Tea-Publicans in the Arizona legislature currently have pending before the U.S. Supreme Court an appeal, Arizona State Legislature v. Arizona Independent Redistricting Commission, that seeks to overturn the will of the voters of this state in enacting the Arizona Independent Redistricting Commission by a citizens initiative, Prop. 106 (2000).
The argument is that only the legislature can redistrict congressional district lines under the U.S. Constitution, and that the citizens of Arizona do not have the authority to divest the legislature of this power and to assign it to an independent redistricting commission that largely cuts the legislature out of the congressional redistricting process.
Attorneys for the state of Arizona effectively conceded at oral argument that the citizens of Arizona do have the authority under the Arizona Constitution to divest the legislature of the power to redistrict state legislative districts, and to assign it to an independent redistricting commission that largely cuts the legislature out of the state legislative redistricting process.
This case was argued on March 2, 2015, and a decision is expected before the end of June.
Democrats in Congress last week took an opposite tack, introducing a bill to end gerrymandering of congressional districts that largely relies on the creation of independent redistricting commissions, like the one we have here in Arizona. Democrats introduce bill to end gerrymandering:
A group of Democrats introduced legislation Thursday to overhaul and streamline the way the nation’s 435 U.S. House districts are redrawn every decade to reflect population shifts determined by the U.S. Census. The Redistricting Reform Act of 2015 (.pdf).
“What we see now is too often a troubling reality in which politicians choose their voters instead of voters picking their elected officials,” said Rep. Zoe Lofgren, D-Calif., a lead sponsor of legislation she says would create “a more transparent electoral process.”