Supreme Court won't take up new dispute over 'Independent State Legislature' theory

Source: The Hill

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.

Read more: https://thehill.com/regulation/court-battles/5097790-supreme-court-wont-take-up-new-dispute-over-independent-state-legislature-theory/