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voter suppression lawsDemocracy Docket
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74% Informative
Montana Secretary of State Christi Jacobsen and Attorney General Austin Knudsen are asking the U.S. Supreme Court to consider adopting the radical independent state legislature ( ISL ) theory in stepping in to consider two of Montana ’s voter suppression laws.
The ISL theory promotes an interpretation that, under the Elections Clause of the Constitution , only state legislatures have the power to regulate federal elections.
Montana Supreme Court struck down four voter suppression laws that made it more difficult for Native American , disabled and young voters to vote.
Under Republicans ’ ISL theory, state courts would be disempowered and unable to take such an action.
Voters would lose state courts as an avenue to fight unjust voting practices.
In Moore, the Supreme Court largely rejected the theory, but did leave door slightly ajar for more ISL challenges.
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