Today (Monday, October 31, 2011), the United States Supreme Court affirmed the right of the State of Mississippi to redistrict itself in 2012 and not the federal courts.
“This means the elections we will hold next Tuesday to elect our Legislature are affirmed by the United States Supreme Court. As importantly, this means our Mississippi Constitution controls the election of our Representatives,” says Secretary of State Delbert Hosemann. “The Supreme Court has affirmed what I have long contended, we should follow the State Constitution and protect our state’s right to redistrict our legislature without federal intervention. The Constitution had a very good day.”
On May 16, 2011, a federal three-judge panel upheld,
“…We agree with the Secretary of State’s position that imposition of a remedy is premature and allow the 2011 legislative elections to proceed under the present districts…”
In addition, the Memorandum Opinion and Order issued by Judges E. Grady Jolly, Tom S. Lee, and Louis Guirola, Jr., stated:
“…The plain language of the Mississippi Constitution thus demonstrates that under State law the Legislature is not required to reapportion itself until its regular session in 2012…” Section 254 of the State Constitution states, in part, “The Legislature shall at its regular session in the second year following the 1980 decennial census and every (10) years thereafter…apportion the state in accordance with the Constitution of the State…”
“…we are certain that it is the most respectful of all proposals to the principles of federalism, to the unchallenged laws of the State of Mississippi, to the holdings of the Supreme Court of the United States, and to the proper placement of responsibility of reapportionment-the Legislature of the State of Mississippi.”