Page:Arizona State Legislature v. Arizona Independent Redistricting Comm’n.pdf/78

Rh , with whom joins, dissenting.

Reading today’s opinion, one would think the Court is a great defender of direct democracy in the States. As it reads “the Legislature” out of the Times, Places and Manner Clause, U. S. Const., Art. I, §4, the majority offers a paean to the ballot initiative. It speaks in glowing terms of the “characteristic of our federal system that States retain autonomy to establish their own governmental processes.” Ante, at 27. And it urges “[d]eference to state lawmaking” so that States may perform their vital function as “ ‘laboratories’ ” of democracy. Ante, at 28.

These sentiments are difficult to accept. The conduct of the Court in so many other cases reveals a different attitude toward the States in general and ballot initiatives in particular. Just last week, in the antithesis of deference to state lawmaking through direct democracy, the Court cast aside state laws across the country—many of which were enacted through ballot initiative—that reflected the traditional definition of marriage. See Obergefell v. Hodges, ante, p. ___.

This Court’s tradition of disdain for state ballot initiatives goes back quite a while. Two decades ago, it held unconstitutional an Arkansas ballot initiative imposing