Supreme Court of the United States · Official docket →
Christi Jacobsen, Montana Secretary of State v. Montana Democratic Party, et al.
Paid petition · Supreme Court of Montana, No. DA 22-0667 · judgment March 27, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In state court cases implicating the Elections Clause, this Court has a “duty to safeguard limits imposed by the Federal Constitution.” Moore v. Harper, 600 U.S. 1, 35, 37 (2023). This Court alone can ensure that state courts do “not so exceed the bounds of ordinary judicial review as to unconstitutionally intrude upon the role specifically reserved to state legislatures by Article I, Section 4, of the Federal Constitution.” Id. at 37. But it has not yet adopted any “test by which [it] can measure state court interpretations of state law” in those kinds of cases. Id. at 36. The questions presented are:
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When this Court reviews a state court’s decision invalidating state Elections Clause legislation, what standard does it apply to decide whether that decision exceeds the bounds of ordinary judicial review?
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Did the Montana Supreme Court’s split decision below exceed the bounds of ordinary judicial review by invalidating under the Montana Constitution two Montana election integrity provisions—one setting the voter-registration deadline at noon the day before Election Day, and another requiring the Secretary to promulgate regulations banning paid absentee ballot collection?
Counsel of record
For petitioner
Peter Martin Torstensen Jr.
Montana Attorney General's Office
For respondent
Molly Elizabeth Danahy
Upper Seven Law
Proceedings
- Jan 21 2025Petition DENIED.
- Jan 03 2025Reply of petitioner Christi Jacobsen, Montana Secretary of State filed. (Distributed)
- Dec 31 2024DISTRIBUTED for Conference of 1/17/2025.
- Dec 23 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- Dec 23 2024Brief of respondents Montana Democratic Party, et al. in opposition filed.
- Dec 23 2024Brief of respondents Montana Youth Action, et al. in opposition filed.
- Dec 23 2024Brief of respondents Western Native Voice, et al. in opposition filed.
- Nov 07 2024Brief amicus curiae of Center for Election Confidence filed.
- Oct 17 2024The motions to extend the time to file responses are granted in part and the time is extended to and including December 23, 2024, for all respondents.
- Oct 16 2024Motion of Western Native Voice; Montana Native Vote; Blackfeet Nation; Confederated Salish and Kootenai Tribes; Fort Belknap Indian Community; and Northern Cheyenne Tribe for an extension of time not accepted for filing. (October 16, 2024 - corrected motion to be filed)
- Oct 16 2024Motion of Montana Youth Action, et al. to extend the time to file a response from November 7, 2024 to January 6, 2025, submitted to The Clerk.
- Oct 16 2024Motion of Montana Democratic Party, et al. to extend the time to file a response from November 7, 2024 to January 6, 2025, submitted to The Clerk.
- Oct 16 2024Motion of Western Native Voice, et al. to extend the time to file a response from November 7, 2024 to January 6, 2025, submitted to The Clerk.
- Oct 08 2024Response Requested. (Due November 7, 2024)
- Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
- Sep 27 2024Waiver of right of respondents Montana Democratic Party, et al. to respond filed.
- Sep 27 2024Brief amicus curiae of National Republican Senatorial Committee filed.
- Sep 27 2024Brief amici curiae of Texas, et al. filed.
- Sep 27 2024Brief amicus curiae of America First Legal Foundation filed.
- Sep 26 2024Brief amicus curiae of Restoring Integrity and Trust in Elections filed.
- Sep 25 2024Waiver of right of respondent Western Native Voice; Montana Native Vote; Blackfeet Nation; Confederated Salish and Kootenai Tribes; Fort Belknap Indian Community; and Northern Cheyenne Tribe to respond filed.
- Sep 16 2024Waiver of right of respondent Montana Youth Action, Forward Montana Foundation, and MontPIRG to respond filed.
- Aug 26 2024Petition for a writ of certiorari filed. (Response due September 27, 2024)
- Jun 24 2024Application (23A1136) granted by Justice Kagan extending the time to file until August 24, 2024.
- Jun 13 2024Application (23A1136) to extend the time to file a petition for a writ of certiorari from June 25, 2024 to August 24, 2024, submitted to Justice Kagan.