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Unexpected Good News from SCOTUS -- the ‘Independent State Legislature’ Theory is Dead! [1]
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Date: 2025-01-21
The Hill is reporting today about an unexpected piece of good news from SCOTUS of all places — they refused to accept a case from Montana that could have breathed new life into the fascistic wet dream of some MAGA-Republicans for overturning state elections they don’t like the outcomes of, the so-called ‘Independent State Legislature’ theory:
The Supreme Court on Tuesday declined to take up Montana Republicans’ efforts to revive two state election laws under a version of the so-called “independent state legislature” theory. In 2023, the justices rejected the maximalist version of the theory, which would give state legislatures near-total control over setting election rules by preventing state courts from restraining their actions. Though the Supreme Court ruled that state courts can conduct judicial review, the majority opinion stressed they do not have “free rein.” Under the Constitution’s Elections Clause, judges cannot intrude on state lawmakers’ authority to regulate federal elections, but the high court’s decision did not set a specific test for determining when that boundary is crossed. Montana Secretary of State Christi Jacobsen (R) asked the justices to take up that open question in her appeal seeking to revive two state laws banning paid ballot collection and same-day voter registration on Election Day in Montana.
These two laws were struck down by the Montana Supreme Court on a 5-2 vote as being incompatible with the state’s constitution, and despite the NSRC, 15 other Republican state attorneys general, and the America First Legal Foundation all signing on to the appeal — amazingly, there weren’t the four SCOTUS judges necessary to actually consider the appeal.
I’m sure Thomas and Alito would have been more than pleased to put another dagger into the heart of free and fair democratic elections, but apparently they weren’t able to convince at least two of the three Trump judges to go along, so the Montana Supreme Court ruling stands and the ‘Independent State Legislature’ theory of autocratic rule is now back on the ash heap of history where it belongs.
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[1] Url:
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