Governor could appeal this most recent ruling to the MT Supreme Court, and he'd get shot down pretty fast there. This is a pretty cut-and-dry issue, and I would predict the district court's ruling would be unanimously upheld. He did make a rather spurious legal argument when he vetoed the bill in the first place (basically saying it wasn't possible to fund it, even though this was passed in conjunction with another bill, which was vetoed and then the veto was overridden).
www.ktvq.com
Thanks @Ben!HB 868 was the companion bill that provided the statutory appropriation for SB 442. That bill had the veto overridden in June of 2023.
Montana lawmakers override governor's veto of appropriations bill tied to marijuana revenue measure
Representatives for the Montana Association of Counties, Wild Montana, and the Montana Wildlife Federation this week lauded legislators’ override of Gianforte’s veto of the appropriations bill.
The use of companion bills to fund the "cats and dogs" bills that pass has been standard practice for quite a few sessions otherwise the work on HB 2 (main budget) would take 180 days instead of 90.
montanafreepress.org
This is an excellent development. No doubt, GG has been trying to delay this to the point of mootness or until the next election (taking a leaf out of another prominent politician's book). This ruling forces the secretary of state to send the poll out.Inching along.
Court denies Gianforte’s request to stay ruling in veto lawsuit
Judge Mike Menahan’s ruling gives the state 14 days to grant lawmakers the ability to override the veto, appeal to the state Supreme Court or both.
www.kpax.com
The irony, of course, being that the judiciary is not the enemy of the legislature in this instance, but instead this falls squarely on the governor. It's the governor that violated the state constitution and violated the rights of the legislators.The veto override is dead due to the senate leadership. Fitzpatrick is still upset over the surprise sine die motion. The override needed two-thirds of each chamber and that will not happen.
"Senate President Sen. Jason Ellsworth, Senate Majority Leader Sen. Steve Fitzpatrick, and 26 other Republican senators — a majority of the Senate — sent their own letters to Gianforte, Jacobsen and the Supreme Court, saying these judicial decisions had severely overstepped onto the Legislature’s authority over its own procedures...Those who signed the letters said they either won’t participate in the poll or will vote not to override the veto."
Delayed veto override poll from 2023 Montana Legislature now going forward
The ongoing legal battle over Gov. Greg Gianforte’s late veto of a bill last legislative session heated up this week, as a growing number of leaders made clear they’re not happy with the process.
The cruiser cam video of his stop a few years back did not disappoint. Everything I was looking for.
For a while I thought Fitzpatrick was a decent fellow after keeping the primaries open, but more and more his name is tied to stuff I find objectionable.The veto override is dead due to the senate leadership. Fitzpatrick is still upset over the surprise sine die motion. The override needed two-thirds of each chamber and that will not happen.
"Senate President Sen. Jason Ellsworth, Senate Majority Leader Sen. Steve Fitzpatrick, and 26 other Republican senators — a majority of the Senate — sent their own letters to Gianforte, Jacobsen and the Supreme Court, saying these judicial decisions had severely overstepped onto the Legislature’s authority over its own procedures...Those who signed the letters said they either won’t participate in the poll or will vote not to override the veto."
Delayed veto override poll from 2023 Montana Legislature now going forward
The ongoing legal battle over Gov. Greg Gianforte’s late veto of a bill last legislative session heated up this week, as a growing number of leaders made clear they’re not happy with the process.
That's exactly the judiciary's job in this instance. The executive exceeded it's powers, and the judiciary is actually giving the power back where it belongs here: to the legislature.
It's a national effort by the extreme right to change the composition of the courts so they can push their agenda through. Don't get me started...
