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Montana Citizens United Case Hanging in the Balance

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Such a motion could result in a win for Montana. Only one of the five conservative justices need join with the four justices who oppose Citizens United in order to dismiss the case for lack of jurisdiction based on sovereign immunity and to allow the Montana Supreme Court decision to stand.

Alternatively, if jurisdiction is found, the avoidance of summary reversal and the briefing and hearing so afforded may at least provide Montana and its amicus supporters the chance they need to present their case on the merits in the full daylight of public attention.   They may persuade at least one more justice through briefing and oral argument that facts about elections since 2010 and facts about Montana warrant a different decision than the one reached in Citizens United.

James Marc Leas is a patent attorney in Vermont

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James Marc Leas is a member of the National Lawyers Guild

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