M.S.R.R. v. Knudsen

• Court: Montana Supreme Court
• Decided: January 26, 2024
• Docket: OP 24-0052
• Status: Unpublished

Opinion

01/26/2024 IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 24-0052 Case Number: OP 24-0052

_________________

MONTANANS SECURING REPRODUCTIVE RIGHTS and SAMUEL DICKMAN, M.D.,

Petitioners,

v. ORDER AUSTIN MILES KNUDSEN, in his official capacity as MONTANA ATTORNEY GENERAL; and CHRISTI JACOBSEN, in her official Capacity as MONTANA SECRETARY OF STATE,

Respondents. _________________

Petitioners Montanans Securing Reproductive Rights and Samuel Dickman, M.D. (MSRR), seek declaratory judgment on original jurisdiction under M. R. App. P. 14(4). Petitioners argue they are entitled to declaratory judgment that declares: (1) the Attorney General’s determination that Constitutional Issue 14 (CI-14) violates the separate-vote requirement is incorrect; (2) the Attorney General has no authority to append a fiscal statement to CI-14; and (3) MSRR’s proposed ballot statements comply with the applicable statutes. MSRR further asks the Court to direct the Attorney General to forward MSRR’s ballot statements to the Montana Secretary of State within five days of this Court’s decision on this matter. Having reviewed the Petition, this Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that Respondents are granted until the close of business on Monday, February 5, 2024, to prepare, file, and serve a response(s) to the petition for declaratory judgment on original jurisdiction. The Clerk is directed to provide notice of this Order to counsel for all parties.

Electronically signed by: James Jeremiah Shea Justice, Montana Supreme Court January 26 2024