Last Updated: April 20, 2016 at 11:46 AM
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
- Opinion
(filed 4/29/14)
U.S. Supreme Court Documents
- 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 amicus curiae of Southern Coalition for Social Justice in support of neither party
(filed 09/10/15) - Brief of appellee Arizona Independent Redistricting Commission
(filed 10/26/15) - Brief amicus curiae of the United States
(filed 11/02/15) - Brief amici curiae of Former Officials of the U.S. Department of Justice Who Enforced the Voting Rights Act
(filed 11/02/15) - Brief amici curiae of The Navajo Nation and Leonard Gorman
(filed 11/02/15) - Brief amicus curiae of Samuel S. Wang
(filed 11/02/15) - Reply brief of Appellant Harris
(filed 11/25/15) - Reply Brief of Appellee Arizona Secretary of State
(filed 11/25/15) - Opinion
(filed 04/20/16)


Commentary
Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test
Edward B. Foley
A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.
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