DENVER, May 16 (UPI) -- The Colorado Supreme Court will determine if the Legislature overstepped its legal authority when it drew up new congressional districts in the recent session.
The state's highest court agreed Thursday to hear the unusual petition of Attorney General Ken Salazar raising constitutional questions about the new state law. He argues that redistricting is done only once every 10 years after the federal census. The new map supercedes a plan approved by a judge last year.
Andy Bush, a professor of political science at the University of Denver, said Friday the case is unique for a couple of reasons. It is unusual for a state to draw new lines after the initial redistricting and rare for an attorney general to challenge another agency of state government. "It's a hard to predict what will happen," he said.
Republican Gov. Bill Owens signed the bill into law a week ago after it quickly passed the Republican-controlled Legislature. In Texas, Democrats staged a walkout in the House this week to prevent the passage of a GOP-backed plan to redraw that state's congressional districts. Bush said Democrats in Texas had a lot more to lose if the GOP plan passed there.
"The only thing this new redistricting did was make two of the five Republicans more secure but it wouldn't have changed the overall balance," he said. "Whereas in Texas, there was talk that the new redistricting plan could have shifted as many as five seats."
Currently there are five Republicans and two Democrats in the Colorado congressional delegation. In Texas, there are 17 Democrats and 15 Republicans. Colorado legislators reacted along party lines to the Democratic attorney general's petition and the supreme court entry into the redistricting controversy.
"This is huge. It's never happened anywhere else in the United States," state Sen. Ken Gordon, D-Denver, told the Denver Post in Friday's edition. "On the other hand, no other group of politicians has had the audacity and the lack of shame to try to redistrict just because they can."
Rep. Shawn Mitchell, R-Broomfield, told the Post there may be problems with Salazar suing his own client, the state of Colorado.
"He is trying to be a free agent and policy activist and decide when he'll represent his clients and when he'll sue them," the attorney said. The Colorado redistricting plan is also under challenge from Democrats in state court but that lawsuit make take years to resolve. The state's highest court could decide the issue in much shorter time and before next year's elections.
Secretary of State Donetta Davidson has 30 days to respond to the attorney general and Salazar has another 30 days after she responds to file a reply. Owens, the Legislature and other parties can also file briefs in the historic case.
