U.S. CONSTITUTION

Arizona State Legislature v. Arizona Independent Redistricting Commission

Issues

Is Arizona’s use of a commission to adopt congressional districts permissible under the Constitution and 2 U.S.C. § 2a(c), and does the Arizona Legislature have standing to bring suit to challenge such a commission?

In 2000, Arizona passed Proposition 106, which formed the Arizona Independent Redistricting Commission (“AIRC”). The AIRC’s purpose is to manage congressional districts. Prior to the referendum, the Arizona State Legislature (“Legislature”) had the power to determine congressional districts through the traditional legislative process. In 2012, the Legislature filed suit in the U.S. District of Arizona to challenge the legitimacy of the AIRC. A three-judge district court dismissed the suit, holding that the AIRC could remain in charge of redrawing congressional districts. The Legislature appealed to the U.S. Supreme Court to determine whether the Elections Clause and 2 U.S.C. § 2a(c) permit Arizona to use the AIRC to redraw congressional districts. 

Questions as Framed for the Court by the Parties

  1. Do the Elections Clause of the United States Constitution and 2 U.S.C. § 2a(c) permit Arizona’s use of a commission to adopt congressional districts?
  2. Does the Arizona Legislature have standing to bring this suit?

In Arizona prior to 2000, the Arizona State Legislature (“Legislature”) had the authority to alter and decide congressional districts through the ordinary legislative process. See AZ State Legislature v. AZ Independent Redistricting Committee, 997 F. Supp. 2d 1047, 1049 (D. Ariz.

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