Lawyers representing the plaintiffs in the last case stemming from state Republicans’ 2003 attempt to change Colorado’s congressional boundaries to favor their party appealed their case to the U.S. Supreme Court on Tuesday.
A federal court dismissed the case in July and John Zakhem, a lawyer representing the mostly Republican plaintiffs, said then that he would appeal.
On Tuesday, Zakhem said he had appealed on three grounds:
The federal three-judge panel erred when applying a legal doctrine that prevents his clients from suing.
The provision of the Colorado Constitution that prevents the legislature from redistricting after a court ruling on the issue violates the U.S. Constitution.
The state constitution violates the First Amendment because it prevents citizens from petitioning the government for redress.
Democratic state party chair Pat Waak said, “The redistricting is finished. It’s over with. It’s been settled and anything else is just a waste of the taxpayers’ money.”
Republican Attorney General John Suthers’ office defended then-Secretary of State Donetta Davidson in the case. As secretary of state, Davidson was in charge of the state’s elections.
In 2003, the GOP-controlled legislature approved a new congressional map in the final three days of the session.
It replaced a plan drawn by a Denver District Court judge after the legislature failed to agree on boundary lines in time for the 2002 elections.
Democrats successfully challenged the Republican-supported redistricting plan.
Zakhem said he asked the U.S. Supreme Court to act immediately so the case will be settled before the 2006 elections.
The court, he said, could uphold the lower court ruling, reverse the lower court and send it back to be heard again or hold oral arguments itself.
Staff writer Chris Frates can be reached at 303-820-1633 or cfrates@denverpost.com.
