On January 16, the Arizona Independent Redistricting Commission filed this brief in the U.S. Supreme Court, in the case called Arizona State Legislature v Arizona Independent Redistricting Commission, 13-1314. Under Arizona’s constitution, the Commission is responsible for drawing U.S. House and legislative district boundaries after each census. The legislature sued the commission, arguing that the U.S. Constitution, Article One, says that only state legislatures may exercise the power to redraw the U.S. House districts. The lower court sided with the Redistricting Commission 2-1, and then the legislature appealed to the U.S. Supreme Court, and the U.S. Supreme Court took the case. The oral argument will be March 2. Thanks to Rick Hasen for the link. The brief is quite interesting.
The brief tends to conflate “initiative” and “referendum” in order to suggest that ‘Hilldebrant’ applies.
A fine brief, certainly, by Mr. Waxman. Standing seems pretty clear, here. I am still not convinced that Congress authorized redistricting in the fashion chosen by the people of Arizona. At least it is far from clear, and I suspect the Court will say “Congress can, but it must be clear,” or something like that. While the Supreme Court has authorized vetoes by the Governor and the People of Legislatively-created districts, it has never before ruled that the Governor or the People can draw district lines. I think this Court – which is very much concerned with States’ rights – will be hesitant to say that. Should be close.
EVIL and VICIOUS ANTI-Democracy minority rule gerrymanders in ALL 50 States — regardless of any gerrymander commissions having LEGISLATIVE powers.
Too many MORON lawyers and judges to count.
P.R. and nonpartisan App.V.
http://www.scotusblog.com/case-files/cases/arizona-state-legislature-v-arizona-independent-redistricting-commission/
CHECK OUT THE NCSL AND REAGAN BRIEFS.
Will a New DARK AGE of GERRYMANDER oligarchs take over the USA ???
I.E. SOUND Democracy GENERAL QUARTERS.
THIS is NO DRILL.
The ENEMY gerrymander MONSTERS are Counter- ATTACKING ALL election reforms involving popular initiatives — since 1898 in Oregon.