SCOTUS Won’t Take Up New Dispute Over ‘Independent State Legislature’ Theory
The U.S. Supreme Court on Tuesday declined efforts by Montana Republicans to invoke a variant of the "independent state legislature" theory to overturn two state election laws.
This theory, in its most expansive form, suggests state legislatures wield near-complete authority over election rules, free from intervention by state courts. However, the Supreme Court, in a 2023 ruling, maintained that while state courts can conduct judicial review, their powers are not limitless.
The ruling did not clarify a definitive standard for determining when the Constitution’s Elections Clause prevents judicial interference in state election decisions.
Montana Secretary of State Christi Jacobsen (R) petitioned the court to address this unresolved question and reinstate two state laws invalidated by Montana’s Supreme Court. These laws, which prohibited same-day voter registration and paid ballot collection on election day, were struck down in a 5-2 decision as unconstitutional under state law.
In her appeal, Jacobsen argued that the state court had effectively positioned itself as the ultimate authority on federal election legislation within Montana. Represented by Attorney General Austin Knudsen (R), Jacobsen called for urgent Supreme Court intervention.
The National Republican Senatorial Committee, along with 15 Republican state attorneys general and the America First Legal Foundation, supported the petition. However, Montana Democrats urged the Supreme Court to uphold the lower court’s ruling, emphasizing that it was grounded in Montana law and based on extensive trial evidence.
Separately, the Supreme Court declined to hear two notable gun rights cases last week, opting not to address legal challenges to Delaware’s ban on assault-style weapons and large-capacity magazines or Maryland’s handgun licensing requirements.
The decision to pass on these cases leaves in place lower court rulings that upheld the respective laws. In Delaware, the ban enacted in 2022 restricts semi-automatic firearms like AR-15s and AK-47s while allowing pre-existing owners to retain them under specific conditions. The law also prohibits magazines exceeding 17 rounds.
Challengers in the Delaware case, including gun owners and advocacy groups, argued that the ban violated the Second Amendment and constituted irreparable harm. However, the 3rd U.S. Circuit Court of Appeals upheld a lower court's refusal to grant an injunction, stating that preliminary injunctions are reserved for extraordinary circumstances, which this case did not present.
In Maryland, a 2013 law requires residents to obtain a qualification license before purchasing a handgun. Applicants must complete fingerprinting, safety training, and background checks, a process critics argue is overly burdensome and discourages gun ownership. Proponents of the law cite significant public safety benefits, and the 4th U.S. Circuit Court of Appeals upheld its constitutionality.
While the Supreme Court avoided these cases, it has consistently adopted an originalist interpretation of gun rights, as evidenced by landmark decisions since 2008. Still, its refusal to hear these appeals signals a cautious approach to revisiting gun-related legal debates at this time.