Montana/Oppose SB21-Removing Supreme Court Enforcment

Opposition Testimony for SB21

Chair and Members of the Committee,

I strongly oppose Senate Bill 21, which threatens the fundamental structure of our democracy by stripping the Montana Supreme Court of its constitutional role in ensuring that our laws align with the Montana Constitution.

Summary of the Bill’s Impact

Writs of mandamus are critical legal tools issued by the Supreme Court to compel elected officials and government agencies to fulfill their legal obligations when they fail to do so. These writs ensure that the Judiciary can enforce the law when another branch of government refuses to act in accordance with its duties.

SB21 would allow Legislative and Executive leadership to override these court orders with a simple joint filing, removing the Supreme Court’s ability to enforce compliance. This bill fundamentally disrupts the balance of powers by allowing lawmakers and the executive branch to nullify judicial oversight, thus shielding themselves from accountability when they violate the law or obstruct democratic processes.

Key Reasons to Oppose SB21

1. SB21 Undermines the Separation of Powers

• The Montana Constitution establishes three co-equal branches of government: the Legislative, Executive, and Judicial branches. Each exists to check and balance the others so that no one branch can act unilaterally to override constitutional protections.

• This bill removes the Judiciary’s ability to enforce constitutional compliance by giving the Legislature and Executive the power to simply dismiss court rulings they disagree with.

• This is not how democracy works. Our courts must remain an independent arbiter of the law, not be subject to the whims of politicians.

2. A Direct Threat to the Rights of Montanans

• The Montana Supreme Court has historically issued writs of mandamus to prevent government officials from delaying or blocking citizen initiatives from appearing on the ballot. This means that SB21 directly limits the people’s ability to challenge unconstitutional actions taken by their government.

• During the 2021 and 2023 Legislative sessions, numerous bills were passed that infringed on Montanans’ constitutional rights, and many of those laws were later struck down by the courts. SB21 would allow the Legislature and Executive branch to override court decisions that protect Montanans’ rights.

• Without a functional judicial check, citizens lose their ability to hold their government accountable.

3. A Step Toward Authoritarian Governance

• SB21 is part of a coordinated attack on the Montana Supreme Court, introduced by the Senate Select Committee on Judicial Oversight and Reform, a body whose actions increasingly suggest an agenda to weaken judicial independence.

• By removing judicial enforcement power, this bill opens the door to abuses of power, allowing elected officials to ignore legal obligations, evade consequences, and impose unconstitutional laws without recourse.

• Historically, authoritarian regimes begin by undermining judicial oversight, eliminating checks on executive and legislative power. A democracy cannot function when politicians are able to ignore court rulings with impunity.

4. Who is Really Behind This Bill? Questioning the Motives and Influences at Play

When examining a bill that so blatantly undermines judicial independence and the democratic process, we must ask: Who benefits?

• Why is the Senate Select Committee on Judicial Oversight and Reform repeatedly targeting the Montana Supreme Court? What special interests are driving this bill?

• Who stands to gain from stripping the Judiciary of its ability to enforce accountability? Politicians who fear their unconstitutional actions will be overturned?

• What role do outside groups and dark money play in this legislation? Is this bill being pushed by unseen lobbyists and political organizations that do not represent the people of Montana?

Montanans deserve transparency in their government. Who is funding and influencing these efforts to dismantle the Supreme Court's power? We know that across the country, well-funded political networks are working to weaken state courts precisely because independent courts are a barrier to extreme, unconstitutional agendas.

The people of Montana did not ask for this bill—it is being pushed from behind closed doors. We demand that the sponsors of this bill disclose who has lobbied for it, who has funded its promotion, and why they believe the Judiciary should lose its ability to enforce the law.

5. The Montana Supreme Court Protects the People

• The Supreme Court exists to protect the constitutional rights of Montanans by reviewing and overturning unconstitutional legislation.

• SB21 would strip the Court’s ability to enforce its own rulings, rendering it powerless to uphold the Constitution.

• When the people of Montana challenge unconstitutional laws, they rely on the Supreme Court’s authority to issue writs of mandamus and compel compliance. This bill removes that safeguard and exposes Montanans to unchecked government overreach.

Conclusion

Senate Bill 21 is not about fairness or efficiency—it is about power. It strips the Judiciary of its constitutional duty to enforce the law and hands that power to politicians, allowing them to override court rulings when they don’t like the outcome.

Montanans depend on the Supreme Court as a check against unconstitutional government actions. The passage of SB21 would weaken democracy, erode accountability, and open the door to government actors who wish to dismantle constitutional protections for personal or political gain.

Furthermore, we must demand full transparency from the bill sponsors. Who is really behind this attack on the courts? The people of Montana deserve to know.

I strongly urge you to vote NO on SB21 to protect the integrity of our democracy and the balance of powers that upholds our freedoms.

Thank you for your time and consideration.

Red MoonEagle Audiss