Montana

Montana Viewpoint: The push to politicize the courts

Published

1 year ago

January 14, 2025

Montana Viewpoint: The push to politicize the courts

Jim Elliott

The 1^st Alabama Cavalry Regiment, United States Volunteers, is not a well-known outfit in the history of the Civil War, but it fought alongside General Sherman and served as his escort in the march from Atlanta to the Sea. The regiment was raised in Huntsville, Alabama.

They were men of the northern Alabama hill country who were loyal to the Union and refused to be drafted into the Confederate forces that controlled the state. It was common for areas of Tennessee, Alabama, and Mississippi to contain citizens of anti-Confederate, pro-Union sympathizers. Indeed, the citizens of today’s West Virginia live in a state that seceded from the Confederate state of Virginia.

I raise this issue to point out that in a political climate that seems to be unified there are always some individuals, groups of people, and even entire geographical areas that think independently from the majority. It is hard for the majority to tolerate this, let alone believe it. But it is something to be reckoned with when we come to Montana politics and especially with those Oregonians, Idahoans, Washingtonians, and yes, Californians who want to form their own state which is free from the liberally political coastal areas.

Here in Montana, we have, and have always had, enclaves of people with different political views who have had to live in political jurisdictions that they disagree with. It is tough, because while the laws are created and enforced by the majority, they have to be obeyed by everyone. This raises a point that I think is willfully ignored by majority governments and that is that the majority ought to be sensitive and accommodating, within reason, to the sensibilities of the minority among them.

Missoula County is a good place to examine. In the Legislature I represented the rural areas of western Missoula County, as well as Mineral and Sanders Counties. It seemed the further one got from downtown Missoula the less love there was for it, but at the same time, it was the trade center for the area, so, like it or not, we had to deal with it.

Now, even though we Montanans believe we are a people of free thinkers, often that means we really want everyone to be free to think exactly like we do, and so tolerance is not high on our list of ways to treat those with different viewpoints.

It has always seemed strange to me that one level of government wants to impose conformity on those governments beneath it, even though they are elected by the same people. So, what might be good for the people of the city of Missoula might not be welcomed by the entirety of Missoula County and there might be conflict between the city and county governments. And definitely, with Republican control of the state government, there is conflict of conservative state government with liberally controlled city governments. This leads to the state passing laws to restrict the abilities of the city government to enact laws that their local citizens want to see.

And once laws are passed that create conflict between those two forces, who decides? Why, the courts, of course, which are non-partisan. For now.

The current Republican idea is to bring the courts to rule in favor of the laws passed by the state government, which presently the courts often disagree with, and so rule against. By being able to put political party labels on judicial positions the majority government can rule the state as it sees fit and control the independence of the lesser governments. To this end, The Republican party in Montana is hoping to enact laws that can help elect courts that are more in tune with Republican thinking.

Probably the most important decision in the writing of the 1972 Montana Constitution was to have the delegates seated in alphabetical order rather than by political party. Who made the motion is lost to history, but the decision itself made history. It freed the delegates from the bonds of political pressure that happen when people are surrounded by others of the same political opinion. It allowed delegates to interact as individuals, rather than political robots. It allowed delegates to think and to contemplate ideas that had a diversity not found in party politics.

It would be good to return to that method today.

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Montana

February 26 recap: Missoula and Western Montana news you may have missed today

Published

9 hours ago

February 27, 2026

Press Room

February 26 recap: Missoula and Western Montana news you may have missed today

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Montana

Escobar, Jayapal, Members of Congress Call on Camp East Montana to be Shut Down – Congresswoman Pramila Jayapal

Published

21 hours ago

February 26, 2026

Press Room

Escobar, Jayapal, Members of Congress Call on Camp East Montana to be Shut Down – Congresswoman Pramila Jayapal

(Washington, D.C.) – Today, Congresswoman Veronica Escobar (TX-16) – joined by Representative Pramila Jayapal, the Ranking Member of the Immigration Integrity, Security, and Enforcement Subcommittee, and 22 other Members of Congress – sent a letter to Department of Homeland Security (DHS) Secretary Kristi Noem and Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons calling for the immediate closure of Camp East Montana in El Paso. They cite urgent humanitarian concerns following multiple deaths in custody, documented unsafe conditions, and serious deficiencies in medical care.

This marks the fourth letter Congresswoman Escobar has sent to DHS and ICE leadership. The previous three letters have gone unanswered.

The letter can be found in its entirety below and here.

