Gianforte Signs Landmark Judicial Reform

overnor Greg Gianforte signed House Bill 409 into law today, marking a significant judicial reform aimed at safeguarding the Montana State Legislature’s authority to enact laws.

Sponsored by Representative Steve Fitzpatrick (R-Great Falls), the new law reinforces existing restrictions on Montana courts when considering injunctions against laws passed by the Legislature.

“The separation of powers is one of the most cherished traditions in the western world,” Gianforte stated. “House Bill 409 protects the ability of the Legislature to pass laws from judicial overreach, ensuring our constitutional balance of powers is respected. I thank Representative Fitzpatrick for leading this effort to restore balance to our constitutional system.”

The bill comes in response to a 2024 Montana Supreme Court ruling in Stensvad v. Newman Ayers Ranch, which adopted a “sliding scale” approach from the Ninth Circuit for granting preliminary injunctions and temporary restraining orders. This method allowed courts greater flexibility in halting laws before they took effect.

House Bill 409 rejects this approach, clarifying that Montana courts must follow only U.S. Supreme Court precedent when considering such legal challenges. Supporters argue this prevents courts from overstepping their role and ensures legislative decisions are not unduly stalled by judicial intervention.

The bill passed the Montana House of Representatives by a 57-42 vote and the State Senate by a 31-18 margin before reaching the governor’s desk.

By: Politics406 staff