The SCOTUS recently heard arguments to overturn Proposition 106. “Proposition 106 amended the Arizona Constitution to create an independent redistricting commission to re-draw the state’s legislative and congressional district lines after every census.” The law is being challenged by the Arizona legislature. The legislature argues their power to gerrymander districts is protected by Article I, Section 4 of the federal Constitution, which reads, in part: “The times, places and manner of holding elections for … Representatives, shall be prescribed in each state by the legislature thereof.” Will the court uphold the right of citizens to legislate through the initiative process?
In 1995 the SCOTUS ruled citizens couldn’t term limit their state’s congressional delegation (U.S. Term Limits, Inc. v. Thornton). The decision invalidated Congressional term limits provisions of 23 states.