BREAKING: Arizona Supreme Court orders Colleen Mathis reinstated

Posted by AzBlueMeanie:

Victory over Tea-Publican tyranny! The Arizona Republic reports Court orders reinstatement of redistricting official:

The Arizona Supreme Court Thursday evening reinstated the chairwoman of the Arizona Independent Redistricting Commission, rebuffing Gov. Jan Brewer's unprecedented action earlier this month.

The ruling came less than three hours after the court heard arguments on the case, which revolved around the extent to which the commission is free of outside political interference.

The court decided the governor's Nov. 1 removal letter to Colleen Coyle Mathis did not demonstrate "substantial neglect of duty, gross misconduct in office or inability to discharge the duties of office."

A fuller opinion will follow.

The court's ruling indicates the justices agreed with commission attorneys, who argued the court has a role in interpreting the constitutional language which outlines the grounds for removal.

The governor's media villager idiot spokesman, Matthew Benson said, "The governor strongly disagrees with the decision."

Benson said the governor, who was in Washington, D.C., on Thursday, will meet with legislative leaders to consider options. He said the court's order, which he described as "sparse," potentially leaves the door open for the governor to return with a more-specific letter spelling out reasons for removal.

Commission representatives said they need to talk to the five commissioners and figure out the next move.

I can't wait to read the opinion given the pleadings filed in this case.

Steve Muratore has the Court's order. The Arizona Eagletarian: Redistricting — Arizona Supreme Court says Brewer erred:

The Arizona Supreme Court has ruled in the Special Action seeking reinstatement of Colleen Mathis to the Arizona Independent Redistricting Commission.

Having considered the filings in this matter by the petitioner, the intervenor, the respondents, and the amici curiae, and the arguments of counsel,

1. The Court accepts jurisdiction of the petition for special action, having concluded that it has jurisdiction under Article 6, Section 5(1) of the Arizona Constitution;

2. The Court concludes that the issues presented in this matter are not political questions and are therefore justiciable.See Brewer v. Burns, 222 Ariz. 234, 238-39 ¶¶ 16-22, 213 P.3d671, 675-76 (2009);

 3. The Court concludes that the letter of November 1, 2011, from the Acting Governor to the intervenor Colleen Mathis does not demonstrate “substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office” by the intervenor Mathis, as required under Article 4, Part 2, Section 1(10) of the Arizona Constitution;

Therefore, the Court grants the relief requested by the intervenor Mathis and orders that she be reinstated as chair of the Independent Redistricting Commission. The Court in due course will issue an opinion more fully detailing its reasoning in this matter. 

DATED this ____________ day of November, 2011. FOR THE COURT_____________________________________Andrew D. Hurwitz, Vice Chief Justice