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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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. -
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. -
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.
