Arizona State Legislature v. Arizona Independent Redistricting Commission (Amicus Brief)
Via Brennan Center for Justice
The Supreme Court agreed to hear a case that could drastically limit the ability of voters to take responsibility for redistricting decisions out of the hands of legislators.
The case, Arizona State Legislature v. Arizona Independent Redistricting Commission, challenges a state constitutional amendment adopted in 2000 by Arizona voters which created a politically neutral commission drawing new boundaries for the state’s congressional districts every ten years. Before the amendment, the state legislature, as in many states, had been responsible for setting and adjusting district lines.
The Commission drew district boundaries in 2001 and again in 2011. After the 2011 redistricting, however, the Republican-controlled state legislature sued the Commission, arguing that use of the Commission to draw maps violated the U.S. Constitution’s Elections Clause. At issue is a portion of the Elections Clause that provides that, the “times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof.” Because redistricting traditionally has been construed to fall within the ambit of “manner” of holding elections, Arizona argues that the strict language of the clause means that congressional districts can be drawn only by state legislatures.
Back