Tomorrow’s another SCOTUS day! I know we’re all waiting with
bated breath for the Obamacare and same-sex marriage decisions, which are going
to be huge deals, obviously, and their outcomes will touch the lives of
millions.
But Arizona
State Legislature v. Arizona Independent Redistricting Commission could
drop tomorrow, too (in fact, that’s what I have in my office pool). What if the
Court sides with the sore loser Arizona Republicans (they deemed a
congressional map with multiple competitive districts "losing") and
declares redistricting commissions unconstitutional?
The impact is pretty impossible to predict -- it all depends on
the scope of the ruling. The Arizona and California commissions
were created by voters and are completely independent of legislators or the
legislative process, so if Arizona’s goes, they both go.
This alone means that 62 congressional districts are about to be
redrawn by state lawmakers.
But the decision could be more broad. A ruling that takes out
the appointed commissions (legislators appoint a majority of
members but aren't directly involved in actual map-drawing process) will change
the redistricting process in Hawaii, Idaho, Montana, New
Jersey, and Washington.
That's another 27 congressional districts in the hands of state
legislative map-drawers.
What if the decision wipes out backup
commissions (which draw
congressional maps if the legislature deadlocks), too? That's Connecticut
and Indiana, an additional 14 congressional districts.
And what about advisory
commissions? In Iowa, Maine, and New York,
these commissions draft the congressional maps and submit them to the
legislature for approval. In Ohio, the commission "supports the
work of the legislature." Iowa's commission involves no state
legislators, while the Maine, New York, and Ohio
commissions are mostly made up of and/or are appointed by state lawmakers. If
the Arizona decision
does away with these commissions, state legislators will have sole authority to
draw 49 additional congressional districts.
A decision in favor of the Arizona State Legislature
will affect at least 62 districts, and it could impact as many as 152
districts. Either way, it's a BFD.
Could a legislature still give away its own authority to draw
maps to a non-legislative commission? If a couple of legislators were on the
commission, would that be sufficient? What if an independent commission drew
the map, but a legislature has to approve it (the Iowa model)? Do
governors even have authority to veto congressional maps (they already don’t in
some places – North Carolina, for example)?
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