SCOTUS Won’t Take Up New Dispute Over ‘Independent State Legislature’ Theory

The U.S. Supreme Court has rejected an attempt by Montana Republicans to invoke a version of the “independent state legislature” theory to overturn two state election laws.
The maximalist interpretation of this theory, dismissed by the justices in 2023, would grant state legislatures nearly unchecked authority over election regulations, limiting state courts' ability to intervene.
While the Court affirmed that state courts can exercise judicial review, the majority opinion clarified that they do not have “free rein.” However, the decision did not provide a definitive standard for determining when the Constitution’s Elections Clause restricts judicial interference in federal election oversight.
Montana Secretary of State Christi Jacobsen (R) had appealed to the Court, asking it to address this unresolved issue and reinstate two state laws: one banning same-day voter registration and another prohibiting paid ballot collection on election day.
The Montana Democratic Party and other groups challenged these laws, leading to their invalidation by Montana’s Supreme Court in a 5-2 decision, citing violations of the state constitution.
“Montana’s high court has assumed a de facto new role as the final and exclusive arbiter of all federal election legislation in Montana. This Court’s review is urgently needed,” Jacobsen argued in court filings, represented by Attorney General Austin Knudsen (R).
The petition received backing from the National Republican Senatorial Committee, 15 Republican attorneys general, and the America First Legal Foundation. Conversely, Montana Democrats urged the Supreme Court to uphold the lower court’s ruling, arguing that the case involved broader election laws and legal considerations.
“The court’s analysis was based on the ample trial record in this case and firmly grounded in existing Montana law. There was nothing extraordinary or inappropriate about it,” they stated in their filings.
Meanwhile, the Supreme Court declined to take up two high-profile gun rights cases last week, avoiding decisions on contentious issues.
The justices turned away an appeal challenging Delaware’s 2022 ban on “assault weapons” and large-capacity magazines, as well as a case concerning Maryland’s handgun licensing requirements.
Delaware’s laws prohibit several semi-automatic rifles, including the AR-15 and AK-47, while allowing owners who possessed such firearms before the ban to retain them under certain conditions. The legislation also bans large-capacity magazines, with specific exceptions for pre-owned devices.
Plaintiffs in the Delaware case included state residents seeking to purchase banned firearms or magazines, a firearms dealer, the Firearms Policy Coalition, and the Second Amendment Foundation. They argued that the lower courts wrongly dismissed their claim that the laws infringed on their Second Amendment rights.
A federal judge denied their request for an injunction in 2023, and the 3rd U.S. Circuit Court of Appeals upheld the decision in 2024, stating that “preliminary injunctions are not automatic” and are reserved for “extraordinary situations,” which the court found absent in this case.
The Court also declined to hear a challenge to Maryland’s 2013 handgun licensing law, which requires most residents to obtain a qualification license before purchasing a handgun. The process involves fingerprinting, completing safety training, and undergoing background checks—a process critics argue is overly burdensome and discourages individuals from exercising their Second Amendment rights.
Maryland defended the law, asserting that its requirements enhance public safety. The 4th U.S. Circuit Court of Appeals upheld the law, siding with the state.
Although the Supreme Court declined these cases, it has consistently applied an originalist interpretation of gun rights in key decisions since 2008. The Court has yet to take action on related appeals involving Maryland’s ban on assault weapons and Rhode Island’s restrictions on large-capacity magazines.