By Eric Dietrich & the MTFP staff
Montana’s historic 2021 legislative session, the first since 2003 with Republicans in control of both the Legislature and the governor’s office, produced a wave of new conservative laws on politically fraught topics including gun rights, abortion access and voting regulations. Opponents have begun to challenge those measures in court, giving the state’s judicial branch the chance to weigh arguments about whether the new laws violate the Montana Constitution.
The litigation comes as Republicans have alleged liberal bias in the state judiciary and established a legislative committee to investigate judicial conduct — an effort that has spun into its own batch of legal proceedings.
As these cases work their way through the courts, Montana Free Press will keep track of which bills are being challenged and the status of specific cases. We plan to update this guide periodically. We welcome questions or suggestions at tips@montanafreepress.org.
Challenges to 2021 bills
Cases seeking to nullify laws or proposed voter referendums passed by the 2021 Legislature.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
Montana Supreme Court
+
Challenges law allowing the governor to fill judicial vacancies directly, abolishing the Judicial Nomination Commission established in 1972. The challenge to SB 140 became tangled with a broader conflict between the legislative and judicial branches. — 22 major legal filings, last on June 10.
Law upheld
Plaintiffs
Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson, and the Montana League of Women Voters
Defendants
Governor Greg Gianforte, Montana Legislature
Judge
Montana Supreme Court
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
6/10/21
Montana Free Press
5/13/21
Montana Free Press
4/20/21
Montana Free Press
4/16/21
Montana Free Press
3/17/21
Major legal filings
Initial filing asking the court to declare SB 140 unconstitutional
Replaces recused Chief Justice Mike McGrath with District Court Judge Kurt Krueger
Asks for Krueger's recusal, citing Krueger's opposition to SB 140 in an internal judicial branch poll. Also requests a stay of the proceedings "until such time as the Court can seat an impartial and independent judicial panel to decide this case"
Opposes a stay of the proceedings
Declines to stay the proceedings, saying no Supreme Court justices participated in the poll
Request to block legislative subpoena for judicial emails
Temporarily quashes legislative subpoena pending further legal argument
Asks court to throw out Court Administrator McLaughlin's motions
Third-party legal arguments on SB 140's constitutionality
Third-party legal arguments on SB 140's constitutionality
Response to legal arguments raised in initial petition
Asks court to throw out revised legislative subpoena
Asks court to throw out the motion to quash the revised legislative subpoena
Temporarily quashes legislative subpoena pending further legal argument
Attempts to add a challenge to the constitutionality of SB 402 to the case
Denies attempt to add challenge to SB 402 to the case
Legal arguments against SB 140
6/10/21 –
Opinion filed by
the courtThe Supreme Court’s official 6-1 ruling that SB 140 is constitutional, upholding the law against plaintiffs’ legal challenge
Brief summary of the Court’s ruling
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Challenges law that allows firearm possession on campuses — 2 major legal filings, last on May 26.
Dismissed for litigation in lower court
Plaintiffs
Montana Board of Regents
Defendants
State of Montana, Attorney General Austin Knudsen
Judge
Montana Supreme Court
Related coverage
Montana Free Press
8/10/21
Montana Free Press
5/27/21
Montana Free Press
5/21/21
Montana Free Press
5/19/21
Montana Free Press
2/18/21
Major legal filings
Asks the Montana Supreme Court to take up the case
Dismisses the case, saying a lower court is the appropriate venue
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Challenges campus carry law and others — 2 major legal filings, last on May 26.
Dismissed for litigation in lower court
Plaintiffs
Steve Barrett, Robert Knight, Montana Federation of Public Employees, Lawrence Pettit, Montana University System Faculty Association Representatives, Montana State University Faculty Senate, Joy Honea, Annjeanette Belcourt, Franke Wilmer, Montana Public Interest Research Group, Ashley Phelan, Joseph Knappenberger, and Nicole Bondurant
Defendants
State of Montana, Governor Greg Gianforte
Judge
Montana Supreme Court
Related coverage
Montana Free Press
8/10/21
Montana Free Press
5/27/21
Montana Free Press
5/21/21
Montana Free Press
4/30/21
Montana Free Press
2/18/21
Major legal filings
Asks the Montana Supreme Court to take up the case
Dismisses the case, saying a lower court is the appropriate venue
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Winter et al. v. 1st Judicial District (
OP-21-0334)
Asks Montana Supreme Court to take Winter et al. v. Montana over from a lower state court in Lewis & Clark County and declare judicial appointment law SB 140 unconstitutional — 2 major legal filings, last on July 20.
Dismissed
Plaintiffs
Thomas Winter, Barbara Bessette
Defendants
Montana First Judicial District Court, Judge Mike McMahon
Judge
Montana Supreme Court
Related coverage
Montana Free Press
8/10/21
Major legal filings
Asks the Montana Supreme Court to take over the case
Declines to take over the case and dismisses this proceeding
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Appeals denial of motion to replace judge Kurt Kreuger in 2-DV-21-0120 in Silver Bow County District Court, which challenges a proposed voter referendum on electing Montana Supreme Court justices by district. A unanimous supreme court reversed the decision. — 5 major legal filings, last on November 3.
