Wisconsin’s current state legislative districts have been deemed unconstitutional due to their separate and detached territories, violating the contiguity requirements of the constitution. The Wisconsin Elections Commission has been ordered to refrain from using these maps in future elections, according to Justice Jill Karofsky’s majority opinion. The ruling is seen as a victory for representative democracy in the state, with Dan Lenz, an attorney for Law Forward, expressing satisfaction. Lenz believes that gerrymandered maps have distorted the political landscape in Wisconsin, stifling the voice of voters and eroding confidence in the political system. Attorneys for the Legislature and Republican leaders have not responded to messages seeking comment.
If the Republican-controlled Legislature fails to pass maps that Democratic Governor Tony Evers will sign, the court will proceed with adopting remedial maps for the 2024 election. Governor Evers had previously vetoed the current maps. All parties involved in the lawsuit will be allowed to submit maps to the court, along with expert evidence and supporting arguments. The court will appoint consultants to evaluate the maps and issue reports on their findings.
The lawsuit was filed after the Wisconsin Supreme Court shifted to liberal control in August, following Justice Janet Protasiewicz’s election victory. Protasiewicz, who had been criticized and threatened with impeachment by Republicans during her campaign, joined the other liberal justices in striking down the current maps. Republican Assembly Speaker Robin Vos, who had been vocal about impeachment, backed off on Wednesday and stated that impeachment was highly unlikely even if she ruled in favor of throwing out the maps. The majority opinion was supported by Justices Karofsky, Protasiewicz, Ann Walsh Bradley, and Rebecca Dallet, while Justices Annette Ziegler, Rebecca Bradley, and Brian Hagedorn dissented.
Critics of the ruling, like Justice Ziegler, accused the majority of engaging in judicial activism and disregarding established practices and the role of other branches of government. Ziegler described the decision as a “wrecking ball to the law.”
Wisconsin’s redistricting ruling comes shortly after a federal judicial panel also struck down some of Michigan’s state House and Senate districts, ordering them to be redrawn due to illegal racial considerations. The court heard oral arguments in the Wisconsin case in November and emphasized the need for new maps to be in place by March 15 for the 2024 election. Democrats argued for all lawmakers to stand for election under the new maps, while the Legislature insisted that no new maps should be enacted until the 2026 election.
The Republican-controlled Legislature’s redrawing of electoral maps in 2011 solidified the party’s majorities in Wisconsin, with 64-35 in the Assembly and a 22-11 supermajority in the Senate. Since gaining the majority, Republicans have implemented various conservative policies, including limiting collective bargaining for public workers and obstructing Governor Evers’ agenda. They have fired Evers’ appointees and threatened impeachment of certain justices and the state’s elections leader. Republicans are currently only two seats away from a supermajority that would enable them to overturn Evers’ vetoes.
Litigation over redistricting is ongoing in several states, addressing U.S. House and state legislative districts enacted after the 2020 census.,
The Wisconsin Supreme Court has issued a ruling requiring the creation of new state legislative maps. The decision came after the court determined that the current maps were drawn in a way that favored one political party, thereby violating the state constitution. This order aims to ensure fair representation for all citizens and eliminate partisan gerrymandering. The newly-drawn maps will be in effect for the upcoming elections, providing a more balanced and equitable political landscape in Wisconsin.
