Interns rushing from the US Supreme Court to get rulings to waiting TV crews
The Arizona legislature haz a sad. They brought this case against their own citizens and they pushed it all the way up to the US Supreme Court, confident that they would win. They didn’t. Instead the citizens of Arizona won and it's a huge win because fair districting was on the line.
The four liberal justices, RBG, Elena Kagan, Sonia Sotomayer and Stephen Breyer, were joined by Anthony Kennedy to form the majority five, the same five who ruled in favor of marriage equality.
Justice Ruth Bader Ginsburg delivered the majority opinion and made it very clear where she stood.
The voters should choose their representatives, not the other way around.
Hear hear, Justice Ginsburg, hear hear!
Kevin Russell at SCOTUSblog provided background for the case:
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.
Prior to the announcement, Karoli of
Crooks and Liars wrote:
Speaking as a Californian who has seen much fairer districts as a result of the independent process, I don't want to see them gutted. But after listening to the oral arguments, it's entirely possible they could be, and by a larger-than-minimum majority.
She will be very pleased by this decision!
Amy Howe, retired lawyer, is another who provides expert commentary at SCOTUSblog. She noted that:
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.
The ruling for the Arizona Independent Redistricting Commission will have only a narrow effect on the rest of the nation in regards to gerrymandering. It simply affirms that citizens have the power to vote to establish a commission to end gerrymandering in their state. Until such time that Congress outlaws gerrymandering or SCOTUS rules it unconstitutional, it is not considered illegal. Nevertheless, it is indisputably unfair in theory and practice, and should never be tolerated in a democratic republic.
So congratulations Arizona! You deserve this win.