Garrett Epps of The Atlantic weighs in on Arizona State Legislature v. Arizona Independent Redistricting Commission, which is one of the cases set for the U.S. Supreme Court’s “long conference” consideration on September 29. Epps writes, Will the Supreme Court Let Arizona Fight Gerrymandering?:
Constitutional disputes sometimes turn on technical legal terms: What is “due process of law,” for example, or “double jeopardy”? But most of the Constitution isn’t written in legalese, and some important cases are about the meaning of ordinary language.
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Here’s another constitutional conundrum: What does “legislature” mean?
The answer could determine an issue at the heart of our current poisonous politics. Can the voters of a state take control of drawing House districts out of the hands of their elected legislators and entrust it to a bipartisan commission? That’s what Arizona voters did in 2010. Now the legislature is demanding to be allowed back in.