Decided
Plaintiffs
Secretary of State Christi Jacobsen
Defendants
Second Judicial District
Judge
Montana Supreme Court
Related coverage
Montana Free Press
8/10/21
Major legal filings
11/3/21 –
Opinion filed by
the court+
Montana Shooting Sports v. 1st Judicial District (
OP-21-0377)
Appeals lower court’s decision to deny intervenor status to the Montana Shooting Sports Association in 1-DV-21-0598, which challenges a campus carry law. — 5 major legal filings, last on September 29.
Dismissed with appeal denied
Plaintiffs
Montana Shooting Sports Association
Defendants
First Judicial District
Judge
Montana Supreme Court
Major legal filings
8/9/21 –
Order filed by
the CourtAccepts the appeal and requests responses from other parties in the underlying case
9/8/21 –
Response filed by
Montana Attorney GeneralUrges the state supreme court to grant the shooting sports association’s request to intervene in the district court lawsuit
9/8/21 –
Response filed by
Montana Board of RegentsUrges the state supreme court to deny the shooting sports association’s appeal
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Planned Parenthood et al. v 13th Judicial District (
OP-21-0494)
Emergency appeal effort intended to keep four anti-abortion laws being challenged in Planned Parenthood et al. v. Montana, 13-DV-21-0999, from taking effect after a judge who had been weighing a stay was forced to remove himself from the case at the last minute. The appeal was dismissed and a lower court stay was issued by a new judge. — 4 major legal filings, last on September 30.
Dismissed
Plaintiffs
Planned Parenthood of Montana, Joey Banks, M.D.
Defendants
Thirteenth Judicial District
Judge
Montana Supreme Court
Related coverage
Montana Free Press
10/7/21
Montana Free Press
9/30/21
Montana Free Press
9/29/21
Major legal filings
Asks the Montana Supreme Court to take up the case
Dismisses the appeal, noting a new lower-court judge has assumed the case
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Effort by the state to appeal a lower court ruling keeping anti-abortion laws from taking effect while a case challenging them proceeds. That case is Planned Parenthood et al. v. Montana, 13-DV-21-0999. — 8 major legal filings, last on April 15.
Pending
Plaintiffs
State of Montana
Defendants
Planned Parenthood of Montana, Joey Banks, M.D.
Judge
Montana Supreme Court
Major legal filings
Asks the Montana Supreme Court to take up the case
3/24/22 –
Amicus Brief filed by
third-parties involved in anti-domestic violence advocacy3/24/22 –
Amicus Brief filed by
third-parties Center for Reproductive Rights, ACLU of Montana Foundation and National Women’s Law Center3/24/22 –
Amicus Brief filed by
third-party 1972 Constitutional Convention delegatesResponse to case for appeal
3/28/22 –
Amicus Brief filed by
third-party American College of Obstetricians and Gynecologists et al.+
Appeal of ruling for university system in challenge to campus carry law. — 12 major legal filings, last on March 28.
Pending
Plaintiffs
State of Montana
Defendants
Montana Board of Regents
Judge
Montana Supreme Court
Major legal filings
Asks the Montana Supreme Court to take up the case
2/10/22 –
Opening Brief filed by
appellants, via Attorney General Austin KnudsenLegal arguments backing the appeal
2/17/22 –
Amicus Brief filed by
third-party Rep. Seth BergleeBrief submitted by bill sponsor
2/18/22 –
Amicus Brief filed by
third-party Montana Shooting Sports Association2/18/22 –
Amicus Brief filed by
third-party Western Montana Fish & Game Association, Inc.2/28/22 –
Amicus Brief filed by
third-party Montana legislatorsBrief co-signed by 81 Republican legislators, including Berglee
3/7/22 –
Amicus Brief filed by
third-party Second Amendment Foundation et al.3/14/22 –
Reply Brief filed by
defendant Board of Regents3/21/22 –
Amicus Brief filed by
third-party Associated Students of the University of Montana3/21/22 –
Amicus Brief filed by
third-party university stakeholders3/28/22 –
Reply Brief filed by
appellants, via Attorney General Austin Knudsen+
Appeals lower-court decision that denied plaintiffs’ request to block a law preventing discrimination based on vaccine status while litigation in the lower court case proceeds. — 2 major legal filings, last on May 26.
Pending
Plaintiffs
Netzer Law Office, Donald Netzer
Defendants
State of Montana, Attorney General Austin Knudsen, Montana Commissioner of Labor and Industry Laurie Esau
Judge
Montana Supreme Court
Major legal filings
3/3/22 – Notice of Appeal filed by appellants
+
Montana Democratic Party et al. v. Jacobsen (
DA-22-0172)
Appeals decision blocking new election administration regulations while lower-court litigation challenging them proceeds in 13-DV-21-0451. — 13 major legal filings, last on June 15.
