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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A judge dismisses a challenge to the 2024 initiative that enshrined abortion access in Montana’s Constitution; The BLM revokes bison grazing permits for American Prairie reserve; USDA grants an extension for rural water system program. -
A court case out of Louisiana temporarily halted Montanans’ ability to get abortion medications by mail. The U.S. Supreme Court temporarily halted that decision. A ruling by the high court against mailing medication would impact rural women the most. -
Briefs: A temporary block on abortion restrictions will remain in place as a lawsuit challenging them continues; The public can weigh-in on Lolo National Forest plan revisions; UM plans April 6 public forum with university president candidate.
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The state’s high court agreed that Montana Attorney General Austin Knudsen violated the rules of professional misconduct, but not to the extent an oversight board concluded. -
In Montana, abortion access has been at times illegal, legal, and stuck in limbo. Providers have weathered bombings and arson, advocates and opponents have battled it out in court, and citizens have passed a constitutional amendment affirming a woman's right to choose. One listener wants to know more about the history of reproductive rights in Montana. MTPR's Aaron Bolton reports on the underground networks, political violence and landmark court cases that got us to where we are today. -
A new commission charged with evaluating the state’s judges met for the first time Wednesday. Its conception was part of a broader push by GOP lawmakers to further regulate the judicial branch. -
A conservative group is suing the state over a 2024 ballot initiative enshrining abortion access in the Montana Constitution. And Montanans will soon be able to apply for a property tax rebate approved by state lawmakers earlier this year.
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Montana’s newest constitutional right took effect this month — the right to terminate a pregnancy. A challenge to its legality is trying to find footing. -
The Montana Supreme Court Monday threw out three abortion-related laws passed in 2021. The justices ruled the laws violated the right to privacy outlined in the state Constitution.
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Sixteen young Montanan’s made headlines when they sued the state – and won – for failing to act on climate change. Republican state lawmakers lambasted the decision. They fast tracked a suite of bills during the 2025 legislative session to limit the ruling's impacts.
