Major Problems in Montana's CI-128 (the Abortion Initiative)
- September 26, 2024
The Montana Supreme Court’s overruling of election integrity laws is part of a wider pattern.
READ MOREThe Montana Supreme Court may be the least disciplined appeals court in the country. Rob Natelson’s recent paper outlines the problems.
READ MORETo some extent, this has happened in several states, But nowhere has it gone as far as in Montana, where the state’s highest court has asserted an absolute veto over what the people may add to their own constitution.
READ MORESo-called “non-partisan” elections don’t abolish politics. They just hide politics from public view.
READ MORE[D]uring the 1970s conservatives began to use initiatives to limit government power. . . . Judges seemed to think this was a threat, and judicial attitudes toward ballot measures began to change.
READ MOREIn 1972, the Montana Supreme Court decided one of the most important state constitutional cases in modern American history. By a 3-2 margin, the court ruled that the voters had ratified a new state constitution even though the number of “yes” votes fell below the majority required. The decision was particularly important because the new
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