HELENA – Republicans say the Supreme Court has a chance to prove its neutrality by picking a nonpartisan chairman of the panel that draws legislative districts — and heal the lingering hard feelings many in the GOP felt after the court’s last pick.
For 10 years, many Republicans have been bitter about the court’s decision to place a Democrat in charge of the last redistricting commission. Ever since, the Supreme Court has become almost a bad word among the GOP faithful.
Now, the issue goes to the Supreme Court again later this week.
The two Democrats resisted the efforts of the two Republican members on the panel to choose a nonpartisan chairman. The Constitution says the Supreme Court makes the pick when the panel deadlocks.
Many Republicans believe Democrats forced the issue to the Supreme Court knowing that the high court would give them what they want — control of the redistricting panel.
“The court in my opinion is more of a liberal persuasion, so the Democrats’ chances of getting someone appointed is quite good,” said Sen. Daniel McGee, R-Laurel. “If it happens again, I can tell you we would be upset.”
Democrats have a different take. Democratic Commissioner Joe Lamson, a key figure on the last panel, said Democrats were simply undoing the previous districting plan that was slanted toward Republicans.
“So far the other side seems a little more interested in posturing than getting down to business,” Lamson said.
The two Democratic commissioners are sticking with their sole choice to serve as chair, Holly Kaleczyc, who has worked in Democratic politics.
Jon Bennion, one of the two Republican commissioners on the panel, said Republicans just want a nonpartisan chairman. He pointed to their nominations that included political science professors such as Craig Wilson of MSU-Billings and James Lopach of the University of Montana.
Bennion said he doesn’t think the court intended last time to make the situation so partisan by giving Democrats control of the panel.
“I think the last cycle demonstrated how partisan things can be if you don’t pick someone neutral and nonpartisan,” said Bennion. “I think this time they should look at partisanship and make that a disqualifier. Whether they are Republican or Democrat, they probably should not chair the commission.”
The Supreme Court has a new chief justice since the last time it entered the redistricting fray 10 years ago. Former Democratic Attorney General Mike McGrath has the lead post, taking over from the retired Karla Gray.
“I have great respect for Mike McGrath, so I would hope that he and the rest of the court will recognize the very significant duty they have before them,” said McGee, a Republican senator. “They now have an opportunity to show that they are not biased one way or another.”