PHOENIX — A panel of federal judges on Friday dismissed a lawsuit filed by
the Republican-controlled Arizona Legislature that sought to throw out maps of
the state’s U.S. congressional districts adopted in 2012.
The three-judge panel’s majority ruling rejects lawmakers’ arguments that the
U.S. Constitution gives only the Legislature the authority to draw maps for the
federal districts. U.S. District Judge Paul Rosenblatt dissented.
The state’s voters created the Arizona Independent Redistricting Commission in
2006 when they enacted Proposition 106. The commission was given the power
previously held by the Legislature to draw federal congressional maps and state
legislative district maps. The commission adopted maps in 2002 and again 10
Republican lawmakers didn’t challenge that right until after the 2012 maps were
The majority on the panel ruled that Arizona voters’ creation of the commission
to draw districts was not unconstitutional and that the U.S. Supreme Court has
upheld similar efforts by states to remove the drawing of district maps from
“The Arizona Constitution allows multiple avenues for lawmaking, and one of
those avenues is the ballot initiative, as employed here through Proposition
106,” U.S. District Judge Murray Snow wrote. “Plaintiffs…cannot dispute
that the initiative power is legislative.”
Rosenblatt, however, strongly broke with Snow and Circuit Judge Mary Schroeder.
He noted that the way the commission is chosen by the Legislature, from a list
drawn up by the state’s commission on appellate appointments, and that fact that
the commission can reject the Legislature’s suggested map changes, undermine the
Legislature’s constitutional power to oversee elections
“I believe that Proposition 106’s evisceration of that ability is repugnant to
the Elections Clause’s grant of legislative authority,” Rosenblatt wrote.
Commission attorney Joseph Kanefield said the court ruled correctly.
“It was a good ruling for the state of Arizona and the citizens, for that
matter,” Kanefield said.
Kanefield said the ruling means the commission will continue to be the body
that draws congressional lines and that the 2014 election will use lines drawn
by the commission. Kanefield said he expects the lawmakers who sued to appeal.
House Speaker Andy Tobin the result was not unexpected but was pleased to see
the strong dissent from Rosenblatt. He said the Legislature expected all along
that the case would head to the U.S. Supreme Court and he expects that effort to
begin soon. That appeal bypasses lower courts.
“If they think it’s frivolous we want to know that, too, and then the argument
will be over,” Tobin said.
A second federal lawsuit filed by 11 Republican voters, including the wife of
Arizona Senate President Andy Biggs, challenges the maps the commission drew for
state Legislative districts. Another three-judge panel held a full trial in that
case 11 months ago but has not yet ruled. A third case challenging the
commission’s maps is being litigated in state court.