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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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.
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A pro-abortion group wants to enshrine abortion rights into the state Constitution. Planned Parenthood Advocates of Montana submitted the ballot proposition last week.
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A Helena judge has blocked four anti-abortion bills and a health department rule restricting Medicaid coverage of abortion while lawsuits challenging their constitutionality play out.
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Gov. Greg Gianforte on Tuesday signed four new laws restricting access to abortion.
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The Montana Supreme Court has solidified protections for abortion access and will allow nurses with advanced degrees to continue performing abortions in the state
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Two independent abortion providers in Montana are suing the federal government aiming to protect access to a medication abortion drug.
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A Lewis and Clark County District Court judge has granted a temporary block on a 24 week abortion ban signed into law by the governor Wednesday.
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Gov. Greg Gianforte has signed five anti-abortion bills into law, and plans to sign several more. Planned Parenthood of Montana has asked a judge to block two of them immediately.
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A district court judge has granted a temporary block on a state rule that restricts Medicaid coverage of abortion, maintaining current coverage of the procedure while a lawsuit plays out. A bill to extend funding for Montana’s Missing Indigenous Person’s Task Force has passed its final vote in the House. The legislation would renew the working group through 2033.
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Republicans try to silence transgender lawmaker Zooey Zephyr. Anti-trans bills are on their way to becoming law. Lawmakers table a bill to create a one-time "jungle primary" in next year's Senate race. The defeat of that bill may have political fallout for Senator Steve Daines.