HB 915 before the Montana Legislature now, seeks to change Montana’s Constitution by allowing the governor to appoint Supreme Court judges. This stands in stark contrast to both the Montana and U.S .Constitutions’ very structure of government, the separation of powers. Let’s reflect on that. The separation of powers keeps each branch—administrative, legislative and judicial-- independent of the other and on equal footing. No one branch has more or less authority, and each branch adds a check and balance to the other’s power.

Do we really want the Governor, head of the Administrative Branch, to appoint a judge to a co-equal branch? Sounds like overreach to me. It’s also undemocratic. In fact, it sounds like a blatant power grab.

Recommended for you