Passing legislation to regulate the judiciary is a top priority for Republicans this session. Party members often argue the courts overreach their authority when it comes to bills passed by lawmakers. Gov. Greg Gianforte called House Bill 409 “landmark” reform.
The law comes in response to the Montana Supreme Court adopting a “sliding scale” approach when determining whether to grant a preliminary injunction or temporary restraining order in a case. The high court is following a standard set by a federal appeals court.
The bill will require judges to adhere to a more rigid methodology.
Democrats opposed the bill, saying it interferes with the judicial branch’s ability to check and balance the Legislature.
Lawmakers are considering several other bills to regulate the judicial branch. Gianforte signed another bill earlier this month to allow political parties to financially contribute to judicial candidates.
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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. -
Gov. Greg Gianforte Thursday signed into law a package of bills aimed at changing the state’s bedrock environmental policy. Lawmakers were eager to modify the policy following a landmark climate ruling in December. -
A fourth attempt to make judicial elections partisan has failed in the Montana Legislature. GOP lawmakers and Gov. Greg Gianforte put partisan judicial elections at the top of their priority list in an effort to further regulate the third branch. -
The 69th Legislature has less than a month left. Today, we're talking money. This is The Session, a look at the policy and politics inside the statehouse. This week, MTPR's Shaylee Ragar is joined by Eric Dietrich from the Montana Free Press. -
It's week 13 for the 69th Legislature. Proposals to regulate the judiciary are seeing limited success. And a public utility is seeking legislative protection during wildfire season. This is The Session, a look at the policy and politics inside the Montana statehouse.