Preliminary injunction overturned
Plaintiffs
Montana Secretary of State Christi Jacobsen
Defendants
Montana Democratic Party et al.
Judge
Montana Supreme Court
Major legal filings
4/7/22 – Notice of Appeal filed by plaintiffs
Asks justices to block a lower-court order that reinstated election-day voter registration and limited voter ID requirements for the 2022 election cycle.
Notes lower court order has modified the scope of the injunction on the disputed laws.
5/17/22 –
Order filed by
the courtOverrules the lower-court ruling, unblocking the new laws preventing same-day voter registration and tightening voter ID requirements.
Allows third-party group to make legal arguments in the case.
6/9/22 –
Amicus Brief filed by
Restoring Integrity & Trust in Elections+
Appeals lower-court decision blocking a legislative referendum that would have had Montana voters decide on switching state supreme court elections to a district-based system. — 4 major legal filings, last on June 14.
Pending
Plaintiffs
Montana Secretary of State Christi Jacobsen
Defendants
Sister Mary Jo McDonald, Lori Maloney, Fritz Daily, Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson and the League of Women Voters of Montana
Judge
Montana Supreme Court
Related coverage
Montana Free Press
6/15/22
Major legal filings
5/5/22 – Notice of Appeal filed by appellants
Argues that all supreme court justices should recuse themselves from the case because the underlying proposal affects how they would run for re-election.
Indicates supreme court justices won’t recuse themselves from the case
Lewis & Clark County District Court
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Lawsuit challenging campus carry bill, refiled in district court. A ruling in favor of the university system is being appealed to the Montana Supreme Court. — 40 major legal filings, last on November 30.
Decided – appealed
Plaintiffs
Montana Board of Regents
Defendants
State of Montana, via Attorney General Austin Knudsen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
12/1/21
Montana Free Press
8/10/21
Montana Free Press
5/28/21
Montana Free Press
2/18/21
Major legal filings
Initial filing that initiate the lawsuit
Argues for temporarily keeping the constitutional carry on campuses law from taking effect while the court decides whether to to delay for the full period it take to resolve the lawsuit
Temporarily blocks the law
Argues against delaying the law for the full duration of litigation
Notice of a Montana citizen seeking to intervene in the case
Argument for allowing third-party citizen to intervene
More argument for allowing third-party citizen to intervene
Argues against extending the temporary restraining order to a preliminary injunction
Extends the order keeping the campus carry law from taking effect while litigation proceeds
Supports third-party efforts intervene in case
Opposes third-party efforts intervene in the case
7/8/21 –
Answer filed by
defendantsLegal arguments defending the law
Rules Diacon and the Montana Shooting Sports Association don’t need to be involved in the case as formal intervenors
Asks the court to reconsider portions of its July 16 order
Board of Regents’ response to the Montana Shooting Sports Association’s effort to appeal the district court’s denial of its effort to intervene in the case to the Montana Supreme Court in OP-21-0377.
Board of Regents’ response to the Montana Shooting Sports Association’s effort to appeal the district court’s denial of its effort to intervene in the case to the Montana Supreme Court in OP-21-0377.
Requests permission for Daniels County to submit a ‘friend of the court’ brief
‘Friend of the court’ brief submitted by David Diacon
9/29/21 – Order Denying Petition for Writ of Supervisory Control filed by Montana Supreme Court
Denies effort to appeal over granting the Montana Shooting Sports Association intervenor status
Rules in favor of the Board of Regents, finding that provisions of HB 102 are unconstitutional as applied to the state higher ed system and permanently bars the law from being enforced on campuses.
Indicates Montana Attorney General Austin Knudsen is appealing the summary judgment order to the Montana Supreme Court in case DA-21-0605.
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Challenges constitutionality of the legislative process that passed a campaign finance bill with significant provisions added at the last minute — 39 major legal filings, last on February 3.
Decided – parts of law overturned
Plaintiffs
Forward Montana, Lewis & Clark County Attorney Leo Gallagher, Montana Association of Criminal Defense Lawyers, Alexander Blewett III, Larrry Anderson, Maxon Davis, Gary Zadick
Defendants
State of Montana, via Governor Greg Gianforte
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
4/30/21
Major legal filings
Initial filing that kicks off the lawsuit
Asks judge to keep challenged law from taking effect while litigation proceeds
Arguments for preliminary injunction
Has Judge Kathy Seeley assume jurisdiction over the case as Judge Michael McMahon recuses himself.
Requests a judge other than Seeley be assigned to the case
Swaps in Mike Menahan for Kathy Seeley as presiding judge
6/29/21 – Show Cause Hearing filed by the court
Oral arguments before judge, who says he’ll issue a preliminary injunction
Written judicial order preventing law from taking effect while litigation proceeds
Asks the court to hold off on ruling on summary judgment motion until after ruling on pending motion to dismiss
Argues the court can rule on motion to dismiss and make summary judgement at the same time
Asks the court to stay 25 hours of depositions requested by state attorneys
Orders a pause on discovery until the court rules on the motion for a protective order.
