Supreme Court Upholds Arizona’s Right to Ensure Minority Representation
Mother Jones
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The Supreme Court upheld an Arizona redistricting commission’s right to draw legislative districts in a way that ensures minority representation, delivering a crushing rebuke on Wednesday to a group of Arizona tea party activists who’d sought to strike down the state’s redistricting maps in order to increase the voting power of rural white voters.
In Harris v. Arizona Independent Redistricting Commission, the plaintiffs were taking on Arizona’s Independent Election Commission, a body created through a 2000 ballot initiative intended to make redistricting less partisan. The commission produced its first legislative maps after the 2010 census. Its work came under fire almost immediately, primarily by Republicans. At one point, then-Gov. Jan Brewer (R) attempted to impeach the commission’s chair in what was seen as a power grab. When that failed, in 2012, the Republican-led state legislature filed a lawsuit arguing that the ballot measure that created the commission was unconstitutional because it deprived the legislature of its redistricting power. The lawsuit went all the way to the US Supreme Court, which last June ruled 5-4 in the commission’s favor.
In the current lawsuit, filed in 2014, the plaintiffs, all Republicans, argued that the commission diluted their voting power by packing more people into Republican districts while underpopulating Democratic ones. They wanted the court to mandate that all district have almost exactly equal populations; the current ones vary by 4 to 8 percent. The commission, in turn, responded that it drew the districts in such a way as to win approval from the Justice Department, in compliance with the Voting Rights Act. Due to Arizona’s long history of suppressing minority voting, it was one of the jurisdictions required under the Voting Rights Act to clear any changes to legislative districts with the Justice Department before implementing them. The Supreme Court gutted this requirement in Shelby County v. Holder in 2013, but it was in place when Arizona redrew its legislative maps.
If the Harris plaintiffs had been successful, the case could have opened the floodgates to lawsuits challenging how states around the country draw their legislative districts. But in an opinion written by Justice Stephen Breyer, the court ruled unanimously that Arizona’s maps were indeed designed to comply with federal law in ensuring minority representation, and that the minor population deviations were acceptable.
It’s the second time this term the court has rejected challenges to state redistricting plans from tea party conservatives upset about the growing clout of Latino voters. In Evenwel v. Abbott, decided earlier this month, a pair of Texas plaintiffs argued that states should create state legislative districts based on the number of eligible voters in them, as opposed to total population. The move would have granted more power to rural, white areas that lean Republican over more populated urban areas that are home to large minority (and Democratic-leaning) populations. Earlier this month, the Supreme Court unanimously ruled against the Evenwel plaintiffs.
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Supreme Court Upholds Arizona’s Right to Ensure Minority Representation
