Both sides in the pending federal lawsuit Arizona Legislative v Arizona Redistricting Commission have jointly filed a gentle reminder to the U.S. District Court that it has been over six months since the oral argument, and the opinion hasn’t come out yet. See this news story. The case is exceptionally interesting, because the legislature argues that Independent Redistricting Commissions for drawing U.S. House boundaries are barred by Article One of the U.S. Constitution. Article One says state legislatures are supposed to pass laws concerning congressional elections, unless Congress chooses to override such state laws. The question is whether the Constitution’s reference to “legislature” can ever refer to an independent redistricting commission.
Ballot Access News
Edited By Richard Winger
I think the Legislature (unfortunately) has the better constitutional argument. I favor independent bodies drawing lines, but it has to come from the Legislature.
PS to # 1. See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2264987
The question is really much more fundamental than even what you present. The Arizona Constitution states:
http://www.azleg.gov/FormatDocument.asp?inDoc=/const/2/2.htm
Section 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
The People of Arizona withdrew the consent from the state legislature for conducting the decennial redistricting process.
Case law appears to clearly support the position that the Independent Redistricting Commission is the institution properly vested with the authority and responsibility for drawing Congressional and state legislative district maps.
The question is whether the people of Arizona can constitutionally do that. I don’t know of any Supreme Court cases saying they can. There is an 11th Circuit case out of Florida last year that supports the people. But that is about it.
Could the People of Arizona withdraw their consent from the Congress to regulate the manner of congressional elections? What if Arizona didn’t want to have congressional districts?
Civil War (1861-1865) answered that one, I believe.