Affidavit by defense attorney for purpose of entering exhibits into case record
Statement by Forward Montana program director supporting plaintiffs’ position
Argues affidavit of Amara Reese-Hansell injects new facts into evidence at an inappropriate time procedurally.
Indicates court granted the State’s motion to strike Reese-Hansell affidavit
Rules in favor of plaintiffs, finding that the bill unconstitutionally included two provisions unrelated to its title and was amended during the legislative process to the extent that its original purpose was changed. The ruling strikes down restrictions on political activity on college campuses and a judicial recusal requirement.
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Challenges bill providing governor direct appointment power to judicial vacancies — 14 major legal filings, last on September 1.
Dismissed
Plaintiffs
Thomas Winter, Barbara Bessette
Defendants
State of Montana, via Governor Greg Gianforte
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Major legal filings
Initial filing that kicks off the lawsuit
Asks judge to keep governor from filling a judicial vacancy in accordance with the appointment law challenged by the lawsuit
Argues restraining order request should be denied
7/2/21 –
Order filed by
the courtDenies request for Temporary Restraining Order
Indicates plaintiffs have asked the Montana Supreme Court to take over the case (see Winter et al. v. 1st Judicial District, OP-21-0334)
Indicates the Montana Supreme Court declined to take up the case
Copy of Supreme Court Order
Dismisses the case with prejudice, meaning it cannot be re-filed
Silver Bow County District Court
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Challenges proposed voter referendum on electing Montana Supreme Court justices by district. — 15 major legal filings, last on May 5.
Decided - Referendum struck from ballot; Appealed
Plaintiffs
Sister Mary Jo McDonald, Lori Maloney, Fritz Daily, Bob Brown, Dorothy Bradley, Vernon Finley, Mae Nan Ellingson and the League of Women Voters of Montana
Defendants
Montana Secretary of State Christi Jacobsen
Related coverage
Montana Free Press
3/22/22
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
3/26/21
Major legal filings
Initial legal filing to initiate the lawsuit
Requests Kurt Kreuger be replaced with a different judge
Denies motion to replace Judge Krueger on basis that substitution motion was filed too late
Indicates the Attorney General’s office has appealed the substitution order denial to the Montana Supreme Court. See case OP-21-0382.
Indicates Judge Krueger has been replaced on the case with Judge John C. Brown.
12/1/21 –
Remittitur filed by
Montana Supreme CourtIndicates the lower court’s July 30 order has been reversed.
Indicates Judge John C. Brown has recused himself from the case, being replaced by Judge Peter Ohman.
Grants plaintiffs’ request to declare the planned referendum unconstitutional, striking it from the November ballot.
5/5/22 – Notice of Appeal filed by defendants
Indicate the state is appealing the matter to the Montana Supreme Court in DA-22-0229.
Cascade County District Court
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Suit by labor groups and disability rights advocates challenging law ending election-day voter registration. — 1 major legal filing, last on September 22.
Pending
Plaintiffs
Montana Federation of Public Employees (MFPE), Montana American Federation of Labor-Congress of Industrial Organizations (AFL-CIO), Montana Association of Centers for Independent Living, Samantha Harrington, Adam Clinch, Paul Dougherty, Cullen Hinkle, Ashley Johnson, Greg Werber, Wyatt Murdoch, Theresa Froehlich Dutoit, Jasmine Taylor, Karen Cook
Defendants
State of Montana, Montana Secretary of State Christi Jacobsen
Related coverage
Montana Free Press
12/21/21
Major legal filings
Initial legal filing to initiate the lawsuit
Yellowstone County District Court
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Challenges new laws ending same-day voter registration, establishing voter ID requirements and regulating mail ballot collection. Case was originally filed by the Montana Democratic Party but has been combined with similar cases filed by Western Native Voice et al. and Montana Youth Action et al. — 59 major legal filings, last on April 21.
Pending – Laws blocked; Appealed
Plaintiffs
Montana Democratic Party and Mitch Bohn; Montana Native Vote, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Northern Cheyenne Tribe; Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group
Defendants
Montana Secretary of State Christi Jacobsen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
5/18/21
Major legal filings
Initial legal filing to initiate the lawsuit
Adds mail ballot collection law, HB 530, to list of bills challenged
Pushes to dismiss some of plaintiffs’ specific legal arguments
Asks judge to consolidate 13-DV-21-0451, Western Native Voice et al. v. C. Jacobsen, into this case.
Resists consolidation effort while motion to dismiss is pending
Asks the court to stay plaintiffs’ discovery requests until it rules on the pending motion to dismiss
Asks the court to merge 13-DV-21-1097, Montana Youth Action et al. v. C. Jacobsen, into this case.
Denies the state’s motions to throw out the case.
11/24/21 –
Answer filed by
defendantsMerges case 13-DV-21-0560, filed by Western Native Voice et al., into this case.
