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Jacobsen v. Montana Democratic Party

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
24-220 Mont. TBD TBD TBD TBD TBD

Issues: (1) What standard applies, when the Supreme Court reviews a state court’s decision invalidating state legislation under the Constitution's elections clause, to whether that decision exceeds the bounds of ordinary judicial review; and (2) whether the Montana Supreme Court’s split decision below exceeded 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 of state to promulgate regulations banning paid absentee ballot collection.

DateProceedings and Orders (key to color coding)
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.
Jun 24 2024Application (23A1136) granted by Justice Kagan extending the time to file until August 24, 2024.
Aug 26 2024Petition for a writ of certiorari filed. (Response due September 27, 2024)
Sep 16 2024Waiver of right of respondent Montana Youth Action, Forward Montana Foundation, and MontPIRG to respond 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 26 2024Brief amicus curiae of Restoring Integrity and Trust in Elections filed.
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.
Oct 02 2024DISTRIBUTED for Conference of 10/18/2024.
Oct 08 2024Response Requested. (Due November 7, 2024)
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 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.
Nov 07 2024Amicus brief of Center for Election Confidence submitted.