The American Civil Liberties Union (ACLU) plans to spend $1.3 million on campaign advertising to educate Montana voters about where state Supreme Court candidates stand on abortion and other civil rights issues. This comes at a time when a measure to constitutionally protect abortion access is on the ballot, and Republicans have made unsuccessful attempts to unseat a justice through partisan endorsements of challengers. The ACLU aims to ensure voters are informed about the candidates’ stances on issues like abortion, marriage equality, and Indigenous voting rights, as these decisions will impact fundamental rights in the state.
State Supreme Court candidates in Montana cannot seek, accept, or use partisan endorsements, and the ACLU of Montana clarified that it was not endorsing any candidates. The organization emphasized the importance of electing justices who will protect rights from increasingly extreme laws passed by politicians, particularly those restricting abortion access and voting. The $1.3 million campaign is the largest the ACLU has spent on a Montana election and is part of a broader effort to influence Supreme Court races in several other states, including Arizona, Michigan, Ohio, and North Carolina, indicating a growing trend of increased spending on judicial races.
According to Mike Milov-Cordoba of the Brennan Center for Justice, voters often do not have strong preconceptions of candidates in Supreme Court races, making the ACLU’s advertising campaign potentially significant. In 2022, total spending on two Montana Supreme Court races reached a record $4.6 million, reflecting the escalating financial investments in these critical judicial contests. conservatives’ frustrations with the Montana Supreme Court blocking unconstitutional laws may drive similar spending this year. The ACLU’s ads and mailers highlight candidates’ positions on issues like abortion, with some candidates affirming the protection of pre-viability abortion rights while others refraining from commenting on potential future cases.
As the 2024 election approaches, Montana voters will decide whether the 1999 Supreme Court ruling on abortion should be enshrined in the constitution. While historically conservatives have dominated spending in state Supreme Court races, groups on the left, including the ACLU, have increased their financial investments following the overturning of Roe v. Wade. Beyond abortion, state Supreme Courts are facing cases related to issues like partisan gerrymandering, voting rights, and climate change, making the composition of these courts a high-stakes matter. The ACLU’s campaign aims to inform voters and guide their decision-making in selecting justices who will protect fundamental rights and uphold the rule of law in Montana.
