Defending Montana’s Judiciary & Constitutional Rights: A Statement from Co-Executive Directors Following Historic Ruling

Held v. Montana youth plaintiff Claire at the Montana Supreme Court after oral arguments in July 2024. Photo by Robin Loznak

By Julia Olson and Mat dos Santos, Co-Executive Directors

It is deeply concerning to witness the attacks on Montana's judiciary by elected officials following the Montana Supreme Court's historic decision in Held v. State of Montana. These attacks, seemingly driven by fossil fuel special interests, reflect a troubling disregard for the true meaning of liberty and the right to life and property—not to mention the sworn duty of public officials to uphold and defend the Constitution.

Safeguarding fundamental rights and protecting public and private property from state abuses were once principles that united conservatives and Republicans across the nation.

The right to life encompasses more than existence; it includes the right to breathe clean air, free from the choking effects of climate-fueled wildfire smoke. It includes the right to hunt, fish, and rely on nature’s bounty; the right to cold, flowing rivers that sustain ranching and agriculture; and the right to enjoy the unparalleled natural beauty and solitude of Montana—“The Last Best Place.” These are values the framers of Montana's Constitution cherished, and they remain rights and freedoms on which we should all agree.

By affirming these principles, the Montana Supreme Court has upheld rights that have been inherent to humanity since time immemorial and enshrined in our constitutions since the inception of democracy.

No single economic interest, including those of the fossil fuel industry, can justifiably outweigh the fundamental rights secured by the people in their constitution.

The recent threats to the independence and integrity of Montana’s judiciary by special interests in response to this landmark ruling are attacks not only on the courts but also on the Constitution, liberty, and democracy itself. Our Constitution—and the fundamental rights it guarantees—remains the people’s final defense against tyranny. Efforts to undermine the judiciary’s role in protecting these rights are, in essence, attempts to weaken the very foundation of democracy.

We must stand united in upholding the vision of justice, equality, and opportunity that the framers envisioned. Above all, we must commit to securing a safe and livable future for our children and generations to come.

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