In its Arizona redistricting decision, the Supreme Court hasmade explicit that redistricting initiatives are a state legislativeaction
This week, the Supreme Court found in favor of the state of Arizona's use of an independent commission to conduct the redistricting process once every decade. The state's Republican-led legislature had argued that the commission is unconstitutional. During oral arguments in March Keith Gaddie wrote that the disagreement centered on one word — the term 'legislature.' The Court's conservative wing fragmented. Some broke toward a literal interpretation of the word, while others argued a lack of standing over the case. The progressives joined with Justice Kennedy to support an evolving understanding of the word 'legislature' based on the evolution of state lawmaking institutions since 1787. The majority finds that states have broad latitude to define their legislative processes, simultaneously making a states' rights argument while also dramatically expanding the latitude of progressive institutions to be used for possible political reform.
