- Montana challenges 220-year-old Marbury v. Madison precedent on judicial review
- Kansas seeks to overhaul Supreme Court justice selection process
- Oklahoma bill restricts judges' interpretation of ambiguous laws
- 20+ states consider measures reducing judicial independence
The growing conflict between Republican legislators and state judiciaries reached new intensity this legislative season. Analysts from the National Center for State Courts reveal at least 15 states have proposed bills challenging traditional separation of powers, marking a 40% increase from 2022 proposals. This coordinated effort follows decades of frustration over court decisions impacting education funding, abortion rights, and executive authority.
In Montana, lawmakers advanced a resolution declaring judicial review of legislation a constitutional myth.This direct challenge to the 1803 Marbury v. Madison precedent comes after courts blocked three anti-abortion laws and paused restrictions on transgender healthcare. While similar measures failed in 2021, renewed efforts now benefit from increased conservative voter engagement in judicial elections.
Kansas Republicans propose returning to popular judicial elections after 64 years of merit-based selections. Senate President Ty Masterson argues this change would make courts accountable to taxpayers,though legal experts warn it could prioritize fundraising over qualifications. The state's ongoing $548 million education funding battle with courts serves as key motivation for reform advocates.
Oklahoma's SB 1128 represents a subtler power grab, directing judges to ignore agency interpretations of unclear laws. This anti-Chevronstate-level measure mirrors recent federal court trends favoring literal statutory readings. While supporters claim this prevents bureaucratic overreach, critics argue it strips courts of essential regulatory oversight tools.
Regional analysis shows Midwestern states face particularly intense judicial-legislative conflicts. Missouri's failed attempt to eliminate a judge's position through bench reduction legislation reveals creative new tactics. Legal historian Dr. Amanda Hollis notes: These efforts recall 1930s court-packing schemes, but with modern partisan coordination we've never seen at the state level.
Industry observers identify three emerging trends: increased judicial election spending (up 89% since 2020), growing use of constitutional convention proposals to bypass courts, and expanded legislative subpoena powers over judicial records. The Brennan Center reports 31 pending bills that would let lawmakers remove judges for undermining legislative intent.
As state sessions conclude in June, all eyes remain on Montana's House vote and Kansas' potential ballot measure. With 68% of Americans expressing concern about judicial independence in recent polls, these battles could reshape state governance for generations.
