On November 5, the 9th circuit heard oral arguments in Kelly v McCullough, 10-35174, the lawsuit filed in 2008 against Montana’s March petition deadline for independent candidates (for office other than president).  The U.S. District Court had refused to decide the case, holding that the plaintiffs lack standing.  The 9th circuit panel consisted of Judges William Fletcher, Raymond Fisher, and a visiting judge from Virginia, James P. Jones.  The panel spent more time asking questions about standing than about the merits of the case.  It seems somewhat likely that they will determine that the plaintiffs do have standing, and then they will send the case back to the U.S. District Court to reach the main election law issues.