But yes, it will be interesting to see what they decide on a matter of real consequence to them -- who people get to vote for.

My gut says we'll lose this one. Not sure why but just feel we will. I think it is because it is being released the last day and all the good news has been released. Hope I am wrong. It would be amazing to get everything we want.

n/t

"who have no power to make laws" and are "activist judges" to make a decision?

All that flip flopping is creating a windstorm.

but they are not about to give us a fucking Congress that will do its job.

their power to apportion districts, but this court is full of surprises.

There was a citizen's initiative which passed and took it out of the legislature's hands. The Elections clause (Article I, Section 4-1) of the Constitution is pretty clear on this. It says "by the legislature".

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators....

The Tenth Amendment to the U.S. Constitution reads:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people.

What did we the people of AZ do to take the "time place and manner" away from the Legislature...

The people of AZ spoke....redistricting should be what the people voted for....

Goodness knows we are trying to take back our beautiful state of AZ...Gov Napolitano was our wall from the crazies....

The "people" can't change provisions of the Constitution they don't like (except by Constitutional amendment -- which this was not).

As a reference point I read - (had to read this Plain English by Amy How at SCOTUSblog) , just now) - so confusing - all the info from arguments to the bloggers opinion for Monday -

Fifteen years ago, in the hope of eliminating or at least reducing partisan battles over redistricting, Arizona voters amended the state’s constitution to hand the power to draw boundaries for federal congressional districts over to an independent commission.

The state’s legislature went to court to challenge that transfer of authority, and after an hour of oral arguments that focused almost exclusively on the words of the Constitution to be exact , the word "Legislature", it appeared that the Justices may be poised to return the power to the legislature – which could spell trouble not only for the Arizona commission, but also for California and the handful of other states with similar schemes.

During the oral argument seems Sotomayor and Ginsburg and Kagan - get it -

Kagan pressed Clement over and over again on what a ruling for the legislature might mean for other state election laws – such as allowing voting by mail or imposing voter identification requirements – that, like the initiative that created the Arizona commission, were not enacted by state legislatures.

“There are zillions of those laws,” she told Clement. Clement responded that such laws might not necessarily also be unconstitutional, depending on their specific facts. Although Kagan didn’t seem satisfied with that answer, Clement urged the Court to focus on this case, rather than hypothetical laws not before the Justices: “This,” he reminded the Court, “is about the most extreme case that you’re going to have.” “If the Elections Clause means anything,” he said, “it means that you can’t cut the legislature out of the process entirely.”

So - the people of AZ voted for a separate elections commission for redistricting...thus our voter passed amendment to the constitution..

Sorry - it is really bad here in AZ...this could have huge implications - especially for CA....we will have to wait for Monday.

..we had a great run this week..as a progressive, feels good to win once in a while....back to the drawing board - tks again

may be to have an independent commission which submits its findings to the legislature for an up or down vote. If they vote it down then the commission goes back and works on it again until they get a yes vote.

Unless the "legislature" - decides no more independent commission...

just in closing - more from Plain English at SCOTUSblog.....

The legislature was represented at the Court today by super-lawyer and former U.S. Solicitor General Paul Clement, who began with the theme that he would emphasize throughout his argument: the Arizona voter initiative “permanently divests” the legislature of its authority over redistricting, handing it over to an “unelected and unaccountable” state commission.

Such a result, he told the Justices, is “plainly repugnant” to the Constitution, which makes clear that only the legislature itself has the power to draw redistricting maps.

Fifteen years later I might add...the fix is in!

But there is another big one also. The EPA was challenged on whether it has to use costs as a factor in its rule making ability. That decision will come out Monday.

Another reason that over the past few years and more important now than ever...


GOTV.