Once a relatively popular, if ineffective, public official, Marc Racicot has reappeared on Montana’s political scene after a near 20-year absence. But rather than returning as a statesman, he comes back as a shameless shill of a liberal judiciary that has routinely overstepped its authority.
Once trusted with Montana’s highest office, Racicot’s transition from public servant to corporate lobbyist exemplifies the all-too-common revolving door between government and big business. After his term ended, Mr. Racicot wasted no time moving from Montana to Washington D.C. where he made millions by lobbying for the likes of Enron, AIG and giants of the insurance industry. Rather than standing up for Montanans, he sold out to the highest bidder, peddling influence for companies that preyed on everyday Americans.
His advocacy for the insurance industry prioritized corporate profit over the needs of everyday Montanans, pushing policies that made it harder for consumers to seek fair treatment, and his ties to Enron—a company that orchestrated one of the most disgraceful financial frauds in history—further expose his willingness to prioritize corporate greed over the public good.
Now, Mr. Racicot has returned, this time as the self-appointed, self-righteous defender of the Montana judiciary. Arrogantly chastising and scolding anyone who dares to offer any criticism of our courts. In his latest op-ed, he blasted legislators working on modest reforms to rein in judicial overreach.
While Mr. Racicot accuses legislators seeking judicial reforms of “an almost insatiable lust for power,” he ignores that our Montana judiciary has trampled the constitutional limits on its power, dictating policy rather than interpreting the law. Our judiciary has ruled the second amendment doesn’t apply on college campuses, stripped parents of their right to be involved in their children’s healthcare decisions, rewritten legislative rules to suit its own agenda, and allowed judges to preside over cases involving their own employees—clear ethical violations that any honest observer would condemn, just to name a few. Yet Racicot defends these outrages with smug condescension, as if Montanans should blindly accept judicial supremacy without question.
As Mr. Racicot points out the Montana Constitution is explicit: “The power of the government of this state is divided into three distinct branches—legislative, executive, and judicial. No person or persons charged with the exercise of power properly belonging to one branch shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.”
Yet, time and again, the judiciary has ignored these boundaries, expanding its reach beyond its intended purpose. Our Courts’ overreach has become so stunning and frequent that even liberal former Justice Dirk Sandefur chastised his colleagues for exceeding their authority. Instead of recognizing the legitimate need for judicial accountability, Racicot protects the courts at all costs—likely because the same elitist circles that enriched him in Washington now dictate his talking points.
The consequences of judicial overreach are profound. By acting as lawmakers rather than interpreters of law, judges have eroded public confidence in the judiciary, transforming what should be an impartial legal system into a partisan battlefield. Legislators, in turn, have been left scrambling to respond to this unprecedented judicial power grab. By proposing reasonable judicial reforms, the Legislature seeks to restore the constitutional balance of power.
Montanans must not be fooled by Racicot’s sanctimonious rhetoric. His career is a testament to self-interest, not principle. If Montana is to uphold the rule of law, the judiciary must be held accountable—not placed above scrutiny by a washed-up politician desperate to remain relevant. The people of this state deserve leaders who serve them, not corporate interests or judicial elites. Racicot has proven time and again that he is not one of them.
Editor’s note: Jake Eaton is an entrepreneur, investor, and Republican political consultant based in Billings, MT. Mr. Eaton is an investor in the parent company of this site.