Thursday, December 19, 2024

The Lesson From Montana, Stop Judicial Usurpation Before It Becomes Too Late

By Rob Natelson

From time to time I’ve told the story of how the left-leaning activists on the Montana Supreme Court exercise oligarchical control over the people of the state state—see, for example, herehere, and here. (“Oligarchy” means “rule by the few, as opposed to “democracy,” rule by the people.)

By misconstruing parts of the state constitution, the Montana justices have snatched state public policy from the democratic branches of government. Among the areas of policy where the justices’ political preferences are decisive are election law, environmental law, business regulation, and health law.

In those areas, the court severely restricts the options open to the people’s elected representatives. For example, when the legislature decided to move back the voter registration deadline from Election Day to the day before, the court declared the change unconstitutional. (Of course, the deadline for registration traditionally has been a full month before Election Day.) The court didn’t give the legislature even 24 hours leeway!

Wednesday, December 18, 2024

Global Warming Can’t Be Ignored, Montana’s Top Court Says, Upholding Landmark Climate Case

By Amy Beth Hanson 

Updated 3:26 PM MST, December 18, 2024

HELENA, Mont. (AP) — Montana’s Supreme Court on Wednesday upheld a landmark climate ruling that said the state was violating residents’ constitutional right to a clean environment by permitting oil, gas and coal projects without regard for global warming.

The justices, in a 6-1 ruling, rejected the state’s argument that greenhouse gases released from Montana fossil fuel projects are minuscule on a global scale and reducing them would have no effect on climate change, likening it to asking: “If everyone else jumped off a bridge, would you do it too?”

The plaintiffs can enforce their environmental rights “without requiring everyone else to stop jumping off bridges or adding fuel to the fire,” Chief Justice Mike McGrath wrote for the majority. “Otherwise the right to a clean and healthful environment is meaningless.”

Only a few other states, including Hawaii, Illinois, Pennsylvania, Massachusetts and New York, have similar environmental protections enshrined in their constitutions.

Monday, November 25, 2024

Tax Cuts, Teacher Pay Boosts, Prison Expansion Shape Governor Gianforte’s Budget Proposal

By Eric Dietrich and Mara Silvers.

Fresh off a reelection win, Republican Gov. Greg Gianforte has proposed that Montana lawmakers adopt a two-year state budget that prioritizes further tax cuts alongside investments in public safety and education. The proposal represents a starting point for budget negotiations that will occur in and out of public view through the 2025 Legislature. 

To learn more, click here

Saturday, November 16, 2024

Gail Bell: Others Dictated For Her

http://missoulian.com/news/opinion/mailbag/mother-s-death-provided-painful-personal-example-of-need-to/article_3c8a1d98-1a9c-11e4-bb8e-001a4bcf887a.html

The July 25 guest column by Sara Myers and Dustin Hankinson begins with a discussion of pain, “great pain,” specifically. The paragraph goes on to use the phrase “great pain” to justify “death with dignity,” meaning assisted suicide and euthanasia.

With their column, I couldn’t help but think of my mother’s last years and the decision of others that it was time for her to die. Pain was used as a justification for increases in her medication – to get the job done. This happened three times before she finally died in the hospital on Sept. 6, 2010. The coroner’s report, case No. 100906, lists the cause of death as congestive heart failure with oxygen deprivation and “fentanyl therapy.” The manner of death is listed as “accident.”

Fentanyl is reported “to be 80 to 200 times as potent as morphine.” It’s also well known that fentanyl patch problems cause overdoses, injuries and deaths. See www.aboutlawsuits.com/fentanyl-patch-problems-continue-overdose-deaths-55136. A 100 mcg/hour fentanyl patch has a range within 24 hours of 1.9-3.8 ng/mL. Mom’s death result was 2.7 ng/mL on/or about 48 hours.