The debate over Wisconsin’s congressional districts has intensified as attorneys from prominent liberal law firms push for a swift judicial review. They seek a three-judge panel to examine claims of gerrymandering before the 2026 elections. Meanwhile, Republicans argue for dismissal, suggesting conflicts of interest for the court’s liberal justices.
Lawsuits challenging the fairness of Wisconsin’s congressional map are part of a broader national redistricting battle. This fight aims to alter the political landscape in Congress, with Wisconsin, a state known for narrow electoral margins, currently showing a Republican advantage of 6-2 in its House delegation.
The cases initiated by Elias Law Group and Law Forward leverage a 2011 Republican-crafted law that demands a three-judge panel for redistricting cases. This law remains untested in court. Despite weeks of inaction, the Wisconsin Supreme Court called for legal briefs in late September to determine the necessity of these judicial panels. Both law firms contend the statute mandates the appointment of circuit judges to handle the lawsuits.
Doug Poland from Law Forward described the law as a “venue statute” with explicit instructions for the court, emphasizing that the task is administrative rather than judicial. He stated, “Our point here is that this is a purely ministerial or administrative task for the court. This isn’t a statute that gives the court any kind of jurisdiction or supervisory authority over the case. It’s just, the court is just supposed to do something that’s purely administrative or ministerial in nature.”
On the opposing side, attorneys representing the Republican-led Legislature, GOP House members, and the Wisconsin Institute for Law and Liberty (WILL) argue the 2011 law was intended for challenges to maps created by the Legislature. According to Luke Berg of WILL, the current districts were established by a former conservative majority of the Supreme Court, making the law irrelevant. Berg also argues for dismissal due to procedural delays by the liberal firms and a previous rejection of a similar challenge by the court’s liberal majority.
GOP Calls for Recusal of Justices Protasiewicz and Crawford
In their efforts to dismiss the lawsuits, attorneys for Wisconsin’s six Republican House members have called for Justices Janet Protasiewicz and Susan Crawford to recuse themselves from ruling on the cases. They allege conflicts of interest, highlighting Crawford’s involvement with a Democratic donor event and Protasiewicz’s past comments on GOP maps during her 2022 campaign.
Citing a brief, Republicans argue Crawford’s recusal is necessary due to her connection with Focus for Democracy, significant Democratic contributions, and support from the National Democratic Redistricting Committee. The brief also calls for Protasiewicz’s recusal, noting her absence in a 2024 court decision on a similar case but involvement in a 2023 state legislative redistricting lawsuit.
Liberal Legal Challenges Amid National Redistricting Efforts
The lawsuits by Elias Law Group and Law Forward focus on alleged gerrymandering of Wisconsin’s congressional districts, each employing distinct legal strategies. Elias asserts a traditional partisan gerrymandering claim, while Law Forward argues the map prevents competitive elections by designating districts as strictly partisan.
These legal efforts align with broader national movements to reshape congressional maps. For instance, Texas and California have redrawn their maps to potentially gain additional seats for their respective parties. Other states, including Missouri, Indiana, Kansas, and Utah, are also considering changes to their congressional boundaries.
