Monday, February 10, 2025

Senate Bill Seeking to Prohibit Legal Assisted Suicide Faces Third and Final Reading

By Alex Schadenberg

Senator Glimm
Montanans have a confusing legal situation concerning assisted suicide. 

In 2009, [Montana's] Baxter court decision declared that Montanans have a right to assisted suicide. The Baxter decision was appealed to the Montana Supreme Court where it was decided that there is not a right to assisted suicide in Montana[.]  ... [The Baxter court also] found a "defense of consent" meaning a Montana physician who assists a suicide must prove that there was consent [to death by the person who died.]

Senate Bill 136 legislatively declares that there is no defense of consent. ...

Wednesday, January 8, 2025

The Montana Public Service Commission (PSC) Had No Authority to Go Forward Regarding Climate Change

Consideration of the Montana climate change petition was outside of the jurisdiction of Montana's Public Service Commission (PSC), set forth here:  https://psc.mt.gov/About-Us/What-We-Do 

In the event that providing such jurisdiction would have been advisable, it would have been up to Montana's Legislature to enact appropriate legislation regarding same.

Without such enactment, addressing the proposed climate change petition was ultra vires, meaning beyond the scope of PSC's authority.

The Commission had no authority to go forward regarding the issue of climate change.  Going forward was a waste of taxpayer dollars.