Merges case 13-DV-21-1097, filed by youth plaintiffs, into this case.
Asks judge to nullify laws ending same-day voter registration and regulating mail ballot collection while the lawsuit proceeds.
Declarations filed be experts, lawmakers, voters and election administrators in support of the state’s position defending the election regulations
Supporting materials for WNV reply
Supporting materials for MDP reply
3/10/22 – Oral Arguments on Preliminary Injunction filed by the court
Temporarily nullifies the four challenged laws while litigation proceeds
Supporting materials filed by plaintiffs’ attorney
Supporting materials filed by state attorney
Indicates Preliminary Injunction ruling is being appealed to the Montana Supreme Court in case DA-22-0712.
Supporting evidence filing by MDP plaintiffs’ attorney
Clarifies that the April 6 order doesn’t apply to unchallenged portions of new laws, denies remainder of motion to put new laws back into effect for the 2022 election.
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Challenges new laws ending same-day voter registration and regulating mail ballot collection — 12 major legal filings, last on December 10.
Merged
Plaintiffs
Western Native Voice, Montana Native Vote, Blackfeet Nation, Confederated Salish and Kootenai Tribes, Fort Belknap Indian Community, and Northern Cheyenne Tribe
Defendants
Montana Secretary of State Christi Jacobsen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
5/18/21
Major legal filings
Initial filing that kicks off the lawsuit
Asks judge to consolidate this case into 13-DV-21-0451, Montana Democratic Party v. C. Jacobsen.
6/22/21 – Motion for Substitution of Judge filed by defendants
Asks for the case to be reassigned away from Judge Ashley Harada
Reassigns case from Judge Ashley Harada to Judge Gregory Todd
Resists consolidation for the time being
Asks for the case to be reassigned away from Judge Gregory Todd
Reassigns case from Judge Gregory Todd to Judge Donald Harris
Merges this case with 13-DV-21-0451.
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Challenges law that requires transgender Montanans to obtain surgery before they can update the gender listed on their birth certificate — 27 major legal filings, last on April 21.
Pending — Law blocked
Plaintiffs
Amelia Marquez, John Doe
Defendants
Governor Greg Gianforte, Montana Department of Health and Human Services, DPHHS Director Adam Meier
Related coverage
Montana Free Press
12/22/21
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Major legal filings
Initial legal filing to initiate the lawsuit
Asks judge to keep the law from taking effect while litigation proceeds
Written testimony supporting the request for preliminary injunction
Written testimony supporting the request for preliminary injunction
Written testimony for the preliminary injunction request from an ACLU Attorney, who used it to enter the World Professional Association for Transgender Health’s Standards of Care manual into evidence
Asks the court permission for unnamed plaintiff John Doe to continue participating in the lawsuit without disclosing his real name
Indicates the Attorney General’s office isn’t opposed to allowing plaintiff Doe to use a pseudonym.
Argues for dismissing the case and pushes back on the preliminary injunction request
Allows John Doe to continue using a pseudonym as the case continues and order parties to avoid disclosing his identity.
Includes transcript of a Dec. 22, 2021 hearing in the case.
4/21/22 –
Order filed by
the courtGrants motion for preliminary injunction, putting law on hold while litigation proceeds
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Challenges four laws that add restrictions on abortions in Montana — 38 major legal filings, last on December 14.
Pending — Laws blocked
Plaintiffs
Planned Parenthood of Montana and Joey Banks, M.D.
Defendants
State of Montana, via Attorney General Austin Knudsen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
10/7/21
Montana Free Press
9/30/21
Montana Free Press
9/29/21
Montana Free Press
9/23/21
Montana Free Press
8/16/21
Major legal filings
Initial filing that initiates the lawsuit and asks the court to keep the laws from taking effect while the litigation proceeds
Sworn statement from a Missouri-based OB/GYN
Sworn statement from Planned Parenthood of Montana’s laboratory director
Sworn statement from Planned Parenthood of Montana’s president and CEO.
Order from Judge Jessica Fehr deeming herself disqualified to preside over the case
Indicates Fehr has been replaced with Judge Donald Harris
Requests a substitution for Judge Donald Harris
Indicates Harris has been replaced with Judge Gregory Todd
Oral Arguments on whether the court should issue a preliminary injunction keeping the challenged laws from taking effect while litigation proceeds
9/28/21 – Rebuttal Declaration of George Mulcaire-Jones filed by defendants
Asks the judge to declare himself disqualified in the case based on comments made during the Sept. 23 hearing. This motion triggered an emergency appeal by plaintiffs to the Montana Supreme Court, Planned Parenthood et al. v 13th Judicial District, or OP-21-0494.
Notice that Judge Todd has declared himself disqualified to preside over the case.
9/30/21 – Notice of Judicial Substitution filed by the court
Indicates Judge Michael G. Moses will take over the case.
Keeps laws from taking effect for 10 days to give the new judge time to review the arguments for and against a longer-term preliminary injunction.
