Court: ‘Hijacked’ law violates Montana Constitution
Ruling says Legislature violated constitution when public was excluded from last-minute amendments to bill
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News from Raph Graybill and Rylee Sommers-Flanagan
HELENA — Judge Menahan of the First Judicial District Court held on Feb. 3 that Senate Bill 319, which legislators amended heavily in a closed 16-minute hearing just a day before the end of the 2021 legislative session, violates the Montana Constitution.
A diverse coalition of plaintiffs, including Leo Gallagher (County Attorney for Lewis & Clark County), the Montana Association of Criminal Defense Lawyers, Forward Montana, and others, challenged the bill last summer, alleging that legislators snuck in new provisions without public comment or input in the waning hours of the legislative session. While the original bill made modest changes to obscure campaign finance laws, at the last minute during a “free conference committee” legislators added provisions banning a wide range of First Amendment activities on college campuses and creating new rules for the recusal of judges.
The plaintiffs said these provisions violated the Montana Constitution’s requirements for lawmaking that ensure the public is informed about proposed laws and can participate in the legislative session. The Montana Constitution allows citizens to sue to invalidate laws that violate these requirements.
The plaintiffs were represented by Raph Graybill of Graybill Law Firm and Rylee Sommers-Flanagan and Constance Van Kley of Upper Seven Law.
“Today’s ruling is a victory for our constitution and the rule of law,” said Graybill. “It sends a clear message that the Montana legislature is not above the law.”
“The legislature failed to abide by the Montana Constitution’s few simple rules on lawmaking,” said Sommers-Flanagan. “The court has simply held that the Constitution remains supreme.”
