Montana

Montana Viewpoint: The push to politicize the courts

Published

10 months 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

2025 Montana high school football scores week 9

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15 hours ago

October 30, 2025

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2025 Montana high school football scores week 9

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Montana

Montana Morning Headlines: Wednesday, October 29, 2025

Published

1 day ago

October 29, 2025

Press Room

WESTERN MONTANA — Here’s a look at Western Montana’s top news stories for Wednesday.

The University of Montana removed Business Professor Anthony Richard Pawlisz from faculty after he was charged with criminal endangerment in Ravalli County court. Pawlisz allegedly pulled a gun on a man and fired a shot into the air after a fight outside of a bar in Florence on Aug. 17, according to court documents. His former class will continue under Professor Udo Fluck. (Read the full story)

Nathaniel Luke Smith pleaded guilty to disorderly conduct on Monday after posing a threat to Mission High School on Oct. 8, which prompted increased police presence while classes continued. Smith is also serving a three-year deferred sentence for intimidation from an incident in November 2024. (Read the full story)

Montana Governor Greg Gianforte said he will not be using state funds to temporarily cover SNAP benefits for nearly 78,000 enrolled Montanans if federal funding runs out on Nov. 1. Amidst a government shutdown, he said it’s a federal responsibility — despite calls from Democrats and food banks to use leftover state money. (Read the full story)

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Montana

Army Veteran and Fourth-Generation Montana Rancher Announces Run for Montana’s First Congressional District

Published

2 days ago

October 28, 2025

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Army Veteran and Fourth-Generation Montana Rancher Announces Run for Montana’s First Congressional District

Matt Rains recently announced his campaign for Montana’s First Congressional District seat. Rains, a Democrat, is a fourth-generation Montana rancher, U.S. Army Veteran, and former Chief of Staff for the Montana Farmers Union.

“I am running for Congress because Montanans deserve better,” said Rains. “Like my neighbors and friends, I see and feel the cost of everything going up in Montana – and Ryan Zinke is making it worse by voting to support the tariffs and cutting Medicaid to drive up our health care costs.

“When I see a problem, I run towards it to find a solution: when our country was at…

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