MSRR v. Knudsen

Opinion

03/26/2024 IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 24-0182 Case Number: OP 24-0182

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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 proposed ballot statement for Constitutional Issue 14 (CI-14) is argumentative, prejudicial, and inaccurate under § 13-27-212(1), MCA; and (2) MSRR’s proposed ballot statement is clear and impartial and the Attorney General should have approved it under § 13-27-226(3)(c), MCA. MSRR further asks the Court to directly certify its ballot statement to the Montana Secretary of State immediately upon this Court’s decision on this matter. MSRR further requests expedited review of this matter so that it may commence signature gathering as soon as possible. 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 Friday, March 29, 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: Ingrid Gustafson Justice, Montana Supreme Court March 26 2024