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Panel debates limiting district-court injunctions to named parties
Summary
Senate Bill 43 would prevent district courts from issuing injunctions that apply to nonparties; the ACLU and others said the change would force thousands of duplicative suits and undercut courts' duty to protect constitutional rights. Sponsors proposed a committee amendment to preserve Supreme Court statewide injunction authority.
Senator Daniel Emmerich introduced SB 43, which as drafted would prohibit Montana courts from issuing injunctive relief that applies to nonparties and instead limit injunctions to the parties named in a particular case.
Opponents warned of significant practical consequences. Henry Seaton of the ACLU of Montana said the measure would require many additional suits where a…
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