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state constitutionDaily Montanan
•86% Informative
Montana wants the U.S. Supreme Court to hear an appeal of the Montana Supreme Court’s March decision striking down four voting laws passed by the 2021 Legislature .
A filing last week shows the state plans to advance portions of the controversial “independent state legislature theory” that has mostly already been rejected by the high court.
A district court judge had previously struck down all four laws.
The state argues the level of scrutiny the Montana Supreme Court applied to the four voting laws to overturn them violated the authority given to the legislature by the state constitution to regulate elections.
Other states have tried to use the independent legislature theory to block courts from reviewing redistricting maps, but the Supreme Court has mostly rejected their arguments.
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