By Sen. Jason Ellsworth
President of the Montana Senate 

Responding to Mike Marshall's letter


January 11, 2024

I want to respond to Mike Marshall’s letter, published in the Pathfinder on Jan. 4.

As I understand him, Mr. Marshall’s basic premise is that all or most of the dozens of bills passed by the Legislature that are being challenged in court are clearly unconstitutional.

Constitutional matters are not so simple, nor does the actual data support his argument. But it’s an argument that has also been made by others, such as Democratic legislators and activists, so I’d like to address it.

First, Mr. Marshall suggests the Legislature’s “legal vetting” measures are inadequate. Curren...

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