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Litigation

Arizona Minority Coalition for Redistricting v. The Arizona Independent Redistricting Commission

Case Information

Date Filed / Ended: March 6, 2002 / October 21, 2005
State: Arizona
Issue: Redistricting
Courts that Heard this Case: U.S District Court for the District of Arizona (Case CV-03-1036-PHX-ROS); Supreme Court State of Arizona (Case CV-03-0356-SA); Superior Court of Arizona, Maricopa County (Case CV 2002-004380); Court of Appeals, State of Arizona Division One (Case 1 CA-CV 04-0061)

Summary

In this case, Plaintiffs, the Arizona Minority Coalition for Fair Redistricting, several state legislators and others, brought Equal Protection challenges to Arizona's new districting plans for its state legislature and its congressional delegation. With respect to the redistricting plan regarding the state legislature, Plaintiffs specifically alleged that competitive districts were not created by the Arizona Independent Redistricting Commission ("Commission"). As to the congressional redistricting, Plaintiffs alleged that this new plan was a violation of Equal Protection as it discriminated based on race. Part of this alleged discrimination and challenge to the improper congressional plan consisted of removing the Hopi Tribe from the same district as the Navajo Nation.

The trial court enjoined the legislative plan in question, and entered summary judgment in favor of the Commission in relation to the congressional redistricting plan. The Court of Appeals reversed the trial court's holding regarding the state legislature districting plan, and remanded this claim for further analysis under rational basis, rather than strict scrutiny, review. The Court of Appeals upheld the trial court's granting of summary judgment on the Equal Protections claim regarding the congressional districting, as the Court of Appeals found that placing the Hopi Tribe in a separate district from the Navajo Nation respected the interests of both groups and the districts were properly drawn.

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David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

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Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

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