It’s a rare day when the media arm of the Arizona Republican Party, The Arizona Republic(an), Our View: Lawmakers vs. the people – who wins? (Our View: The people have spoken. They don’t trust lawmakers to draw election maps. But will the Supreme Court listen?), and the “librul” New York Times, Will the Supreme Court Say No to Gerrymandering? (Americans need to have more direct control over the integrity of the electoral process), can agree with one another: Republicans in the Arizona legislature determining congressional district boundaries is a bad thing.
Unfortunately, both editorial boards are going to be disappointed by what the U.S. Supreme Court appears most likely to do in Arizona State Legislature v. Arizona Independent Redistricting Commission.
I have read most of the national news media reporting on the oral argument yesterday, and the vast majority of reporting is in the vein of this AP headline: Justices Seem Skeptical of Independent map Drawers.
Election law attorney Rick Hasen has his Analysis: Supreme Court Looks to Endanger Citizen Redistricting Commissions and MORE:
I have now had a chance to review the transcript in Arizona State Legislature v. Arizona Independent Redistricting Commission and the news is not good. It appears that the conservative Justices may be ready to hold that citizen redistricting commissions which have no role for state legislatures in drawing congressional districts are unconstitutional. What’s worse, such a ruling would endanger other election laws passed by voter initiative trying to regulate congressional elections, such as open primaries. For those who don’t like campaign finance laws because they could protect incumbents, this is a ruling that could make incumbency protection all the worse, removing the crucial legislative bypass which is the initiative process (for congressional elections).

