Gianforte Signs Law Limiting Court Power to Block Legislation

HELENA — Gov. Greg Gianforte signed House Bill 409 into law yesterday, tightening the legal standard Montana courts must use when deciding whether to temporarily block new laws. Supporters say the change restores the balance of power between the Legislature and the judiciary.

The bill, sponsored by House Majority Leader Rep. Steve Fitzpatrick, R-Great Falls, responds directly to a 2024 Montana Supreme Court ruling (Stensvad v. Newman Ayers Ranch), where the court adopted a “sliding scale” approach for issuing injunctions. That framework, drawn from the federal Ninth Circuit, allowed judges to halt laws even if the legal challenge was weak—so long as the potential harm was deemed serious.

What is the sliding scale — and what replaces it?

Under the sliding scale approach, courts could block a law from taking effect if the plaintiff raised serious legal questions and showed that the consequences of allowing the law to proceed would be severe. The four factors typically considered in injunction requests — likelihood of success, irreparable harm, public interest, and balance of equities — were evaluated together, not separately. A weaker case on the law could be offset by strong emotional or political concerns.

House Bill 409 ends that practice. Now, Montana judges are required to assess each of the four factors independently. The person asking for an injunction must show a strong likelihood of winning the case, not just that the law might cause harm. Courts are also barred from using federal circuit court precedents, including those from the Ninth Circuit, and must rely only on U.S. Supreme Court precedent.

Critics of the old standard say it gave judges too much leeway to substitute personal judgment for legislative decisions. In recent years, Montana courts have blocked laws concerning voter ID, same-day voter registration, and other election integrity measures. In several of those cases, plaintiffs backed by national legal groups prevailed using the broader standard that HB 409 now prohibits.

“HB 409 restores discipline and consistency to Montana’s courts,” Fitzpatrick said. “By aligning our standards with U.S. Supreme Court precedent, we’re ensuring that injunctions are granted only when truly warranted—not based on vague, shifting standards. This law brings clarity, predictability, accuracy and fairness back to the process.”

Gov. Gianforte echoed that message: “The separation of powers is one of the most cherished traditions in the western world. House Bill 409 protects the ability of the Legislature to pass laws from judicial overreach, ensuring our constitutional balance of powers is respected.”

The bill passed 57-42 in the House and 31-18 in the Senate, largely along party lines. It takes effect immediately.