Kerr v. Hickenlooper

LUCERO, Circuit Judge.

We are asked to take a second look at this case to consider the effect of the Supreme Court’s intervening opinion in Arizona State Legislature v. Arizona Independent Redistricting Commission, — U.S. -, 135 S.Ct. 2652, 192 L.Ed.2d 704 (2015) (hereinafter “Arizona”). See Hickenlooper v. Kerr, — U.S. -, 135 S.Ct. 2927, 192 L.Ed.2d 956 (2015). In Arizona, the Supreme Court held that the Arizona Legislature as an institution had standing to challenge a voter-approved proposition. 135 S.Ct. at 2659. For standing purposes, the Arizona Court distinguished individual legislators,…