Proposition 211 being challenged by Arizona House and Senate

Proposition 211 is the Voters’ Right to Know Act. Legislative leaders from Arizona’s House and Senate challenged the law, saying it violates the State Constitution’s separation of powers. The law remains in effect, but basically, there will now most likely be a trial, as the Court did not resolve whether Prop 211 is unconstitutional, and it did not strike down any parts of the law.

Robert McWhirter, Constitutional Law Expert & Attorney, joined “Arizona Horizon” to discuss more on this proposition and why it is being challenged.

The Supreme Court essentially determined that the state House and Senate are the appropriate parties to complain about the law, clearing the way for a hearing on the lawsuit’s merits. According to McWhirter, the central legal argument is rooted in the separation of powers, with legislators claiming that the voter-approved measure “improperly delegates legislative power away from lawmakers.”

The court’s decision focused on the issue of legal standing, reversing a lower court’s finding that the lawmakers lacked the right to sue because “no harms accrue to you yet,” as McWhirter explained.

Ultimately, the issue touches upon the scope of free speech, where McWhirter noted that while the First Amendment guarantees free speech, it “doesn’t give you the right of anonymity.” With the lawmakers now have standing suggests the court is prepared to seriously consider their constitutional claims, making the upcoming decision on the merits crucial for the future of campaign finance and legislative authority in Arizona.