Saturday, February 14, 2015

Supreme Court Could Make Dozens of State Election Laws Unconstitutional


The Brennnan Center for Justice at New York University School of Law has an interesting article about these issues.

On March 2, the Supreme Court will hear arguments in Arizona Legislature v. Arizona Independent Redistricting Commission, which will decide whether Arizona voters had the power, through a citizen ballot initiative, to establish an independent redistricting commission to draw the state’s congressional maps every ten years.

The case could invalidate congressional redistricting commissions in half a dozen states and also throw into doubt the tie-breaking procedures used in four states to resolve legislative deadlocks.

The ramifications of the case extend beyond redistricting, however.

The Arizona Legislature's constitutional challenge to the commission is based on the Constitution’s Elections Clause and contends that the clause should be read to mean that the “times, places and manner” of federal elections can be set only by state legislatures or by Congress.  That clause governs not just redistricting plans but a wide range of laws related to federal elections.  If Arizona’s independent commission is struck down as unconstitutional, at least 20 other state laws, also adopted by citizen ballot initiative could fall, and dozens more could be at risk if the court adopts the narrowest reading of the clause.  In short, the ruling, expected in late spring or this summer, could be a blockbuster.

CLICK HERE to view a chart of the states that are affected and what procedures could be overturned.

The Brennan Center filed an amicus brief urging the Supreme Court to uphold the constitutionality of redistricting commissions like the one used in Arizona.

CLICK HERE to read Arizona State Legislature v. Arizona Independent Redistricting Commission (Amicus Brief).











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