Keeps laws from taking effect while litigation proceeds.
Indicates the state is appealing the Oct. 7 preliminary injunction order to the Montana Supreme Court in case DA-21-0521.
12/14/21 –
Answer filed by
defendants+
Challenges laws that end election-day voter registration, restrict ballot distribution to soon-to-be-eligible voters, and limit use of student IDs for voter registration — 11 major legal filings, last on December 13.
Merged
Plaintiffs
Montana Youth Action, Forward Montana Foundation, and Montana Public Interest Research Group
Defendants
Montana Secretary of State Christi Jacobsen
Related coverage
Montana Free Press
12/21/21
Major legal filings
Initial filing that initiates the lawsuit
Requests presiding Judge Ashley Harada be replaced with another judge
Indicates Harada has been replaced with Judge Donald Harris
Requests presiding Judge Donald Harris be replaced with another judge
Indicates Harris has been replaced with Judge Donald Harris
Asks the court to merge this case with 13-DV-21-0451, Montana Democratic Party v. C. Jacobsen.
11/9/21 – Brief for Motion for Consolidation filed by plaintiffs
11/12/21 –
Answer filed by
defendantsMerges this case into 13-DC-21-0451
Gallatin County District Court
+
Challenges campus carry law and others, refiled in district court — 11 major legal filings, last on May 27.
Pending
Plaintiffs
Steve Barrett, Robert Knight, Montana Federation of Public Employees, Lawrence Pettit, Montana University System Faculty Association Representatives, Montana State University Faculty Senate, Joy Honea, Annjeanette Belcourt, Franke Wilmer, Montana Public Interest Research Group, Ashley Phelan, Joseph Knappenberger, Nicole Bondurant, Mae Nan Ellingson
Defendants
State of Montana, Governor Greg Gianforte, Attorney General Austin Knudsen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Montana Free Press
4/30/21
Montana Free Press
2/18/21
Major legal filings
Points to ruling in favor of Board of Regents in 1-DV-21-598, saying it bolsters plaintiffs’ case in this litigation.
3/21/22 –
Answer filed by
defendantsRichland County District Court
+
Challenges law preventing businesses from mandating employee vaccination. — 19 major legal filings, last on March 3.
Pending
Plaintiffs
Netzer Law Office
Defendants
State of Montana, Attorney General Austin Knudsen, Department of Labor & Industry Commissioner Laurie Esau
Related coverage
Montana Free Press
12/21/21
Montana Free Press
10/29/21
Montana Free Press
10/6/21
Major legal filings
Indicates Judge Olivia Rieger has assumed jurisdiction over the case.
Statement from medical professor supporting the state’s position on vaccine mandates
Cites federal court ruling that temporarily blocked enforcement of a federal vaccine mandate for Medicare and Medicaid healthcare providers.
Indicates plaintiffs are appealing the preliminary injunction denial to the Montana Supreme Court in case DA-22-0109
U.S. District Court, District of Montana, Billings Division
+
Portland General Electric Company et al. v. NorthWestern Energy et al. (
1-21-cv-00047*)
Challenges two laws that aim to keep the Colstrip coal plant operational by changing how and where disputes between owners are handled — 57 major legal filings, last on April 1.
Pending
Plaintiffs
Portland General Electric Company, Avista Corporation, PacifiCorp, Puget Sound Energy Inc.
Defendants
NorthWestern Corporation, Talen Montana LLC, Attorney General Austin Knudsen
Judge
Magistrate Judge Kathleen L. DeSoto, Judge Susan P. Watters
Related coverage
Montana Free Press
12/21/21
Montana Free Press
8/10/21
Major legal filings
Initial filing challenging SB 265
Adds SB 266 challenge to the lawsuit
Asks judge to keep Attorney General Austin Knudsen from enforcing SB 266
Detailed argument supporting preliminary injunction request
NorthWestern's formal response to the issues raised in the complaint
Fuller legal arguments on motion
Says a temporary order barring SB 266 enforcement would have no immediate effect since Colstrip owners have an operating budget in place for 2021 and don’t plan to immediately close the plant.
Talen’s formal response to the issues raised in the complaint
Arguments opposing request to prevent SB 266 enforcement
Asks the judge to require Colstrip owners to enter arbitration proceedings
Montana’s formal response to the complaint; asks for the case to be dismissed
Oral arguments over preliminary injunction motion, with no immediate ruling from judge
Request by an attorney representing Talen to delay summary judgment ruling so more discovery can be conducted
Bars Montana Attorney General Austin Knudsen from enforcing one of the challenged laws, SB 266, while litigation moves forward.
Supporting affidavit filed by state attorney
Summarizes NorthWestern’s position at this point in the litigation
Summarizes Talen’s position at this point in the litigation
Summarizes Pacific Northwest utilities’ positions at this point in the litigation
Summarizes facts agreed-upon by all parties at this point in the case
*Link requires login
U.S. District Court, District of Montana, Missoula Division
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Montana Medical Association et al. v. Knudsen et al. (
9-21-cv-00108*)
Challenges law that outlaws discrimination based on vaccination status, requesting that it be invalidated in physician offices and hospitals — 35 major legal filings, last on May 19.
