May 3, 2023

A state judge who previously served in the legislature as a Democrat rules against the Democrat who was ousted from the legislature by Republicans.

I'm reading "Judge Rejects Montana Lawmaker’s Effort to Return to House Floor" (NYT).
The lawmaker, Representative Zooey Zephyr, was ousted... after making impassioned comments against a ban on hormone treatments and surgical care for transgender minors....

Ms. Zephyr, a Democrat from Missoula who is transgender, filed the lawsuit on Monday.... “I’m determined to defend the right of the people to have their voices heard,” she posted on Twitter....

Judge Mike Menahan, who served in the House as a Democrat before being elected to the state’s First District Court a decade ago, said... he did not have the authority to intervene in the legislative dispute.

It's somewhat encouraging to see a judge decide against a political figure from the party he is/was associated with, but — to resist overpraise — this was probably an easy case.

I say probably because I'm not researching Montana law, but generally legislatures must run their own internal proceedings. How much disorder is allowed in the chamber and what discipline is appropriate? Judges can't micromanage that. 

Did Zephyr deserve the discipline? Her offense, according to the NYT, was "hateful rhetoric," based on her telling Republicans they would have "blood on your hands" if they denied transgender kids access to medical treatments. She had the option of apologizing, which she did not take, and she held up a microphone to amplify protests — shouts of "Let her speak!" Some Republicans characterized the protests as an "insurrection" and her of "encouraging an insurrection."  

56 comments:

Robert Marshall said...

Extreme rhetoric should be out of bounds in legislative proceedings. "Blood on your hands" doesn't help clarify the issue of hormones and surgery for physically healthy minors. Plus, it's more than a bit ironic considering who's calling for the scalpels on this issue.

Legislatures should police the bounds of debate themselves, and courts should butt-out, as this judge wisely did.

If the trans crowd want representation in the legislature, they need to find someone who isn't as bat-shit crazy as they are, to do the job. If possible.

Inga said...

“How much disorder is allowed on the chamber and what discipline is appropriate?”

I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline.

rehajm said...

Doesn't it feel odd there's someplace left where the tentacles of Alinsky leftie coordination can't quite reach?

n.n said...

The Democrat made a blood libel with diverse precedents that have and are motivating criminal affirmative action and civil insurrection to support an unstable minority of the transgender spectrum who are placed at risk through so-called "gender-affirming care", particularly advising underage boys and girls transitioning through puberty who may experience gender but not psychiatric dysphoria.

Jamie said...

Well geez. On the one hand, Parliament-style shenanigans are entertaining, and what's good for the goose, etc. On the other hand, I am generally a fan of decorum and of letting speech be spoken (not least because it can be so revealing). Sigh. Basically I am torn.

wild chicken said...

If the Republicans had let them keep going they would have just kept pushing. That's how they work. It's chaos and it's what parliamentary procedure is intended to prevent.

His supporters are crowing about how much attention they're getting but this is just a freshman legislator who needs to sit down and shut up, but vote however.

Anyway, Planned Parenthood here in Missoula is trans central I guess. It must be half their business now.

rehajm said...

Montana knows what a heckler's veto looks like and they do not approve...

Charles said...

Inga Said: "“How much disorder is allowed on the chamber and what discipline is appropriate?”

I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline."

If the House of representatives wanted to discipline her they would. They have the power to expel also. You ask should ( a very leading question which of course you think they should have), but obviously the House did not agree or they would do something.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

It's Mr. Zephyr.

His stage name.

Big Mike said...

Her offense, according to the NYT, was "hateful rhetoric”

@Althouse, and you, of course, choose to believe the Times. Others who were there, and who are not trying deliberately to downplay Democrat violence, claim that Zephyr was deliberately trying to stir up the gallery into a mob. And that deserves punishment.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

Inga - Biden is lair. He should be yelled at. He's a fucking liar.

...ah but the delicate Marxists want to silence anyone who dare question your old corrupt mob-king Crook Puppet.

As for the leftist insurrectionist pro-child abuse in Montana - He wants to allow cruelty.... and lie about it.... and take over the proceedings. Different matter.


farmgirl said...

https://www.youtube.com/watch?v=rKDbPkTcObE

(He)r decorum on display, here.
I didn’t find the (in)famous video of encouragement of insurrection. I would have liked to have heard (he)r then.

Did you happen to see the Paul Stanley tweet 2nd(ed) by Dee Snider about trans kids? It was Truth.
I promise to learn to liven my links. Sometime. Soon.

sean said...

