On March 2, 2015, Bancroft attorney Paul D. Clement presented oral argument in the United States Supreme Court in Arizona State Legislature v. Arizona Independent Redistricting Commission, No. 13-1314, on behalf of appellant Arizona State Legislature. Bancroft attorneys George W. Hicks, Jr., Taylor Meehan, and Raymond P. Tolentino assisted with the briefing. The question presented is whether the Elections Clause of the United States Constitution and 2 U.S.C. § 2a(c) permit the displacement of the Arizona State Legislature’s redistricting authority by an independent commission. The Court also requested briefing and argument on the question whether the Arizona State Legislature has standing to bring this suit. Arizona voters passed Proposition 106, which amended the state constitution to remove redistricting authority from the state legislature and place it in the hands of the Arizona Independent Redistricting Commission. But the Elections Clause provides that the “Times, Places and Manner” of holding congressional elections “shall be prescribed in each State by the Legislature thereof.” In a divided decision, a three-judge district court panel held that this displacement of the Arizona Legislature’s redistricting authority does not violate the Elections Clause. The Supreme Court is expected to issue a decision no later than June 2015.
Adam Liptak, Court Skeptical of Arizona Plan for Less-Partisan Congressional Redistricting, The New York Times (Mar. 2, 2015)
Brent Kendall, Supreme Court Skeptical of Arizona Initiative on Congressional Districting, The Wall Street Journal (Mar. 2, 2015)
Lyle Denniston, Literalism vs. the Power of the People, SCOTUSblog (Mar. 2, 2015)