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brooklynite

(94,727 posts)
Mon Jun 29, 2015, 10:29 AM Jun 2015

Supreme Court upholds Arizona's independent Redistricting Commission

5-4 vote; opinion by Ginsburg

Roberts dissents; joined by Thomas Alito, Scalia
Scalia dissents; joined by Thomas
Thomas dissents; joined by Scalia

Under Arizona’s Constitution, the electorate shares lawmaking authority on equal footing with the Arizona Legislature. The voters may adopt laws and constitutional amendments by ballot initiative, and they may approve or disapprove, by referendum, measures passed by the Legislature. Ariz. Const., Art. IV, pt. 1, §1. “Any law which may be enacted by the Legislature . . . may be enacted by the people under the Initiative.” Art. XXII, §14.

In 2000, Arizona voters adopted Proposition 106, an initiative aimed at the problem of gerrymandering. Proposition 106 amended Arizona’s Constitution, removing redistricting authority from the Arizona Legislature and vesting it in an independent commission, the Arizona Independent Redistricting Commission (AIRC). After the 2010 census, as after the 2000 census, the AIRC adopted redistricting maps for congressional as well as state legislative districts. The Arizona Legislature challenged the map the Commission adopted in 2012 for congressional districts, arguing that the AIRC and its map violated the “Elections Clause” of the U. S. Constitution, which provides:
“The Times, Places and Manner of holding Elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations.”

Because “Legislature” means the State’s representative assembly, the Arizona Legislature contended, the Clause precludes resort to an independent commission, created by initiative, to accomplish redistricting. A three-judge District Court held that the Arizona Legislature had standing to sue, but rejected its complaint on the merits.

http://www.supremecourt.gov/opinions/14pdf/13-1314_kjfl.pdf


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Supreme Court upholds Arizona's independent Redistricting Commission (Original Post) brooklynite Jun 2015 OP
WHEW!!!!! RandySF Jun 2015 #1
Wonderful news! MoonRiver Jun 2015 #2
The usual suspects are dissenting then. Betty Karlson Jun 2015 #3
This is a bid deal. Lochloosa Jun 2015 #4
this is hugh!! Kber Jun 2015 #5
Outstanding. Kber Jun 2015 #6
some information... yes good decision IMHO... riversedge Jun 2015 #7
more information riversedge Jun 2015 #9
California would have been f-ed up. RandySF Jun 2015 #8
Good! Cha Jun 2015 #10

riversedge

(70,299 posts)
7. some information... yes good decision IMHO...
Mon Jun 29, 2015, 10:33 AM
Jun 2015



Live blog of orders and opinions | June 29, 2015 Live

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9:29 AM
The Court has several times refused to address the question whether partisan gerrymandering violates the Constitution. This decision gives the states an opportunity to deal with partisan gerrymandering by giving an independent commission power to draw federal congressional districts.
by Amy Howe 9:28 AM
Comment ? 11
Thomas dissents, joined by Scalia.
by Amy Howe 9:28 AM
Comment ? 0
Scalia dissents, joined by Thomas.
by Amy Howe 9:28 AM
Comment ? 0
Chief dissents, joined by Scalia/Thomas/Alito.
by Amy Howe 9:27 AM
Comment ? 0
Kennedy joins majority.
by Amy Howe 9:27 AM
Comment ? 1
Background on the AZ decision: The Constitution’s Elections Clause provides that the “Times, Places, and Manner of holding Elections for . . . Representatives, shall be prescribed in each state by the Legislature thereof.” In 2000, Arizona voters amended the state’s constitution to give control over redistricting of federal congressional districts to an independent commission. This case is a challenge by the state legislature to that transfer, on the ground that it violated the Elections Clause.
by Kevin Russell 9:27 AM
Comment ? 1

- See more at: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015#sthash.xXcimqOs.dpuf

riversedge

(70,299 posts)
9. more information
Mon Jun 29, 2015, 10:36 AM
Jun 2015



From the final paragraph of the majority opinion: "The people of Arizona turned to the initiative to curb the practice of gerrymandering and, thereby, to ensure that Members of Congress would have “an habitual recollection of their dependence on the people.” The Federalist No. 57, at 350 (J. Madison). In so acting, Arizona voters sought to restore “the core principle of republican government,” namely, “that the voters should choose their representa­tives, not the other way around.” Berman, Managing Gerrymandering, 83 Texas L. Rev. 781 (2005). The Elec­tions Clause does not hinder that endeavor."
by Kevin Russell 9:34 AM
Comment ? 0
- See more at: http://live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__June_29_2015#sthash.xXcimqOs.dpuf
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