Ryan, the attorney for the Campaign Legal Center, said the "ball's in the court" of the American Tradition Partnership to determine its next step legally.

In the short term, Ryan said, the partnership could ask the Montana Supreme Court to stay its decision, which would temporarily suspend the enforcement of the state law again. Since the Montana court would be unlikely to grant a stay, or delay, the group could ask the U.S. Supreme Court to put on hold the enforcement of the Montana law until it rules on an appeal.

"That's generally a pretty extraordinary remedy," Ryan said.

The U.S. Supreme Court normally would grant such a motion only if it were a pressing matter in terms of time, such as an appeal by prisoner facing the death penalty soon.

More likely, Ryan said, Western Tradition Partnership would file a petition for a writ of certiorari with the U.S. Supreme Court asking it to consider an appeal on the Montana ruling. The partnership has 90 days to make such a filing, and the state would have 30 days for rebuttal after that.