Montana Supreme Court Isn’t Enforcing the State’s Constitution, but Rewriting It
The court is not enforcing the Montana Constitution at all. The court is rewriting it.
The Lesson from Montana: Stop Judicial Usurpation Before It Becomes Too Late
Montana’s experience shows that when abuse of power begins, citizens must counteract it quickly. Failure to respond only makes the problem worse.
The Montana Supreme Court Tries to Move the State Left
The Montana Supreme Court’s overruling of election integrity laws is part of a wider pattern.
Critiquing the Montana Supreme Court
The Montana Supreme Court may be the least disciplined appeals court in the country. Rob Natelson’s recent paper outlines the problems.
When a Court Vetoes the People: It Happened in Montana
To 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.
The troubled Montana Supreme Court
So-called “non-partisan” elections don’t abolish politics. They just hide politics from public view.
Brexit isn’t the only example of elites undoing ballot measures
[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.
How a court imposed a state constitution the voters probably didn’t ratify
In 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 […]
America’s WORST appeals court
Keep reading even if you are not from Montana: This article is a lesson on how judges should not conduct themselves.
Tenure is for university researchers, not for teachers without research duties
You hear much about the ideal university as a place of free and open inquiry. The historical record is far more sordid.
The Montana Supreme Court’s Demonstrable Bias Against “Conservative” Voter Initiatives
A Montana Policy Institute report documented the tribunal’s handling of ballot measures over three decades. Every measure expanding government power survived the Montana Supreme Court. Almost every measure restraining government died in the Montana Supreme Court.
For our Montana viewers… on the Montana Supreme Court
Because of a contested election for the Montana Supreme Court, I’m making available again a study of the court’s odd recent history.
