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Litigation

 

Harris v. Arizona Independent Redistricting Commission

Case Information

Date Filed: April 29, 2014
State: Arizona
Issue: Redistricting
Courts that Heard this Case: US Supreme Court (Case 14-232); US District Court for the District of Arizona (Case 2:12-cv-00894)

Issue:

1. Does the desire to gain partisan
advantage for one political party justify
intentionally creating over-populated legislative
districts that result in tens of thousands of
individual voters being denied Equal Protection
because their individual votes are devalued,
violating the one-person, one-vote principle?
 

2. Does the desire to obtain favorable
preclearance review by the Justice Department
permit the creation of legislative districts that
deviate from the one-person, one-vote principle?
And, even if creating unequal districts to obtain
preclearance approval was once justified, is this
still a legitimate justification after Shelby County v.
Holder, 133 S.Ct. 2612 (2013)?
 

3. Was the Arizona redistricting
commission correct to disregard the majorityminority
rule and rely on race and political party
affiliation to create Hispanic “influence” districts?

Status:

Jurisdictional Statement (filed 8/25/14). Motion to dismiss or affirm filed by appellees Arizona Independent Redistricting Commission, et al. (filed 11/13/14). Brief of appellee Arizona Secretary of State Michele Reagan in support of appellants (filed 09/04/15). Brief of appellants Wesley W. Harris, et al. (filed 09/04/15). Brief of appellee Arizona Independent Redistricting Commission (filed 10/26/15). Oral argument held 12/8/15. Opinion filed 4/20/16.

District Court Documents

U.S. Supreme Court Documents

Commentary

Edward B. Foley

A Special Master for the Cohen Case?

Edward B. Foley

There should be a strong presumption against special treatment just because the president is involved. 

more commentary...

In the News

Daniel P. Tokaji

This is why US election ballots routinely go missing

Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

 

"Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


more EL@M in the news...

Info & Analysis

District Judge Rules in Favor of State in Ohio Voter Registration Case

Ruling on forms used by the state of Ohio to remove inactive voters from the voter rolls, U.S. District Judge George Smith found one minor violation of the National Voter Registration Act, but otherwise ruled that the forms did not violate federal law. The case is Ohio A. Philip Randolph Institute v. Husted.

more info & analysis...