“Secretary Noem and Acting Director Lyons:

We are urgently calling on the Department of Homeland Security (DHS or the Department) and U.S. Immigration and Customs Enforcement (ICE) to shut down Camp East Montana in El Paso, Texas.

Camp East Montana has been operational for six months, and at least three people have died at the site since December 2025: Francisco Gaspar-Andres, Geraldo Lunas Campos, and Victor Manuel Diaz. The El Paso County Medical Examiner has officially ruled Lunas Campos’ death a homicide, citing “asphyxia due to neck and torso compression.”

Camp East Montana was constructed in a matter of weeks and opened before construction was complete and it does not have enough federal staff on-site to provide adequate oversight. Over the last several months, Congresswoman Veronica Escobar, in whose district this facility is located, has sent multiple letters to DHS and ICE regarding concerns about the conditions at Camp East Montana, and has received no responses.

According to detainees, there have been constant and consistent problems at the facility since it opened, beginning with the facility’s poor construction and poor ambient temperature control. Upon opening, the drinking water at Camp East Montana tasted foul and made some detainees sick. Detainees continue to be served inadequate meals, including food that is rotten or frozen; last fall, the facility was also consistently failing to make dietary accommodations for detainees. Detainees have shared that they have sporadic access to outside spaces and recreational areas, and that their dormitory pods are cleaned only once every eight days, despite pods housing up to 72 people at a time. Laundry services are not consistent, and people are washing their clothes in the facility showers. Additionally, the facility experiences flooding and sewage backups when it rains, leading to stagnant water.

One of the biggest concerns with the Camp East Montana facility is the inadequate medical care being provided to detainees. Our offices have heard that only the most ill detainees are referred to the medical unit and that there are inconsistencies as to how soon after arriving detainees are able to undergo initial medical screenings. Detainees with chronic health issues who rely on regimented medications for their health have had difficulty accessing necessary medications, including blood pressure medication and insulin.

At least one of the deaths that occurred in ICE custody, the death of Francisco Gaspar-Andres, appears to partially be the result of poor medical care by staff at the facility. According to ICE’s own account, Gaspar-Andres sought medical attention from facility staff for increasingly serious symptoms, but was only transferred to an area hospital once his condition had severely deteriorated.

In addition to our concerns about poor medical care, we are also aware that detainees have experienced irregular access to their legal counsel, including instances of detainees having only two minutes allotted per phone call every 8 days, which is contrary to ICE’s Detention Standards on access to counsel, and that the belatedly created law library lacks adequate resources for the amount of people currently held at the facility. In January 2026, ICE announced the on-site death of Geraldo Lunas Campos “after experiencing medical distress.” ICE opened an investigation into the death, but did not provide a cause of death. However, The Washington Post later reported that another man detained at Camp East Montana had witnessed guards choking Lunas Campos when he refused to enter a segregated housing unit. Weeks later, the El Paso County Medical Examiner ruled that Lunas Campos had experienced “asphyxia due to neck and torso compression” and ruled his death a homicide.

Lunas Campos is the first detainee to die at Camp East Montana as a result of a use-of-force incident, but we are strongly concerned that he will not be the last if ICE is allowed to continue operating Camp East Montana.

ICE was given $45 billion in taxpayer dollars in the reconciliation bill, $1.2 billion of which were awarded to Acquisition Logistics, LLC, a company with no previous experience managing immigration detention facilities, to build and oversee Camp East Montana. However, in the wake of three deaths in custody so far, continued concerns about conditions at the facility, and ICE’s apparent disinterest in responding to oversight letters from Congress, we do not believe Camp East Montana is being run professionally or responsibly.

Camp East Montana must be shut down. For the safety of everyone at the facility, for an end to abuses to detainees, and for fiscal responsibility to the American people, the site cannot continue to operate. We are calling on DHS and ICE to move to immediately close operations at Camp East Montana.

We look forward to hearing from the Department promptly on this matter.

The other co-signers include Representatives Yassamin Ansari, Nanette Barragán, Yvette Clarke, Lloyd Doggett, Maxwell Frost, Jesús “Chuy” García, Sylvia Garcia, Daniel Goldman, Jimmy Gomez, Henry Johnson, Stephen Lynch, Seth Moulton, Eleanor Holmes Norton, Delia Ramirez, Andrea Salinas, Janice Schakowsky, Darren Soto, Rashida Tlaib, Paul Tonko, Lauren Underwood, Gabe Vasquez, and Nydia Velázquez.

Issues: Immigration

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Montana

Governor’s energy task force continues public discussions on data centers

Published

1 day ago

February 26, 2026

Press Room

Governor’s energy task force continues public discussions on data centers

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