[EL] AZ redistricting

[Rick Hasen]

    Breaking: #SCOTUS Upholds Independent AZ Redistricting Commission
    5-4 <http://electionlawblog.org/?p=73835>

Posted onJune 29, 2015 7:28 am 
<http://electionlawblog.org/?p=73835>byRick Hasen 
<http://electionlawblog.org/?author=3>

You can read the 5-4 opinionhere 
<http://electionlawblog.org/wp-content/uploads/az.pdf>.

I will have a piece posting soon at Slate on the larger meaning of the 
case, but here are some thoughts in the interim:

1. The key holding (aside from standing): AZ voters have the power to 
set up an independent redistricting commission, which completely cuts 
the AZ Legislature out of the process for drawing congressional 
districts, despite language in the Elections Clause of the Constitution 
granting to each state’s “Legislature” the power to set the rules for 
congressional elections, subject to congressional override.

2.  This is a huge victory not only for those who support redistricting 
commissions, but those who want to see election reforms done with the 
use of the initiative process and other tools for direct democracy. This 
case makes it clear that state Constitutions enacting rights to vote and 
other election rules applicable to federal elections are safe from an 
Elections Clause challenge.  This is a huge relief.

3. The result here was somewhat of a surprise, given Justice Kennedy’s 
comments at oral argument which seemed to suggest he was taking Paul 
Clement’s textualist arguments seriously, despite earlier cases which 
suggested a more capacious reading of the term legislature.  I attribute 
much of this to Justice Kennedy’s experience as a Californian who has 
used and seen the benefits of direct democracy.

4. A key part of my Slate piece will contrast Chief Justice Roberts 
literalism here in dissent with his lack of literalism in King v. Burwell.

5. The standing part of the case could be quite significant. I’ll have 
to leave that to the standing gurus.  But looks like institutional 
standing for state legislatures is a thing (or could be a thing in the 
right case).

More to come.

[This post has been updated.]

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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
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