Thursday, November 17, 2011

The Mathis ruling...

Essentially, the court said that no matter how much the governor, her handlers, and their mouthpieces insist otherwise, the removal of Colleen Mathis is something that is subject to judicial review.  Like almost every act committed by legislative and executive branches of every level of government since Marbury v. Madison.

It also said that no matter how much those same folks insist otherwise,  Mathis has done nothing to meet the threshold set in the Arizona Constitution to justify her removal from office.

My way of putting it:  Actually being the independent on the *independent* redistricting commission and conducting yourself in an independent manner is NOT grounds for kicking being kicked out of office.

No matter how much Jan and her clan click their heels together while say "we wish we still controlled district lines, we wish we still controlled district lines."

Because the order is short, here it is in its entirety -
Having considered the filings in this matter by the petitioner, the intervenor, the respondents, and the amici curiae, and the arguments of counsel,

1. The Court accepts jurisdiction of the petition for special action, having concluded that it has jurisdiction under Article 6, Section 5(1) of the Arizona Constitution;

2. The Court concludes that the issues presented in this matter are not political questions and are therefore justiciable. See Brewer v. Burns, 222 Ariz. 234, 238-39 ¶¶ 16-22, 213 P.3d671, 675-76 (2009);

3. The Court concludes that the letter of November 1, 2011, from the Acting Governor to the intervenor Colleen Mathis does not demonstrate “substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office” by the intervenor Mathis, as required under Article 4, Part 2, Section 1(10) of the Arizona Constitution;

Therefore, the Court grants the relief requested by the intervenor Mathis and orders that she be reinstated as chair of the Independent Redistricting Commission.

The Court in due course will issue an opinion more fully detailing its reasoning in this matter. 
Might I suggest a title for the sequel to Jan Brewer's book?

Crow For Breakfast

From a Facebook posting from the AIRC -
The Arizona Supreme Court has reinstated Colleen Coyle Mathis as chairwoman of Arizona's Independent Redistricting Commission.

The justices issued their ruling late this afternoon, a couple hours after hearing oral arguments on the issue.

Once the executive director has contacted the five commissioners and determined how they want to move forward, the staff will make the appropriate arrangements.
Arizona Capitol Times coverage here (subscription required)

Arizona Republic coverage here

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