Federal judges of both parties uniformly rejected all of Trump's election-related claims, so it's hardly unprecedented.

Dave Begley said...

I can tell you right now that the state court judge is getting all sorts of threats. The Left will probably find out where he lives and go over to his house and protest.

wendybar said...

Inga said...
“How much disorder is allowed on the chamber and what discipline is appropriate?”

I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline.

5/3/23, 7:54 AM

Since MTG is RIGHT about that.....You forgot to mention the then Speaker of the House ripping up the State of the Union address in front of the world. THAT should have been subject to sever discipline. Joe Biden and the rest of his administration ARE liars Inga. YOU vote for liars...You lie down with dogs...you get fleas.

MadisonMan said...

I foresee someone running against him in the near future, bankrolled by a far-left enterprise.

rcocean said...

Oh, a leftwing Democrat breaking all the rules, trashing all standards and traditions, yelling nasty, hate-filled rhetoric, and then running to a Judge to escape any blow-black.

Gee, how amazing. We've never seen that before.

Finally, i think it absurd that a Judge should have the power to decide what a legislature does internally. The state legislature is SUPERIOR to the State courts. We need to rein in Judicial power at all levels, but Conservatives are too stupid to see it.

tommyesq said...

If I recall correctly, s/he was censored for the blood libel speech, but was actually ousted for bringing in a bunch of protesters to disrupt a legislative proceeding - you know, the kind of thing that got a bunch of people arrested for touring the U.S. Capital back in the day?

rcocean said...

BTW, a pet peeve on mine is news articles that REFUSE to identify whether a judge is Federal or state in their headlines and opening paragraph. All judges are NOT the same.

Amadeus 48 said...

Question: Who thinks that Marjorie Taylor Green (R-GA) is important?

Answer: Democrats.

Question: Who thinks Alexandria Ocasio-Cortez (D-NY) is important?

Answer: Republicans

Question: Who thinks Zooey Zephyr is important?

Answer: No one

Joe Smith said...

This tranny bullshit has got to end...

WWIII Joe Biden, Husk-Puppet + America's Putin said...

parents who are so leftist they use "gender affirming care" to permanently damage their children should be sent to Inga's house - and forced to worship her Shrine to Moscow.

Marcus Bressler said...

He. "She" is a "he".

Everyone who refers to the fake persona is complicit.

MarcusB. THEOLDMAN

Mike Petrik said...

Decorum and robust debate are not only compatible, the former facilitates the latter.

natatomic said...

@Robert Marshall - I don’t know if you’re gonna find someone who wants to chop off their own body parts (and similarly wants kids to be able to choose to do the same) but also ISN’T batshit crazy.

Mr. D said...

Ol’ Zooey ought to run again and get a bunch of allies to run for office and unseat the current legislators. See if that works.

Barry Sullivan said...

For what it is worth Zooey Zephyr can still vote remotely but is not permitted on the Montana House's floor. Since Zooey Zephyr deliberately led a crowd of like-minded spectators to (loudly and provocatively) disrupt proceedings on the House's floor, the penalty seems appropriate and measured.

Otherwise, intimidation of legislators by packing the gallery with "your" crowd becomes the sine qua non of winning a legislative vote rather than reason and persuasion.

Iman said...

“I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline”

No more than Pelosi’s wine-addled tearing up Trump’s SOTU address.

Fun fact: I’d pay to see MTG tear Inga a new one.

Iman said...

“I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline”

No more than Pelosi’s wine-addled tearing up Trump’s SOTU address.

Fun fact: I’d pay to see MTG tear Inga a new one.

Jupiter said...

"Ms. Zephyr, a Democrat from Missoula who is transgender"

"Ms", hey? Is there still a magazine by that name? You've come a long way, Baby! No doubt Ms. Zephyr is a feminist, am I right?

Mr. T. said...

Any wise judge (latina or otherwise) would not wish to be seen having anything to do with violent transurrections.

wendybar said...

But the silencing of Trump supporters is GREAT for "Democracy"?? These people are freaking NUTS. Shame on you Connecticut for voting for this turd who thinks the rules only apply to Trump and his supporters.


Chris Murphy 🟧
@ChrisMurphyCT
What's happening in Montana and Tennessee is IMPORTANT.

The silencing of Zooey Zephyr, Justin Pearson, and Justin Jones is a red alert moment for democracy. The GOP agenda is now so deeply unpopular that their only way to implement it is to destroy and eliminate their critics.

Mike (MJB Wolf) said...

It's come to this. It's news when a judge appears to impartially follow the law. [sigh]

Mike (MJB Wolf) said...

