The U.S. Supreme Court will hear arguments Tuesday about why legislative districts in Arizona have unequal populations and whether that matters legally.
Republican challengers want the justices to rule that the Independent Redistricting Commission acted illegally when it drew the lines for all of the elections for this decade.
The commission has already conceded there's an 8.8 percent difference in population between the largest and smallest of the state's 30 districts. That point is not in dispute. So what the high court will consider is whether the redistricting was justified.
Commission attorneys said the deviations were drawn to comply with the federal Voting Rights Act to preclude states from changing laws in ways that dilute minority voting strength. But attorney Mark Hearne, who represents Republicans challenging the current districts, said that does not justify the disparities.
"The Voting Rights Act doesn't trump one person/one vote because even the Justice Department admits themselves in their briefing that the Voting Rights Act cannot, does not compel to dilute votes to obtain pre-clearance approval," said Hearne.
If the justices agree, the commission will have to redraw the lines without the population differences. Any shifts could pave the way for Republicans, who already dominate both the Arizona House and Senate, to pick up even more seats.