Montana’s Citizens United Challenge Summarily Reversed

A recent U.S Supreme Court decision removes any doubt that its Citizens United decision on independent election expenditures applies to state election laws. By a 5-4 vote, the Court summarily reversed (meaning it ruled on the merits without briefings or oral arguments) a ruling by the Montana Supreme Court that had upheld the state’s ban on independent expenditures by corporations.

The Montana court had held that the state, even in light of Citizens United, demonstrated a compelling interest in banning corporate election expenditures. The U.S. Supreme Court disagreed, writing that “the question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does. Montana’s arguments in support of the judgment below either were already rejected in Citi­zens United, or fail to meaningfully distinguish that case.”