Small Error in Justice Ginsburg’s AZ Redistricting Decision

A reader via email notes to me that Justice Ginsburg’s decision in the AZ redistricting case contains a minor error of fact on page 8 of the slip opinion. The opinion states:

The California Redistricting Commission, established by popular initiative, develops redistricting plans which become effective if approved by public referendum.7

7. See Cal. Const., Art. XXI, §2; Cal. Govt. Code Ann. §§8251–8253.6 (West Supp. 2015).

In fact, there is no referendum requirement in Art. XXI of the state Constitution. Instead, the go into effect after being approved, but they are subject to potential referendum under the usual rules for referenda of legislative matters. See Cal. Consts. Art. XXI section 2(i):

(i) Each certified final map shall be subject to referendum in the same manner that a statute is subject to referendum pursuant to Section 9 of Article II. The date of certification of a final map to the Secretary of State shall be deemed the enactment date forpurposes of Section 9 of Article II.

The last time readers pointed out an error in a Justice Ginsburg opinion, I noted it on the blog and the Justice quickly corrected it.

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