The Montana Supreme Court on Monday issued new language for a constitutional initiative on abortion access in order to resolve a legal battle over the wording.
The court wrote in a footnote that a legislative review is not warranted for the initiative, after rounds of legal debate. In such a review, lawmakers vote on whether or not they support a proposal, which is then noted on signature-gathering sheets.
Senate President Jason Ellsworth, a Republican from Hamilton, disagrees with that interpretation of the 2021 law.
“I think that’s an important part that’s kind of missing with the courts making a lot of these, what I think are, unconstitutional rulings, is we want the public to participate,” Ellsworth said.
Ellsworth subpoenaed Secretary of State Christi Jacobsen Tuesday, ordering the ballot initiative be sent before an interim committee for review.
Jacobsen’s office did not immediately say whether the Secretary of State will fulfill the subpoena.
Supporters of the proposal to enshrine abortion access in the Montana Constitution argue the subpoena aims to detrimentally delay the citizen ballot initiative process. The proposal must garner 60,000 signatures from across the state to earn a spot on the 2024 ballot.
On the same day as issuing the subpoena, Senate President Jason Ellsworth created a new select committee on judicial oversight and reform with 10 Senate Republicans. Republican legislators have been highly critical of the Court in recent years, saying justices usurp legislative powers in some of their rulings.
The committee will draft legislation to check the judiciary’s power, improve court processes and create more legislative oversight of the branch.
Democratic leaders are refusing to participate. They called the move a “temper tantrum” over Republican legislation blocked in court. They say they want to focus on problems like high property taxes and the housing crisis.
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Six Republican state lawmakers Thursday voted in disapproval of a proposed constitutional amendment to protect access to abortion. -
A campaign for a constitutional abortion rights amendment in Montana may soon begin collecting signatures to put the measure before voters this fall. But that process has been pushed back by Republican officials challenging the initiative’s content and by legal rulings. -
A constitutional amendment to protect abortion moves closer to getting on the ballot. The Republican fight with the judiciary keeps escalating. And the winner of the Republican eastern district congressional primary may boil down to who loves the Trump the most. -
The Montana Supreme Court has cleared the way for proponents of a abortion rights ballot initiative to begin collecting signatures.
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Abortion-rights advocates are asking the Montana Supreme Court to force the secretary of state to allow signature-collecting to begin on a ballot initiative.
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Abortion-rights advocates have asked the Montana Supreme Court to force the secretary of state to allow signature gathering to begin on a ballot initiative. It’s part of a fast-moving legal back-and-forth ahead of a June deadline to collect signatures needed to certify the constitutional initiative for the ballot.
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The Montana Supreme Court has rephrased a proposed ballot initiative after its supporters and the state Attorney General clashed over the language. The initiative about abortion access can now advance. -
The Montana Supreme Court overturned the state attorney general’s block of a proposal that could amend the state’s Constitution to protect abortion access.
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The decision cited a 1999 Montana Supreme Court ruling that said the state Constitution's right to privacy includes a woman's right to abortion access. -
Montana's western district congressional race is déjà vu all over again. Gov. Gianforte quietly announces he's running again, while his Democratic opponent hopes to make a loud splash. Republican Senatorial candidate Tim Sheehy goes full MAGA. Attorney General Austin Knudsen tries to keep an abortion initiative off the ballot.
