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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 law is broadly unconstitutional, arguing "if a law is unconstitutional as one person, it's no doubt unconstitutional for everyone" and that the bill would force thousands of duplicative actions and harm access to justice. Al Smith of the Montana Trial Lawyers Association added the change would push attorneys toward class actions and create substantial new litigation costs and delays.
Committee discussion focused on a proposed amendment to exclude the Montana Supreme Court from the restriction and on the mechanics of obtaining statewide relief by appeal. The sponsor explained the amendment's purpose: to allow district-court injunctions to affect only the district initially but permit the Supreme Court on appeal to issue statewide relief if it agreed with the lower court. Members debated whether that approach adequately protects citizens' rights during the appeals process and raised fiscal and access concerns.
No vote was taken. Opponents asked the committee to reject the bill, citing constitutional-protection and access-to-justice issues; the sponsor said he would work on amendment language to address concerns.
