The Independent Redistricting Commission is telling the U.S. Supreme Court that a bid by state lawmakers to take back the power to draw Congressional boundary lines is legally flawed and should be rejected. 

The battle is over a section of the U.S. Constitution which says “the time, place and manner of electing members of Congress” is up to the state’s legislature. 

Attorneys for the Republican-controlled legislature say that means voters did not have the authority to take those duties away from state lawmakers. But Mary O’Grady, who represents the Redistricting Commission, says the state constitution names the people as the ultimate legislative authority, meaning they had every right to make the change.

“The election clause isn't there to tell the states how to exercise their authority. That's up to the states. The election clause just gives states power to address time, place and manner, subject to Congressional preemption,” O'Grady said.

If the court sides with the lawmakers they would redraw the lines for future elections, giving majority Republicans the ability to draw the lines to favor the GOP.