Colorado’s current congressional districts were drawn by a federal judge in 2002 when the state legislature failed to reach agreement on a plan after the 2000 census. In 2003, when the Republicans regained control, they passed a new redistricting plan intended to toss the judically mandated one at the end of the legislative session.
Then Colorado Attorney General Ken Salazar brought the issue before the Colorado Supreme Court which tossed the new Republican drawn map, holding that in Colorado, only one set of boundaries was allowed every decade. Since then, a protacted federal court litigation has brewed attempting to put the Republican drawn plan into force. A special three judge panel of the U.S. District Court for the District of Colorado dismissed those claims on remand from a U.S. Supreme Court appeal yesterday.The Court dismissed the action because the issues in question in the federal suit were already litigated in the state supreme court cases, and because the litigants were suing to enforce the rights of the People of Colorado generally, interests that were already adequately represented in the Colorado Supreme Court litigation. One of the three judges concurred, holding that the Plaintiffs were not proper parties to bring the suit on behalf of the People of Colorado, and hence, lacked standing.
Another appeal of the ruling to the U.S. Supreme Court is planned by the Republican plaintiffs.
Hat Tip to How Appealing.
UPDATE: Further discussion suggesting that the U.S. Supreme Court is unlikely to take up the case again is found at SCOTUS Blog.