State Courts as Oligarchs

State high courts can, through inconsistent reasoning, frequent overrulings, and expansive interpretations of state constitutions, effectively exercise a policy veto that bypasses democratic channels. Montana’s Supreme Court — cited here via its 2022 Board of Regents decision and a long record of outcome‑driven opinions and favoring certain party types — exemplifies how a court can become an oligarchic policy actor at the state level. — If state judiciaries can block legislatures and amendment processes in practice, that shifts where real policy power resides and raises questions about accountability, judicial selection, and constitutional design.