Page:Arizona State Legislature v. Arizona Independent Redistricting Comm’n.pdf/15

Rh claim asserted,” but it “in no way depends on the merits” of the claim).

The AIRC argues that the Legislature’s alleged injury is insufficiently concrete to meet the standing requirement absent some “specific legislative act that would have taken effect but for Proposition 106.” Brief for Appellees 20. The United States, as amicus curiae, urges that even more is needed: the Legislature’s injury will remain speculative, the United States contends, unless and until the Arizona Secretary of State refuses to implement a competing redis­tricting plan passed by the Legislature. Brief for United States 14–17. In our view, the Arizona Legislature’s suit is not premature, nor is its alleged injury too “conjectural” or “hypothetical” to establish standing. Defenders of Wildlife, 504 U. S., at 560 (internal quotation marks omitted).

Two prescriptions of Arizona’s Constitution would ren­der the Legislature’s passage of a competing plan and submission of that plan to the Secretary of State unavail­ing. Indeed, those actions would directly and immediately conflict with the regime Arizona’s Constitution establishes. Cf. Sporhase v. ''Nebraska ex rel. Douglas'', 458 U. S. 941, 944, n. 2 (1982) (failure to apply for permit which “would not have been granted” under existing law did not deprive plaintiffs of standing to challenge permitting regime). First, the Arizona Constitution instructs that the Legislature “shall not have the power to adopt any meas­ure that supersedes [an initiative], in whole or in part, … unless the superseding measure furthers the purposes” of the initiative. Art. IV, pt. 1, §1(14). Any redistricting map passed by the Legislature in an effort to supersede the AIRC’s map surely would not “furthe[r] the purposes” of Proposition 106. Second, once the AIRC certifies its redistricting plan to the Secretary of State, Arizona’s Constitution requires the Secretary to implement that plan and no other. See Art. IV, pt. 2, §1(17); Arizona Minority Coalition for Fair Redistricting v. Arizona Independent