I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline.

Of course you do. Fascists are all about punishment for the objects of their hatred. By the way, the guy giving the SOTU address is a big fucking liar who was standing there lying, so that aversion to the truth getting out is what drives your hatred of MTG. Don't you ever tire of reflexively hating this week's scapegoat? Here, show me on the doll, point to where MTG hurt you, Inga.

WWIII Joe Biden, Husk-Puppet + America's Putin said...

Turns out sweet little Dylan Mulvaney - thinks people should be arrested if they use the wrong pronoun.

Well.

I will be sure to use the wrong pronoun.

Drago said...

Amadeus: "Question: Who thinks Alexandria Ocasio-Cortez (D-NY) is important?

Answer: Republicans"

That is no longer true. When AOC was first elected she, along with the SquD, was making alot of democratical-equivalent of the Freedom Caucus noises and threats and thats when republicans watched closely.

Since then of course AOC and the Squad have become full members of the establishment Borg and pose absolutely no threat to the those same establishment types. They have all been thoroughly "Bernie-ed".

Thoroughly.

RNB said...

Old Faithful wrote: "I wonder if MTG’s wide mouthed cries of 'Liar!' at the State of the Union should’ve been subject to discipline." Since Congresscrone Pelosi's theatrical tearing-up of her copy of the President's SOTU speech previously did not, I would say the bar had already been set higher than that.

Deevs said...

Inga, I'm not sure that yelling an interjection at the SOTU address is really comparable to disrupting a legislative session. I believe only the latter is a necessary governmental function, while the former is mostly political theater. I'm pretty sure the President could just send Congress a memo to fulfill the mandate in Article II, section 3.

To whatever degree I'm wrong about all that, it's irrelevant. MTG wasn't censured or otherwise disciplined for yelling, "Liar!", but that has nothing to do with the current topic. The Montana Legislature had no say over what to do about MTG's actions at the SOTU. So, why bring it up?

Leland said...

generally legislatures must run their own internal proceedings. How much disorder is allowed in the chamber and what discipline is appropriate?

This was my sense as well, also for the Tennessee situation. The legislative house has rules for conduct in order to allow a deliberative process to decide law. Limits on speech has always been a requirement, even if those limits vary across the various legislative bodies. If disruption is allowed, then peaceful discussion of laws becomes impossible.

As for insurrection, I’m happy for the right to use the left’s rhetoric against them, particularly if only to prove the point. Prove what point? Well for me, that would be that Jan 6th was never an insurrection and calling it such was hyperbolic rhetoric that has done almost the same harm to the US as the actual offenses by protestors on Jan 6th. I do think trespassing and disruption of a legislative process are fair charges to bring against some protesters, but the punishment for the protesters seems outrageous. Ousting from the premises and disbarment from the premises is certainly reasonable. Fines and some days in jail are reasonable considerations. Months and years in prison awaiting trial is a gross abuse of citizens.

wendybar said...

Don't eat green vegetables as a kid, or your mother will transform you into a BOY!!!

Another mother bribed her kid with money when he refused to take the procedure she is forcing on him....

Tell me again that these people are sane. Because, where I come from these people should be in an insane asylum.


Meghan Reckling
@MeghanReckling
As a parent my heart literally breaks when reading this. What in the world are we doing to our children and how are we allowing this to happen?? It’s horrific.
9:56 AM · May 3, 2023

wendybar said...

I forgot the link...

https://twitchy.com/sarahd-313035/2023/05/03/gays-against-groomers-shares-purported-post-from-parent-boasting-about-forcibly-transitioning-child/

Just A Thought said...

No matter how easy a case it is, judges have been known to buckle under public pressure particularly where the result conforms with their personal biases. In the Act 10 litigation, a Dane County Circuit Court enjoined the publication of a law where there was a State Supreme Court decision that expressly held courts could not enjoin the publication of a law because, until then, a bill has not completed the legislative process. Under state law, this ends with publication, and until publication, it is the exclusive exercise of the legislature power committed by the Constitution to the legislative process (pass both houses, present, publish). A judge can no more enjoin the publication of a enrolled Act as it can enjoin the legislative consideration of a bill.

In that light, this Montana judge has shown more courage than many, though it is the minimal amount of courage one should possess before taking an oath of judicial office.

hombre said...

Trannies only have volume. They don't have the numbers. Good on the legislators for stifling the volume. Hugo Black, another Democrat, argued that the First Amendment doesn't allow one to speechify or demonstrate "where he pleases or when he pleases." (Citing Cox v. Louisiana.)

