BOISE – The Idaho Supreme Court issued an unexpected order Friday afternoon on redistricting, tossing out both the GOP redistricting commissioners’ lawsuit and Secretary of State Ben Ysursa’s legal challenge after Idaho redistricting commissioners failed to reach agreement on new legislative and congressional districts by this week’s deadline.

The court declared that it has no authority to order the redistricting commission back to work – because the commission hadn’t adopted any redistricting plan the court could rule on, giving it jurisdiction. Instead, there’s only the 2002 plan from the last round a decade ago.

Ysursa, in his legal challenge, asked the court to declare that plan unconstitutional, because it doesn’t meet the U.S. Constitution’s one-person, one-vote requirement due to the population shifts of the last decade.

Ysursa also asked the justices to send the commission back to work for up to 60 days, while the GOP commissioners asked the court to adopt one of their favored plans or send commissioners back to work for up to three days.

The court, in its order, said the secretary of state can organize a new commission instead.

Justices, however, opened the door for future involvement. They said they would consider the constitutionality of the 2002 apportionment plan if any party files a lawsuit challenging or defending it, and set oral arguments for Oct. 12. Ysursa was out of town; his office said it will have no comment on the order until Monday.