Wisconsin Supreme Court justice laments decision to redraw maps as ‘trampling the rule of law’
Cami Mondeaux
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Conservative judges in Wisconsin are lamenting the state Supreme Court’s decision to redraw the state’s congressional map, accusing their liberal counterparts of overturning current boundaries to favor Democrats in the 2024 elections.
The Wisconsin Supreme Court ruled 4-3 along ideological lines that the Republican-submitted maps violated the state’s constitution, ordering that the lines be redrawn ahead of the 2024 primary elections in August. Conservatives criticized the decision, accusing the state justices of being politically motivated to help secure victories for Democrats in a state that could help decide the presidential election.
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“With its first opinion as an openly progressive faction, the members of the majority shed their robes, usurp the prerogatives of the legislature, and deliver the spoils to their preferred political party,” Justice Rebecca Bradley wrote in her dissent. “These handmaidens of the Democratic Party trample the rule of law, dishonor the institution of the judiciary, and undermine democracy.”
In its decision released on Friday, the court ruled that at least 50 of the state’s 99 Assembly districts and at least 20 of its 33 Senate districts violate a requirement in the state constitution that state legislative districts be made up of “contiguous territory,” pointing to districts that include portions of land that are not physically attached to other parts of the same district.
Conservatives criticized that decision, arguing similar contiguity gaps have been present in the state’s congressional maps over the last five decades — on maps drawn by both political parties. Others argued the current maps have already been litigated, pointing to the court’s 2022 decision to uphold the current district lines as constitutional.
“The matter of legislative redistricting was thoroughly litigated and resolved after the 2020 census,” Justice Brian Hagedorn wrote in his dissent.
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The latest ruling would require a new proposed map sometime in the spring to be approved before the state’s primary elections in August. Lawmakers and Gov. Tony Evers (D-WI) will be given the opportunity to approve the maps, although the court will be required to enact its own map if the GOP-controlled legislature and the Democratic governor can’t come to an agreement.
That could give Democrats a major advantage after liberals took control of the state Supreme Court earlier this year. Republicans currently control seven of the state’s 10 congressional districts, with the GOP controlling both chambers of the state legislature. However, if the state Supreme Court manages to pass a Democratic-friendly map next year, it could have major implications on the balance of power not only in the Badger State but also in the House of Representatives.