The Supreme Court passed up its best opportunity to give greater content to the independent state legislature theory outside the context of a hot presidential election, in a case out of Montana. It is somewhat surprising that the Court did not use this opportunity to give some clarity when the stakes were much lower.
The Court also denied cert in Pennsylvania State Conference of the NAACP vs Schmidt, about whether a PA law that disenfranchises voters for failing to date their timely mail-in ballots violates the materiality provision of the Civil Rights Act of 1964.