Montana

Supreme Court clears way for override poll of vetoed marijuana funds bill • Daily Montanan

Published

2 years ago

March 16, 2024

Supreme Court clears way for override poll of vetoed marijuana funds bill • Daily Montanan

The Montana Supreme Court on Friday afternoon denied the State of Montana’s request to pause a lower court decision ordering the governor and secretary of state to send out an override poll for a marijuana fund redistribution bill Gov. Greg Gianforte vetoed at the end of the 2023 legislative session.

Gianforte and Secretary of State Christi Jacobsen officially filed their notice of appeal on Wednesday of Lewis and Clark County District Court Judge Mike Menahan’s district court rulings, which said the two officials have “interrupted the political process in an impermissible way” by blocking a chance for lawmakers to override the Senate Bill 442 veto.

On Thursday, the two defendants asked the Supreme Court to pause Menahan’s order pending the full appeal, arguing that if the override poll was sent out and lawmakers override the veto, their legal claims will be rendered moot.

But the justices disagreed, saying attorneys for Gianforte and Jacobsen have not proven that is the case, and saying the court is certainly able to address the appeal of Menahan’s ruling on veto procedure while a poll is conducted.

At issue is whether to change how revenue from recreational marijuana taxes is distributed. A supermajority of lawmakers, including both Democrats and Republicans, supported the idea of allocating more of the revenue toward outdoor and wildland habitat acquisition and distributing it to counties for road improvement, ideas which Gianforte rejected.

“Because the fate of SB 442 could ultimately go either way, a stay denial does not moot Appellants’ appeal. Appellants have not demonstrated irreparable harm,” six justices wrote in Friday’s unanimous opinion. The only justice who did not sign the opinion was Dirk Sandefur.

The justices did allow the appeal to proceed, but the high court’s order means that the governor will have to send his veto message to Jacobsen, who will have to send out an override poll to lawmakers by March 19, next Tuesday, per Menahan’s order.

“We are thankful to the Montana Supreme Court for upholding the constitution and requiring the governor and secretary of state to issue the override poll with haste,” said Noah Marion, the political and state policy director for Wild Montana, one of three plaintiff groups in the case that helped craft the bill last year. “We look forward to helping Sen. (Mike) Lang and the Legislature finally make SB 442 law; sending millions of dollars across Montana benefitting infrastructure, veterans, mental health, agriculture and timber industries, wildlife, public access, hunter and anglers.”

Once the override poll is sent out next week, it will have been more than 10 months since Gianforte vetoed the bill, sponsored by Sen. Mike Lang, R-Malta, which passed with 130 votes out of 150 possible, in what would be the final hours of the legislative session.

Senators did not learn the bill had been vetoed until they adjourned sine die last May 2, causing a storm of confusion among lawmakers and lobbyists who worked for months to get the bill into its final form and brought in a wide range of supporters on the industry side and among lawmakers because it both put more money toward a Habitat Legacy conservation program and funded county road maintenance.

Competing bills supported by the governor and some Republicans sought to put more money toward the Department of Justice and the General Fund but were pushed aside by lawmakers in favor of the final version of SB 442.

The question at the heart of Gianforte’s veto was whether he properly vetoed the bill while the full Legislature was still in session or not, as his office had said he vetoed the bill before the Senate adjourned, but the veto message was never read across the Senate rostrum where the bill originated. The governor and a legal opinion from the code commissioner each maintained that since the House was still in session, the full body was in session.

But the plaintiffs – Wild Montana, the Montana Association of Counties, and the Montana Wildlife Federation – sued to challenge their stance, saying lawmakers must have an opportunity to override a veto, and had not gotten one.

After hearing arguments in the case in December, Menahan in January ordered Gianforte to transmit the veto to the Secretary of State and for her to send the override poll out to lawmakers. Two-thirds of the Legislature will have to vote to override the veto for it to be successful.

The governor balked at the order, asking Menahan to pause his own order in February. But Menahan also denied the stay request, saying time was running out before the 2025 session starts and the lawmakers must have the chance to vote on an override or the “crucial balance of powers” will be upset between the branches of government.

“Staying the court’s judgment would allow Gianforte to continue to exercise an unconstitutional level of control over the lawmaking process,” Menahan wrote in the order earlier this month. “Regardless of Gianforte’s motives in relation to SB442 specifically, he advocates for a troubling precedent.”

The Governor’s Office had told the Daily Montanan in February it planned to appeal Menahan’s Janaury decision to the Supreme Court, but it did not file that notice until this week, along with the request for the stay.

