The Supreme Court is skeptical of Citizen Panels that Redraw Congressional Districts

The future of California’s effort to entrust a nonpartisan citizens’ panel with redrawing the state’s congressional districts appeared in serious doubt Monday after arguments in the Supreme Court.

The court’s conservative justices voiced agreement with a lawyer for Arizona’s Republican-led Legislature who insisted the Constitution reserved redistricting power exclusively for elected state lawmakers.

Voters in Arizona and California have approved ballot measures in recent years that shifted redistricting authority from politicians to independent commissions in an effort to curtail creation of voting districts with boundaries that clearly favor a single political party or individual.

The case heard Monday raises the question of whether gerrymandering, as such partisan redistricting is known, is protected by the Constitution.

Arguing on behalf of the Arizona lawmakers, former U.S. Solicitor Gen. Paul Clement said voters may not “cut out” a state’s lawmakers and give the power to “an unelected and unaccountable commission.”

If the court’s majority agrees — which appeared likely based on the justices’ responses — the ruling would strike down numerous congressional districts in Arizona and California that were drawn by nonpartisan citizen commissions.

It also would deal a setback to reformers who see independent commissions as the best weapon to stop politicians from manipulating electoral district lines to protect incumbents or political fiefdoms.

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