I blogged earlier about the Arizona legislature's challenge to the independent redistricting commission, authorized by initiative, on the grounds that the commission improperly removed power from the "legislature" to redistrict congressional districts. A three-judge federal panel has found that the commission is constitutional. Two judges joined an opinion adopting the rationale from Hildebrant and Smiley. But Judge Rosenblatt dissented, distinguishing precedent and concluding that the initiative's "evisceration" of the legislature's ability to redistrict "is repugnant to the Elections Clause's grant of legislative authority."

Arizona may appeal the case directly to the United States Supreme Court.