s judicial reform but made little progress. The committee, initiated by Senate President Jason Ellsworth, R-Hamilton, is a response to recent court rulings disrupting GOP-backed policies.

During the meeting, Whitefish resident Jim Ramlow, a non-voting citizen member of the committee and a tax and estate attorney, presented two educational talks. He outlined the U.S. and Montana constitutions and discussed the separation of governmental powers. Ramlow is associated with the nonprofit Frontier Institute, a local branch of the national right-wing State Policy Network.

Ramlow expressed concern over Montana courts allegedly overstepping their constitutional boundaries to strike down GOP-backed laws. He stated, “We’re not set up as a court to decide public policy. That’s what, in a democratic society, people do through the Legislature.”

Jason Ellsworth

Questions from committee members ranged from who appoints the Montana Board of Regents to the difference between quashing and “squashing” a subpoena. When asked about conflicts in constitutional interpretations, Ramlow clarified, “All issues arising under the Montana Constitution and Montana laws are ultimately decided by the Montana Supreme Court.”

Ellsworth mentioned that the meeting aimed to provide education with the discussion of specific policy issues and court cases to follow. The committee is not expected to meet again until after the June primary.

The Senate Select Committee on Judicial Oversight and Reform is distinct from the similarly named Special Select Committee on Judicial Accountability and Transparency, formed in 2022.

The recent committee was formed to address rulings that Republican lawmakers believe interfere with their legislative powers. In a press release, Ellsworth stated, “Simply put, Montana’s courts are out of control. They’re seizing power that doesn’t belong to them and undermining our constitutional system of checks and balances.”

Despite being appointed to the new committee, Democrats have chosen not to participate. House Minority Leader Kim Abbott, D-Helena, stated, “Instead of reflecting and maybe changing their approach to policy…we’ve seen them just engage in an attack on a coequal branch of government.”

In addition to Senate lawmakers, several non-voting members were appointed to the committee, including a number of House Republicans and three lawyers.


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