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An attempt by Montana Republicans to overturn two state election rules using the “independent state legislature” premise was denied by the U.S. Supreme Court on Tuesday. According to this approach, which the justices rejected in 2023, state legislatures ought to have almost complete control over election laws, free from state court intervention. The Court stressed that state courts do not have “free rein” in these cases, even if it decided that they can do judicial review.
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The ruling did not clarify when the Constitution’s Elections Clause would prevent judges from intervening in state legislatures’ oversight of federal elections.
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Montana Secretary of State Christi Jacobsen (R) appealed to the Court, asking them to resolve this issue and restore two state laws: one that bans same-day voter registration and another that prohibits paid ballot collection on election day.
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The Montana Democratic Party and other groups challenged these laws, leading Montana’s highest court to invalidate them in a 5-2 decision. Jacobsen, represented by Montana Attorney General Austin Knudsen (R), argued that the Montana Supreme Court had overstepped its role and now serves as the sole authority on federal election laws in the state.
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The Hill reported that Montana’s high court petition was backed by the National Republican Senatorial Committee, 15 other Republican state attorneys general, and the America First Legal Foundation. Montana Democrats urged the Supreme Court to allow the lower ruling to stand.
The Montana Democratic Party argued that the ruling was consistent with Montana law, emphasizing that the court’s analysis was grounded in the state’s legal framework. Meanwhile, last week, the Supreme Court declined to hear appeals related to Delaware’s ban on assault-style rifles and large-capacity ammunition magazines, as well as a case concerning Maryland’s handgun licensing laws.
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The justices avoided addressing these significant gun rights cases, with challengers seeking to block Delaware’s 2022 laws banning certain semi-automatic rifles, including the AR-15 and AK-47, as well as large-capacity magazines. While these laws have been linked to mass shootings, the majority of gun-related homicides in the U.S. involve handguns, according to FBI crime data.
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The Court also declined to hear an appeal from the gun rights group Maryland Shall Issue, which challenged Maryland’s handgun licensing law that requires fingerprinting, training, and background checks before purchasing a handgun. The 4th U.S. Circuit Court of Appeals upheld the law, finding that the requirements provide substantial public safety benefits.