Legislative Management Committee OKs Amicus Brief in Redistricting Case after Tie-Breaker

The Legislative Management Committee voted to direct the legislative general counsel to file an amicus brief on behalf of the legislature in Powers Gardner v. Henderson, a federal case challenging congressional district boundaries.

President Adams moved the measure, saying the litigation raises questions about "the legislature's constitutional authority to draw boundaries" and arguing the legislature needed to protect that authority by participating as a friend of the court. "I move that the legislature27s legislative general counsel be directed to file an amicus brief on behalf of the legislature," Adams said, adding that the authorization should extend to appellate courts including the United States Supreme Court.

Representative Owens objected, arguing the matter is a federal-level issue and that "taxpayer dollars would be better spent" on other needs. "We've had a lot of discussion over interim and coming into the session," Owens said, and he suggested the litigation "will take care of itself without our brief as a friend of the court." Adams responded that the filing is appropriate because the case could implicate the legislature's constitutional powers.

The committee proceeded to a roll call vote. The roll call produced an 8-8 tie. Under the committee27s rules, the Senate president and the House speaker may together cast an additional vote to break a tie; President Adams and Speaker Schultz cast that tie-breaking vote in favor of the motion, and the chair announced the motion passed.

No public commenters addressed the item during the meeting. After business concluded, Senator McHale moved to adjourn and members voted "aye." The committee adjourned.

What happens next: The motion authorizes the legislative general counsel to file the brief and to consult with the president and speaker about necessary matters; the transcript does not specify a filing deadline or the general counsel27s timetable for filing.