Kudos to the judge here also. A rare Democrat who apparently follows the law.

HoodlumDoodlum said...

It wasn't an attempted insurrection--people need to understand what that word actually means.

It *was* obstruction and disorder, though, and as such very clearly against the rules.

When the Nice People like Prof Althouse try the "hey, you Republican hypocrites, you minimized what Trump did re: January 6th so you don't have any standing to make a big deal out of any Democrats who protest/obstruct/break the rules" move just remind them that Trump was in fact impeached for that and hundreds of people have been arrested for their actions at and around the Capitol, all of which the Nice People cheer. If there's hypocrisy at work it certainly runs both ways.

BarrySanders20 said...

That Montana dude Zooey Zephyr should grow a long beard and go by the nickname ZZ Chop. Could be the new spokesman for Bud Light and revive the brand.

NMObjectivist said...

A Separations of Powers case. Decided properly.

n.n said...

It wasn't an attempted insurrection

Semantic drift... games in the age of social progress etc.

Free Manure While You Wait! said...

The only reason this Zephyr guy is national news is because that's where State Media wants us all looking at the moment. It's their newest and greatest wedge-issue. Think "gender affirming surgery = FMG? Then you are a hater.

I'm nonbinary, but if you ask me, any trans-woman who makes a big deal about it, especially to this degree, deep down, is really still a guy inside. It's an act. And even he knows it.

Jim at said...

I wonder if MTG’s wide mouthed cries of “Liar!” at the State of the Union should’ve been subject to discipline.

Just as much as Nancy Pelosi's ripping up of a copy the SOTU address?

Assistant Village Idiot said...

Let me give all of youse some knowledge from 40+ years of a mental health career: It is a common symptom of Borderline Personality Disorder to not understand the distinction between being agreed with versus being heard. It is deeply related to the assertion, stemming from the BPD fear of facing the abyss and expulsion from the family, that someone is "denying my existence" by disagreeing with their gender definition. I know I just put a lot to think about into a small space, but it will be profitable for folks to contemplate this. A lot of the trans debate will come into focus (and then do autism).

It is at one level heartbreakingly sad. They are not playing, they are not making this up. At some primal level they are really unable to process people disagreeing with them as anything but psychic death. I have watched complete meltdown requiring 4-point restraints over the issue hundreds of times. But it doesn't mean that it is intellectually defensible and should be part of the law of the land.

B. said...

Zephyr’s romantic partner led the protests, so this wasn’t any spontaneous outburst.
Why are all trans such attention seekers?
https://www.wusa9.com/article/news/local/maryland/rep-zooey-zephyr-and-her-girlfriend-avoid-swating-incident/65-e883b550-220f-41b2-9699-e0bf6b5f376b

n.n said...

Why are all trans such attention seekers?

Pride.

n.n said...

It's come to this. It's news when a judge appears to impartially follow the law. [sigh]

Democrats are bitter brayers to emanations from penumbras - the twilight fringe.

There is nothing wrong with your television.
Do not attempt to adjust the picture.
We are now controlling the transmission.
We control the horizontal and the vertical.
We can deluge you with a thousand channels or expand one single image to crystal clarity and beyond.
We can shape your vision to anything our imagination can conceive.
For the next hour we will control all that you see and hear.
You are about to experience the awe and mystery which reaches from the deepest inner mind to the outer limits.

GrapeApe said...

Hey Inga, try Speaker Pelosi ripping the text of Trump’s SOTU address to see how you demand courtesy for your side but not the other. The folks in that Montana district must have a sense of humor for electing a clown. Dunno.

Greg the Class Traitor said...

Did Zephyr deserve the discipline? Her offense, according to the NYT, was "hateful rhetoric," based on her telling Republicans they would have "blood on your hands" if they denied transgender kids access to medical treatments. She had the option of apologizing, which she did not take, and she held up a microphone to amplify protests — shouts of "Let her speak!" Some Republicans characterized the protests as an "insurrection" and her of "encouraging an insurrection."

1: His
2: He acted to disrupt the State Legislature's business. As people have been thrown in jail for years for doing that on Jan 6 with Congress, and the Democrats have been desperate to call that an "insurrection", there's no honest way to square that with NOT calling what he did

Greg the Class Traitor said...

Assistant Village Idiot said...
It is at one level heartbreakingly sad. They are not playing, they are not making this up. At some primal level they are really unable to process people disagreeing with them as anything but psychic death.

No person like that qualifies as an adult. No person like that should ever have any position of power, at all.

These people are the enemy of all sane human beings, and should be treated that way