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The Supreme Court should quickly uphold the state ruling, or hear oral argument before making a decision.
All 49 other states had filed a brief urging the Supreme Court to overturn the Kentucky court and uphold the state preference.
The Montana Supreme Court acknowledged a conflict when it voted 5 to 2 to uphold the state law, created by voters in 1912 to combat the power of the so-called Copper Kings who controlled state politics.
In California, governor Jerry Brown seized on a separate supreme court ruling, which dismissed an appeal to uphold the state's Proposition 8 vote banning gay marriage.
In doing so, council members violated their oath of office, which requires them to uphold the state Constitution.
Then I had to raise my hand and take an oath that I would uphold the state and federal constitutions.
Similar(43)
Field dissented against the majority decision upholding the state law.
The California Supreme Court upheld the state law in 1999.
In December, the Montana Supreme Court upheld the state's 1912 Corrupt Practices Act.
New York's highest court, the Court of Appeals, upheld the state law three times in recent years.
On Tuesday, after a legal fight, the Indiana Supreme Court upheld the state's voucher program as constitutional.
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