Arizona State Legislature v. Arizona Independent Redistricting Commission
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-1314 | D. Ariz. | Mar 2, 2015 | Jun 29, 2015 | 5-4 | Ginsburg | OT 2014 |
Holding: The Elections Clause and 2 U.S.C. § 2a(c) permit Arizona"s use of an independent commission to adopt congressional districts.
Judgment: Affirmed, 5-4, in an opinion by Justice Ginsburg on June 29, 2015. Chief Justice Roberts filed a dissenting opinion, in which Justices Scalia, Thomas, and Alito joined. Justice Scalia filed a dissenting opinion, in which Justice Thomas joined. Justice Thomas filed a dissenting opinion, in which Justice Scalia joined.
SCOTUSblog Coverage
- Independent redistricting commission survives challenge: In Plain English (Amy Howe, June 30, 2015)
- Opinion analysis: A cure for partisan gerrymandering? (Lyle Denniston, June 29, 2015)
- Court to hear dispute over redistricting power: In Plain English (Amy Howe, March 2, 2015)
- Argument analysis: Literalism vs. the power of the people (Lyle Denniston, March 2, 2015)
- Independent redistricting commission in jeopardy? Todays oral argument in Plain English (Amy Howe, March 2, 2015)
- Argument preview: Who, exactly, is "the legislature"? (Lyle Denniston, February 27, 2015)
- Fate of non-partisan redistricting on the line (Lyle Denniston, October 2, 2014)
- Petition of the day (Maureen Johnston, August 2, 2014)
| Date | Proceedings and Orders |
|---|---|
| 04/28/2014 | Statement as to jurisdiction filed. (Response due May 30, 2014) |
| 05/06/2014 | Waiver of right of appellee Arizona Secretary of State Ken Bennett to respond filed. |
| 05/08/2014 | Order extending time to file response to petition to and including June 30, 2014. |
| 06/30/2014 | Motion to dismiss or affirm filed by appellee Arizona Independent Redistricting Commission and Commissioners. |
| 07/14/2014 | Reply of appellant Arizona State Legislature, Appellant filed. |
| 07/16/2014 | DISTRIBUTED for Conference of September 29, 2014. |
| 10/02/2014 | Further consideration of the question of jurisdiction is POSTPONED to the hearing of the case on the merits limited to the following questions: 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? |
| 11/07/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the appellant. |
| 11/14/2014 | The time to file the joint appendix and appellant's brief on the merits is extended to and including December 2, 2014. |
| 11/14/2014 | The time to file appellees' brief on the merits is extended to and including January 16, 2015. |
| 12/02/2014 | Brief of appellant Arizona State Legislature filed. |
| 12/02/2014 | Joint appendix filed. (Statement of costs filed.) |
| 12/09/2014 | Brief amicus curiae of National Conference of State Legislatures filed. |
| 12/09/2014 | Brief amicus curiae of Coolidge-Reagan Foundation filed. |
| 12/22/2014 | SET FOR ARGUMENT ON Monday, March 2, 2015 |
| 12/22/2014 | Record requested from U.S.D.C. Dist. of Arizona. |
| 12/23/2014 | Record from U.S.D.C. Dist. of Arizona is electronic and located on PACER. |
| 01/05/2015 | Application (14A722) to extend the time to file a reply brief from February 17, 2015 to February 23, 2015, submitted to Justice Kennedy. |
| 01/07/2015 | CIRCULATED. |
| 01/07/2015 | Application (14A722) denied by Justice Kennedy. |
| 01/13/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellees the Arizona Independent Redistricting Commission, et al. |
| 01/15/2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for Appellee Arizona Secretary of State. |
| 01/16/2015 | Brief of appellees Arizona Independent Redistricting Commission, et al. filed. (Distributed) |
| 01/22/2015 | Brief amici curiae of Nathaniel Persily, et al. filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of the United States filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Thomas Mann, and Norman Ornstein filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of State and Local Elected Officials filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Former Gov. Jim Edgar, et al. filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Former California Governors George Deukmejian, et al. filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Scholars and Historians of Congressional Redistricting filed. (Distributed) |
| 01/23/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/23/2015 | Brief amici curiae of The Campaign Legal Center, et al. filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Jack Rakove, et al. filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of The States of Washington, et al. filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of California Citizens Redistricting Commission filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of Members of Congress filed. (Distributed) |
| 01/23/2015 | Brief amici curiae of League of Women Voters of Arizona, et al. filed. (Distributed) |
| 01/23/2015 | Brief amicus curiae of Brennan Center for Justice at N.Y.U. School of Law filed. (Distributed) |
| 02/17/2015 | Reply of appellant Arizona State Legislature filed. (Distributed) |
| 02/20/2015 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 03/02/2015 | Argued. For appellant: Paul D. Clement, Washington, D. C. For appellees: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae); and Seth P. Waxman, Washington, D. C. |
| 06/29/2015 | Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion of the Court, in which Kennedy, Breyer, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed a dissenting opinion, in which Scalia, Thomas, and Alito, JJ., joined. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined. |
| 07/31/2015 | JUDGMENT ISSUED. |