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Jacobsen v. Montana Democratic Party

Petition for certiorari denied on January 21, 2025

Docket No. Op. Below Argument Opinion Vote Author Term
24-220 Mont. N/A N/A N/A N/A OT 2024

Issue: (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)
06/13/2024Application (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.
06/24/2024Application (23A1136) granted by Justice Kagan extending the time to file until August 24, 2024.
08/26/2024Petition for a writ of certiorari filed. (Response due September 27, 2024)
09/16/2024Waiver of right of respondent Montana Youth Action, Forward Montana Foundation, and MontPIRG to respond filed.
09/25/2024Waiver 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.
09/26/2024Brief amicus curiae of Restoring Integrity and Trust in Elections filed.
09/27/2024Waiver of right of respondents Montana Democratic Party, et al. to respond filed.
09/27/2024Brief amicus curiae of National Republican Senatorial Committee filed.
09/27/2024Brief amici curiae of Texas, et al. filed.
09/27/2024Brief amicus curiae of America First Legal Foundation filed.
10/02/2024DISTRIBUTED for Conference of 10/18/2024.
10/08/2024Response Requested. (Due November 7, 2024)
10/16/2024Motion 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)
10/16/2024Motion 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.
10/16/2024Motion 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.
10/16/2024Motion 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.
10/17/2024The 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.
11/07/2024Brief amicus curiae of Center for Election Confidence filed.
12/23/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
12/23/2024Brief of respondents Montana Democratic Party, et al. in opposition filed.
12/23/2024Brief of respondents Montana Youth Action, et al. in opposition filed.
12/23/2024Brief of respondents Western Native Voice, et al. in opposition filed.
12/31/2024DISTRIBUTED for Conference of 1/17/2025.
01/03/2025Reply of petitioner Christi Jacobsen, Montana Secretary of State filed. (Distributed)
01/21/2025Petition DENIED.