Montana’s Judicial Power Grab
Reproductive rights advocates have been screaming: pay attention to what’s happening in the states. If you want to see what’s next on the national agenda—especially when it comes to reproductive rights and LGBTQ+ care—look no further than restrictive places like Texas, Idaho, and Montana. These are what we call ground zero for reproductive rights, as the worst stuff tends to happen there first and creates a blueprint for other red states around the country to follow.
This week, The New York Times pulled back the curtain on an escalating attack in Montana—not on abortion access or gender-affirming care specifically (although those are certainly under fire too)—but on the judiciary itself. Yes, the branch of government that’s supposed to check legislative overreach is now under siege by lawmakers who didn’t like being told “no.”
Let’s break it down…
What’s happening in Montana?
Even before Roe v. Wade was overturned in 2022, Montana lawmakers were laser-focused on banning abortion. They passed three laws restricting access—but those laws were ruled unconstitutional by a district judge in Yellowstone County.
In April 2023, they banned gender-affirming care for minors. That law? Blocked by a district judge in Missoula County.
And, both rulings were upheld by the Montana Supreme Court in late 2024.
That didn’t sit well with conservative lawmakers. Instead of respecting the courts’ role in interpreting the Constitution, Republican leaders vowed retaliation. Their message? “Buckle up.” So, Montana Republicans have introduced more than 30 bills aimed at reshaping the state’s judicial system. Why? Because courts blocked some of their most extreme legislation: bans on abortion, attacks on gender-affirming care for minors, and even laws undermining environmental protections.
They’re pushing to:
Turn judicial elections into partisan races, making judges run with political party labels.
Create a new constitutional court—stacked with judges appointed by the governor and approved by the legislature.
And yes, even propose that a judge’s facial expression could be grounds for disqualification due to “bias.” (We wish we were joking.)
Why this matters for reproductive freedom
These attacks on the judiciary aren’t just about the courts. They’re about clearing a path for extreme laws that won’t hold up under constitutional scrutiny. Because according to these people, if you can't pass laws that survive a fair legal challenge? Just change the rules—and the referees.
This is particularly dangerous in a state like Montana, where the state constitution (adopted in 1972) has long protected individual rights and privacy, making it a powerful tool in defending abortion access. Sound familiar? That's exactly how advocates in Michigan used their state constitution to enshrine reproductive rights in 2022.
But if politicians can gut the courts, those constitutional protections don’t stand a chance.
What we’re seeing is strategic—and it’s spreading
Montana isn’t alone. In Kansas, Missouri, Utah, and beyond, state lawmakers are targeting judges in retaliation for rulings that don’t align with far-right agendas. This is the new playbook: If you can’t win fairly, tilt the board.
It’s like a “can’t beat em, join em” kind of thing… but instead it’s can’t beat em, change em.
And with the Trump campaign fanning the flames nationally, we should expect to see more of this judicial power grab in 2025 and beyond.
So what do we do about it?
Name what’s happening. This isn’t about “balance” or “transparency”—it’s about stripping courts of their independence so extremist laws can go unchecked.
Defend state constitutions. These documents have become critical shields in protecting reproductive care, LGBTQ+ rights, environmental justice, and more. Weakening the courts weakens that shield.
Invest in local and state advocacy. Young organizers in Montana (shoutout to Forward Montana!) are showing up and speaking out. We need to support that kind of work in every state.
Stay loud and stay informed. These battles aren’t always front-page news, but they’re shaping the future of our rights.
At Take Back Trust, we believe that your healthcare should be between you and your provider—not you, your provider, and a legislature trying to rig the courts so they can control your body.
We’ll be watching Montana—and every other state playing these games. We’ll keep breaking it down, keeping it real, and helping you navigate the chaos.
Because reproductive freedom isn’t just about access to care—it’s about the systems that protect it. And when those systems are under attack, we all need to show up.
