Preliminary Injunctions and the Montana 2025 Legislative Session's (Mostly Unsuccessful) Attempt to Reshape the Judiciary

Document Type

Article

Publication Date

3-5-2026

First Page

135

Volume

87

Issue

1

Source Publication Abbreviation

Montana Law Review

Abstract

This short essay surveys 39 bills introduced during the 2025 Montana legislative session that targeted the judiciary. While most failed, nine became law. The essay organizes these bills into five categories: (1) changing judicial elections, (2) increasing the legislature’s oversight and authority over the courts, (3) changing the standards applicable to sitting judges, (4) creating non-Article VII courts and stripping Article VII courts of jurisdiction, and (5) changing the standards and processes in civil cases. The hope is that this short piece serves as a springboard for further research and dialogue on the origins and implications of this unprecedented legislative session. Particular attention is given to House Bill 409, which prohibits Montana courts from using variations of the preliminary injunction test set forth in Mont. Code Ann. § 27-19-201. Despite this new prohibition, Montana courts can still consider federal precedent when deciding whether to grant a preliminary injunction.

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