Montana Republicans Are Trying to Hijack the Montana Supreme Court - Balls and Strikes

[In It to Win It]

Balls and Strikes

The Montana legislature has spent the last several years crusading against the justices of the Montana Supreme Court for their insufficient dedication to Republican partisanship. After failing to convince the court that Republicans are entitled to enact voter suppression laws, abortion bans, and limitations on gender-affirming medical care for youth, the legislature has taken a different tack: trying to drive uncooperative justices from office.

Montana Supreme Court justices are elected in nonpartisan elections and serve eight-year terms, but in the case of a mid-term retirement or other removal from office, the governor may appoint a successor to complete the term. Although the current court is not particularly liberal, it has in several notable cases relied on the state constitution and prior precedent to strike down episodes of Republican overreach.

As a result, beginning in 2021, Republican lawmakers responded by filing dozens of ethics complaints and issuing subpoenas against almost every justice on the court, attempting to discredit them in their reelection campaigns or remove them from office altogether. However, the Judicial Standards Commission, which considers ethics complaints against judicial officers, rejected all of them. For example, one complaint alleged that the entire Montana Supreme Court should have recused from a case regarding judicial selection, since it affects their own elections. As the commission pointed out, such a finding would make any legislative changes to the structure of the judiciary effectively unreviewable in court, thus putting courts forevermore at the legislature’s mercy.

In 2024, Republican legislators formed a special committee to strategize about how to rein in their “out of control” Supreme Court, ultimately putting together a package of 27 bills aimed at the judiciary. Ideas included switching from non-partisan to partisan judicial elections, immunizing courts-related legislation from judicial review, changing from statewide judicial elections to regional ones subject to gerrymanders, and more. They even proposed recording video and publishing all judicial deliberations for the public, removing the ability of judges to candidly discuss cases without political pressure.

Montana lawmakers are trying to hijack a Supreme Court that keeps getting in their way

— Balls & Strikes (@ballsandstrikes.org) 2025-12-01T19:26:00.766Z

[Maru Kitteh]

1. I don't think it's going as well as they hoped. That's the good news.

[Attilatheblond]

2. I figured when a lot of trust-fund/tax evading/bigots bought 2nd or 3rd homes in Montana, things would go badly

Have seen property prices sore way beyond what regular Montanans could afford, considering the pay scale, and it is a worry. Have seen a LOT of out of state money importing and funding out of state politicians to run for office in the Big Sky. No surprise there's a bunch of bought or imported pols who want to shred the Montana Constitution and realize their dream of a Great White Fortress where diversity of any sort is thwarted.

I weep for the state I have loved so long.