The Supreme Court’s four-page opinion returned one day after the request for the stay says the court can get to the bottom of the constitutional veto issues without one.

“Although the Legislature must vote on whether to override SB 442, the outcome of the underlying appeal will determine whether the District Court’s ruling was correct, and therefore whether the governor’s veto ultimately stands over the Legislature’s vote,” the justices wrote. “This Court can address the underlying issue in due course regardless of whether we issue a stay.”

The court’s ruling clears the way for the groups and Lang to try to keep hold of the strong bipartisan support they received for the bill at the end of last year’s session. The governor’s request for a stay postulated that perhaps support has waned in the months since the session. But the plaintiffs in the case say they are pleased that they will have the opportunity to prove that theory wrong.

“Despite ongoing attempts to stall, the courts have upheld the necessity for legislative involvement in the veto override process,” said MACo Executive Director Eric Bryson. “We appreciate and commend the Supreme Court for promptly addressing the matter.”

wildmontana-state-stay-denied

Source link

Click to comment

Montana

Montana pediatrician group pushes back against CDC vaccine changes

Published

2 hours ago

January 9, 2026

Press Room

Montana pediatrician group pushes back against CDC vaccine changes

This story is excerpted from the MT Lowdown, a weekly newsletter digest containing original reporting and analysis published every Friday.

On Monday, Jan. 5, the Centers for Disease Control and Prevention announced it would downgrade six vaccines on the routine schedule for childhood immunizations. The changes scale back recommendations for hepatitis A and B, influenza, rotavirus, RSV and meningococcal disease.

That decision — shared by top officials at the federal Department of Health and Human Services — took many public health experts by surprise, in part because of how the administration of President Donald Trump departed from the CDC’s typical process for changing childhood vaccine recommendations.

Montana Free Press spoke to Atty Moriarty, a Missoula-based pediatrician and president of the Montana Chapter of the American Academy of Pediatrics, about her perspective on the CDC’s changes. The interview has been edited for length and clarity.

MTFP: What happened in this most recent change and how does that differ from the CDC’s normal process for adjusting childhood vaccination schedules?

Moriarty: The way that vaccines have traditionally been recommended in the past is that vaccines were developed, and then they traditionally went through a formal vetting process before going to the [CDC]’s Advisory Committee on Immunization Practices, or ACIP, which did a full review of the safety data, the efficacy data, and then made recommendations based on that. Since November 2025, that committee has completely been changed and is not a panel of experts, but it is a panel of political appointees that don’t have expertise in public health, let alone infectious disease or immunology. So now, this decision was made purely based unilaterally on opinion and not on any new data or evidence-based medicine.

MTFP: Can you walk through some of the administration’s stated reasons for these changes?

Moriarty: To be honest, these changes are so nonsensical that it’s really hard. There’s a lot of concern in the new administration and in the Department of Health and Human Services and the CDC that we are giving too many immunizations. That, again, is not based on any kind of data or science. And there’s a lot of publicity surrounding the number of vaccines as compared to 30 years ago, and questioning why we give so many. The answer to that is fairly simple. It’s because science has evolved enough that we actually can prevent more diseases. Now, some comparisons have been made to other countries, specifically Denmark, that do not give as many vaccines, but also are a completely different public health landscape and population than the United States and have a completely different public health system in general than we do.

MTFP: Where is the American Academy of Pediatrics [AAP] getting its guidance from now, if not ACIP?

Moriarty: We really started to separate with the [CDC’s] vaccine recommendations earlier in 2025. So as soon as they stopped recommending the COVID vaccine, that’s when [AAP] published our vaccine schedule that we have published for the last 45 years, but it’s the first time that it differed from the CDC’s. We continue to advocate for immunizations as a public health measure for families and kids, and are using the previous immunization schedule. And that schedule can be found on the [AAP’s] healthychildren.org website.

MTFP: Do any of the recent vaccine scheduling changes concern you more than others?

Moriarty: I think that any pediatrician will tell you that 20-30 years ago, hospitals were completely full of babies with rotavirus infection. That is an infection that is a gastrointestinal disease and causes severe dehydration in babies. I’m nervous about that coming roaring back because babies die of dehydration. It’s one of the top reasons they’re admitted to the hospital. I’m nervous about their recommendation against the flu vaccine. [The U.S. is] in one of the worst flu outbreaks we’ve ever seen currently right now and have had many children die already this season.

MTFP: Do you think, though, that hearing this changed guidance from the Trump administration will change some families’ minds about what vaccines they’ll elect to get for their children?