Pending
Plaintiffs
Montana Medical Association, Five Valleys Urology, Providence Health & Services MT, Western Montana Clinic, Pat Appleby, Mark Carpenter, Lois Fitzpatrick, Joel Peden, Diana Jo Page, Wallace Page, Cheyenne Smith
Defendants
Montana Attorney General Austin Knudsen, Montana Commissioner of Labor & Industry Laurie Esau
Related coverage
Montana Free Press
3/18/22
Montana Free Press
12/21/21
Montana Free Press
9/23/21
Major legal filings
Initial filing that kicks off the lawsuit
Asks court to dismiss the lawsuit
Supporting arguments for dismissal motion
Seeks to add the nurses association to the case as an additional plaintiff and expand the scope of the lawsuit to “all healthcare settings.”
Grants the Montana Nursing Association’s request to be added to the case.
Flags a ruling issued in another case where a federal judge halted a Biden Administration effort to enforce a vaccine mandate for Medicare and Medicaid healthcare providers.
Dismisses some of the claims brought by plaintiffs but allows litigation to proceed on most of them.
3/2/22 – Hearing filed by the court
Oral arguments on pending motion for preliminary injunction. Judge promised a forthcoming written order.
3/18/22 –
Order filed by
the courtGrants a preliminary injunction blocking portions of the law while the lawsuit proceeds.
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Montana Democratic Party et al. v. Jacobsen et al. (
9-21-cv-00119*)
Challenged law that restricts on-campus voter registration and signature gathering. Dismissed by agreement from parties following a ruling in separate case Forward Montana v. Montana, 1-DV-21-0611, that permanently blocked the law. — 16 major legal filings, last on May 23.
Dismissed
Plaintiffs
Montana Democratic Party, Montanans for Tester, Macee Patritti
Defendants
Montana Secretary of State Christi Jacobsen, Montana Commissioner of Political Practices Jeff Mangen
Related coverage
Montana Free Press
12/21/21
Montana Free Press
10/12/21
Major legal filings
Initial filing that kicks off the lawsuit
Argues the lawsuit should be thrown out because the defendants were served a version of the complaint that was unreadable due to poor printing quality.
Filing by Secretary of State Administrative Officer that includes an image of the criticized summons documents as an exhibit.
Filing by Montana Commissioner of Political Practices that includes an image of the criticized summons documents as an exhibit.
Filing by Montana Department of Justice paralegal that includes an image of the summons documents received by the Attorney General’s office.
11/10/21 –
Order filed by
the courtOrders plaintiffs to file an affidavit saying the complaint documents served on defendants were legible.
Affidavit by a plaintiffs’ attorney declaring the complaints served on defendants were “complete and entirely legible.”
11/19/21 –
Answer filed by
defendantsAsks the court to pause the case while similar litigation proceeds in Forward Montana v. Montana
Asks the court to dismiss the case given resolution of Forward Montana v. Montana case
*Link requires login
U.S. District Court, District of Montana, Great Falls Division
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Argued the U.S. Environmental Protection Agency has violated the Clean Water Act by failing to review a Montana law that loosened water quality regulations by replacing numeric water quality standards with narrative ones. Voluntarily dismissed by plaintiffs. — 2 major legal filings, last on May 25.
Dismissed
Plaintiffs
Upper Missouri Waterkeeper
Defendants
United States Environmental Protection Agency, EPA Administrator Michael Regan
Major legal filings
Initial filing that kicks off the lawsuit
Indicates plaintiffs are voluntarily dismissing the case without prejudice, meaning it can be re-filed at a later date.
*Link requires login
Legislative subpoena powers
Cases related to the Republican investigation of alleged liberal bias in the Montana judiciary.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
U.S. Supreme Court
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Montana State Legislature et al. v. McLaughlin (
21-859)
Appeal of Montana Supreme Court decision in dispute over scope of legislative subpoena power and the Legislature’s power to conduct oversight of the judiciary — 5 major legal filings, last on March 21.
Petition Denied
Plaintiffs
Montana State Legislature, Speaker of the House Wylie Galt, Senate President Mark Blasdel, Senate Judiciary Chairman Keith Regier
Defendants
Montana Supreme Court Administrator Beth McLaughlin
Judge
Montana Supreme Court
Related coverage
Montana Free Press
3/21/22
Montana Free Press
1/11/22
Montana Free Press
12/7/21
Major legal filings
Asks the U.S. Supreme Court to take up a case after the Montana Supreme Court ruled against the plaintiffs
Endorses the Legislature’s request that the case be heard before the U.S. Supreme Court
Argues the Supreme Court should not take up the case
3/2/22 –
Reply filed by
plaintiff3/21/22 – Petition Denied filed by the court
Indicates the court has declined to take up the case.
