House Bill 409 aims to protect the Legislature’s authority to enact laws

HELENA, MT – Governor Greg Gianforte on March 25th, signed into law landmark judicial reform legislation to protect the Montana State Legislature’s authority to enact laws.

House Bill 409, sponsored by Representative Steve Fitzpatrick, R-Great Falls, reinforces existing guardrails on Montana courts trying to enjoin laws passed by the Legislature.

“The separation of powers is one of the most cherished traditions in the western world,” Gov. Gianforte said. “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.”

In 2024, the Montana Supreme Court issued a ruling in Stensvad v. Newman Ayers Ranch that adopted a “sliding scale” approach from the Ninth Circuit for evaluating applications for preliminary injunctions and temporary restraining orders, granting courts wide flexibility to hold up laws passed by the Legislature.

House Bill 409 rejects the Court’s effort to revise the framework for granting preliminary injunctions and temporary restraining orders, preventing courts from legislating from the bench. The law directs that only U.S. Supreme Court caselaw should apply when Montana courts consider these applications.

The bill passed the Montana House of Representatives 57-42 and the Montana State Senate 31-18.