Supreme Court to decide case over who may draw election districts

The Supreme Court agreed Thursday to hear an appeal from state legislators in Arizona who seek to squelch independent citizens commissions created in Arizona and California to draw election districts for members of Congress.

They argue the redistricting power belongs to them alone, pointing to a provision in the Constitution that says “the times, places and manner of holding elections for Senators and Representatives shall be prescribed in each State by the Legislature thereof.”

Washington attorney Paul Clement, representing the Arizona legislature, called the voters’ decision to put the redistricting power in the hands of a citizens commission a “radical measure.” The state legislature “is quite literally cut out of the process completely,” he said.

Reformers who put the issue on the ballot argued that was exactly the point. They said partisan legislators should not have the authority to draw election districts so as to ensure the re-election of their favored candidates.

California voters approved a ballot measure in 2010 that created the California Citizens Redistricting Commission, and its newly drawn election districts resulted in more closely contested races, including by the two Democrats who represented parts of the San Fernando Valley.

In February, a three-judge panel upheld Arizona’s redistricting commission. The 2-1 majority decided that when the voters act to amend the state’s constitution, they are acting as the legislature.

But the Supreme Court said Thursday it will hear the appeal in the case of Arizona State Legislature vs. Arizona Independent Redistricting Commission.

The appeal notes that California’s commission was created by voters just like in Arizona. It added that Hawaii, Idaho, New Jersey and Washington have similar commissions, but they began with the consent of the legislature.

Twitter: @DavidGSavage