Supreme Court Upholds Authority of Redistricting Commissions

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This morning in Arizona State Legislature v. Arizona Independent Redistricting Commission, the U.S. Supreme Court rejected a constitutional challenge to the Arizona Independent Redistricting Commission (“IRC”). The U.S. Constitution permits voters to delegate map-drawing power, for both state-level and federal-level offices, to redistricting commissions. The decision likely benefits Democrats in Arizona, but Republicans nationally.

Legal Issue -

The Elections Clause of the U.S. Constitution provides that “the Times, Places and Manner of holding Elections . . . Representatives, shall be prescribed in each State by the Legislature thereof.” The issue in the case was whether the IRC is “the Legislature” within the meaning of the Elections Clause and, by extension, whether the IRC may draw congressional district maps in Arizona. (Although the IRC draws maps for state-level offices as well, the case challenged only the IRC’s authority to draw maps for federal-level offices.)

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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