Ruling distorts role of judicial branch

“This is unconstitutional” has become a frequently used phrase intended to subvert the logic and rational understanding of the Montana Constitution.

When improperly applied, it perverts the intended checks and balances of our three-branch state government system. If a person, group, or political party doesn’t like the political content of an issue, they cry “unconstitutional.” This takes our process of state government that was intended be a matter of adjudication and inappropriately inserts politics. 

An egregious example is current Montana supreme court candidate Jerry Lynch, who stated at a December fundraiser, “The judiciary is the last bastion against a supermajority, so to speak. And you know what I’m talking about.”