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I don't think so. Even if you read legislature to exclude the initiative process, it doesn't mean that legislature excludes application of state constitution by state Supreme Court. That position did NOT get Kennedy's approval in Bush v. Gore Article II concurrence.https://twitter.com/michaelmorley11/status/958192758564573185 …
The result of siding with Pa Republicans in this case would mean that state courts could NEVER review a state legislature's congressional redistricting plan to make sure it complies with state law and the state Constitution.
Aside from the absurdity of this position it would put an even greater burden on the Supreme Court, which would get mandatory direct appeals of these cases from three-judge federal courts. THAT cannot be appealing to Chief Justice Roberts.
That's right. The Court denied cert when the issue came up in the 11th Circuit challenge to the amendments to the Florida Constitution imposing new redistricting restrictions on the legislature.
The answer actually might differ depending on whether the legislature is allegedly violating a statute (which the leg itself could change, raising fewer Elections Clause concerns) or the state const'n, which would be limting a delegation of power from U.S. Const'n directly to leg
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