*Link requires login
Montana Supreme Court
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Dispute over scope of legislative subpoena power and the Legislature’s power to conduct oversight of the judiciary — 23 major legal filings, last on December 7.
Decided – Appealed to U.S. Supreme Court
Plaintiffs
Montana Supreme Court Administrator Beth McLaughlin
Defendants
Montana Legislature and the Montana Department of Administration
Judge
Montana Supreme Court
Related coverage
Montana Free Press
12/7/21
Montana Free Press
8/10/21
Montana Free Press
7/14/21
Montana Free Press
6/29/21
Montana Free Press
6/23/21
Montana Free Press
5/13/21
Montana Free Press
4/20/21
Montana Free Press
4/16/21
Major legal filings
Asks court to throw out the case
Temporarily quashes legislative subpoena while case proceeds
4/29/21 –
Response filed by
defendant Montana Dept. of Administration4/30/21 –
Response filed by
defendant Montana LegislatureArgues Supreme Court justices have conflicts of interest and shouldn't preside over the case
Replaces Rice with District Court Judge Donald L. Harris
Argues justices can fairly hear the case
Denies motion seeking to remove Supreme Court justices from the case
Corrected version of prior order
Asks the Court to reconsider its disqualification denial
Argues against the reconsideration request
Asks judge to dismiss case because the Legislature has withdrawn the disputed subpoenas
Resists motion to dismiss, asks for a court ruling that can guide future legislative subpoenas
7/14/21 –
Opinion filed by
the courtUnanimous ruling that the Legislature exceeded the scope of its power by issuing a broad subpoena for judicial records
Asks the Court to reconsider its ruling
Asks the U.S. Supreme Court to take up the case on appeal
Lewis & Clark County District Court
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Legislative subpoena challenge filed in district court by Montana Supreme Court Justice Jim Rice — 17 major legal filings, last on October 6.
Decided
Plaintiffs
Justice Jim Rice
Defendants
Montana State Legislature
Related coverage
Montana Free Press
8/10/21
Montana Free Press
5/13/21
Montana Free Press
4/20/21
Montana Free Press
4/16/21
Major legal filings
Asks district court judge to quash legislative subpoena
Substitutes Judge Mike Menahan for Judge Michael McMahon
Oral arguments about quashing legislative subpoena
Quashed legislative subpoena while case proceeds
Asks for case to be dismissed since Legislature has withdrawn its subpoenas
Denies the motion to dismiss
Grant’s Rice’s request to invalidate past legislative subpoenas but declines to block future subpoenas
Public access
Cases involving public access to legislative proceedings.
TapClick a case for more information. Full legal filings are linked inside case dockets where available (some filings may not be available while MTFP waits on records requests).
Montana Supreme Court
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Associated Press et al. v. Barry Usher (
OP-21-0392)
Appeals decision in GOP caucus access case, 1-DV-21-0124. The Supreme Court upheld the lower court ruling that the gathering of lawmakers could be closed to the public. — 5 major legal filings, last on February 8.
Decided – Dismissal upheld
Plaintiffs
Associated Press, Billings Gazette, Bozeman Daily Chronicle, Helena Independent Record, Missoulian, Montana Standard, Montana Free Press, Ravalli Republic, Lee Enterprises, Hagadone Media Montana, Montana Broadcasters Association, Montana Newspaper Association
Defendants
House Judiciary Committee Chair Barry Usher
Judge
Montana Supreme Court
Major legal filings
Signals that plaintiffs are appealing the case
Arguments justifying appeal
2/8/22 –
Order filed by
the courtUpholds the lower court ruling in a 6-1 decision, with Justice Laurie McKinnon dissenting
Lewis & Clark County District Court
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Access lawsuit filed by group of media outlets after a MTFP reporter was denied entry to a House Judiciary Committee GOP caucus committee meeting. Judge Mike Menahan ruled in July that the gathering of lawmakers didn’t constitute a legal committee quorum and dismissed the case. — 11 major legal filings, last on July 8.
Decided – dismissed
Plaintiffs
Associated Press, Billings Gazette, Bozeman Daily Chronicle, Helena Independent Record, Missoulian, Montana Standard, Montana Free Press, Ravalli Republic, Lee Enterprises, Hagadone Media Montana, Montana Broadcasters Association, Montana Newspaper Association
Defendants
House Judiciary Committee Chair Barry Usher
Related coverage
Montana Free Press
8/10/21
Montana Free Press
2/12/21
Major legal filings
Initial filing that kicks off the case, asking the court to declare the meeting a violation of the Montana Constitution’s right-to-know clause.
Sworn statement from MTFP reporter Mara Silvers describing the situation that triggered the lawsuit.
Asks the judge to rule on the case
Argues case should be dismissed
7/8/21 –
Order filed by
the courtJudicial ruling that dismisses the case
Montana Free Press
Local journalists covering Montana for you.
Reach data reporter Eric Dietrich with questions, comments or bug reports for this project at edietrich@montanafreepress.org.