For more:
ScotusBlog: Arizona State Legislature v. Arizona Independent Redistricting Commission.
Oyez: Arizona State Legislature v. Arizona Independent Redistricting Commission.
We spent some time on this case in the spring when it was argued because it allowed us to look at the elections clause of the constitution as well as investigate what the word "legislature" could possibly mean. Such commissions allow a non-partisan group to draw congressional district, which makes them more competitive since there is no stake in the outcome. The majority party in state legislatures has an incentive to pad its lead over the minority party and tends to draw districts that are not competitive, This tends to suppress voter turnout since there's little need to show up in general elections.
Here are the facts of the case from Oyez:
Until 2000, the Arizona State Constitution granted the State Legislature the ability to draw congressional districts, subject to the possibility of a gubernatorial veto. In 2000, the Arizona voters passed Proposition 106, which amended the state constitution to remove the congressional redistricting power from the legislature and vest it in the newly created Arizona Independent Redistricting Commission (IRC).
In 2012, after the IRC approved a new congressional district map, the legislature sued the IRC and argued that Proposition 106 violated the Elections Clause of the federal Constitution (Art I, Sec. 4, Clause 1)--which declares that "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof...."--removed redistricting authority from the legislature and therefore that the new district map was unconstitutional and void. The legislature also requested that the district court permanently enjoin the IRC from adopting, implementing, or enforcing the new congressional district map. The district court held that Proposition 106 did not violate the Elections Clause of the federal Constitution.
And the question posed to the court:
Did Proposition 106 violate the Elections Clause of the federal Constitution by removing the congressional districting power from the state legislature?
- Click here for the decision.
