Colorado General Assembly petitions U.S. Supreme Court to review Colorado decision invalidating redistricting plan
Clients Colorado General Assembly
Jones Day was retained to prepare a petition urging U.S. Supreme Court review of the Colorado Supreme Court's decision invalidating a congressional redistricting plan enacted by the state legislature in 2003. The state court concluded that the state constitution prohibits mid-decade redistricting after the imposition of a court-drawn plan. The issue presented to the U.S. Supreme Court was whether the federal constitution, which requires rules for congressional elections to be made by the state "Legislature," overrides a state constitutional provision requiring the use of a court drawn redistricting plan in place of a legislatively enacted plan. The U.S. Supreme Court narrowly denied the petition, with a rare dissenting opinion filed by Chief Justice Rehnquist and joined by Justices Scalia and Thomas.
Colorado General Assembly v. Salazar, 124 S. Ct. 2228 (2004) (cert. denied)