I am deeply concerned by Representative Matt Regier’s recent attack on the Montana Supreme Court following its unanimous decision to uphold a temporary injunction on Senate Bill 99, which seeks to ban gender-affirming care for minors. Regier’s characterization of the Court as “activists” who are “out of control” is both misleading and harmful to Montanans’ trust in this critical institution.
The decision, supported by all justices – including conservatives – was firmly rooted in the Montana Constitution and longstanding legal precedent. Far from “activism,” this ruling exemplifies the judiciary’s role in upholding the rule of law and protecting constitutional rights. The Court did not create new law; it upheld the rule of law and the constitutional rights of Montanans. Regier’s characterization of the Court perpetuates a false political narrative. This is about legislative overreach, not an activist Court.
This baseless criticism of the Court undermines the foundational principle of the separation of powers. Our Constitution ensures that the judiciary serves as a check on legislative overreach, and that’s precisely what happened here. The legislature passed another law that infringes on fundamental rights, and the Court rightly intervened.
The real issue is not judicial activism but a legislature that refuses to respect constitutional boundaries. Rather than leveling unfounded accusations, lawmakers should reflect on their own duty to pass laws that align with Montana’s Constitution.
It’s time for the legislature to stop these wrongful attacks and respect the Court’s role in our democracy.
Doug James
Billings