Moriarty: Oh, absolutely. We saw that before this recommendation. I mean, social media is such a scary place to get medical information, and [listening to] talking heads on the news is just really not an effective way to find medical information, but we see people getting it all the time. I meet families in the hospital that make decisions for their kids based on TikTok. So I think that one of the effects of this is going to be to sow more distrust in the public health infrastructure that we have in the United States that has kept our country healthy.

LATEST STORIES

Former judge-elect sentenced to probation in drug case

A Lake County attorney who was elected judge but resigned before even taking the bench was sentenced to three years of probation in the very courtroom he was once going to oversee.

Group refiles corporate political spending ban days after court setback

The Transparent Election Initiative, an anti-dark money group, filed with the Montana Secretary of State two ballot initiatives that aim to prevent corporate political spending. The filing came just two days after the state Supreme Court found an earlier version of the initiative legally insufficient.

Source link

Montana

Montana Lottery Lucky For Life, Big Sky Bonus results for Jan. 8, 2026

Published

14 hours ago

January 9, 2026

Press Room

The Montana Lottery offers multiple draw games for those aiming to win big. Here’s a look at Jan. 8, 2026, results for each game:

Winning Lucky For Life numbers from Jan. 8 drawing

05-12-13-39-48, Lucky Ball: 13

Check Lucky For Life payouts and previous drawings here.

Winning Big Sky Bonus numbers from Jan. 8 drawing

05-15-20-28, Bonus: 16

Check Big Sky Bonus payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

When are the Montana Lottery drawings held?

Powerball: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Mega Millions: 9 p.m. MT on Tuesday and Friday.
Lucky For Life: 8:38 p.m. MT daily.
Lotto America: 9 p.m. MT on Monday, Wednesday and Saturday.
Big Sky Bonus: 7:30 p.m. MT daily.
Powerball Double Play: 8:59 p.m. MT on Monday, Wednesday, and Saturday.
Montana Cash: 8 p.m. MT on Wednesday and Saturday.

Missed a draw? Peek at the past week’s winning numbers.

Winning lottery numbers are sponsored by Jackpocket, the official digital lottery courier of the USA TODAY Network.

Where can you buy lottery tickets?

Tickets can be purchased in person at gas stations, convenience stores and grocery stores. Some airport terminals may also sell lottery tickets.

You can also order tickets online through Jackpocket, the official digital lottery courier of the USA TODAY Network, in these U.S. states and territories: Arizona, Arkansas, Colorado, Idaho, Maine, Massachusetts, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Puerto Rico, Washington D.C., and West Virginia. The Jackpocket app allows you to pick your lottery game and numbers, place your order, see your ticket and collect your winnings all using your phone or home computer.

Jackpocket is the official digital lottery courier of the USA TODAY Network. Gannett may earn revenue for audience referrals to Jackpocket services. GAMBLING PROBLEM? CALL 1-800-GAMBLER, Call 877-8-HOPENY/text HOPENY (467369) (NY). 18+ (19+ in NE, 21+ in AZ). Physically present where Jackpocket operates. Jackpocket is not affiliated with any State Lottery. Eligibility Restrictions apply. Void where prohibited. Terms: jackpocket.com/tos.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Great Falls Tribune editor. You can send feedback using this form.

Source link

Montana

Montana minimum wage increases to $10.85 | Explore Big Sky

Published

1 day ago

January 8, 2026

Press Room

Montana minimum wage increases to .85 | Explore Big Sky

By Micah Drew DAILY MONTANAN

With the start of the new year, Montanans on the lowest end of the pay scale will get a small boost as the state’s mandatory minimum wage increase goes into effect.

As of Jan. 1, Montana’s minimum wage increased from $10.55 to $10.85.

Stemming from a 2006 law, Montana’s minimum wage is subject to a cost-of-living adjustment, based on the national increase in the consumer price index published by the Bureau of Labor Statistics.

According to state law, Montana businesses not covered by the federal Fair Labor Standards Act are those whose gross annual sales are $110,000 or less may pay $4 per hour.

Montana is one of 30 states — plus Washington D.C., Puerto Rico, Guam and the U.S. Virgin Islands — that have a minimum wage higher than the federal rate of $7.25.

Twelve states, plus D.C. adjust their wages annually based on set formulas.

Montana has one of the lowest minimum wages that exceeds federal levels, with only West Virginia coming in lower among states at $8.75. The highest minimum wage is in D.C., at $17.25.

Source link