As the nation grapples with redistricting challenges that could tip the scales in Congress, Wisconsin faces a unique approach to reshaping its congressional map. Two ongoing lawsuits in the state are being handled through an unusual judicial process, reflecting a law established more than ten years ago when Republicans held sway over Wisconsin’s government.
This article delves into the origins of this process and its potential implications.
Origin of Judicial Panels in Wisconsin Redistricting Cases
The Wisconsin Supreme Court’s decision to appoint two panels, each consisting of three circuit court judges, for the redistricting lawsuits stems from a law created in 2011. At that time, Republicans controlled both the legislative and executive branches, and the Supreme Court had a conservative majority.
This law was designed to diversify the geographic representation of judges handling such cases, moving beyond the traditionally liberal Dane County judiciary. Despite this, the two current lawsuits are being tried in Madison, incorporating judges from Milwaukee, Marathon, Portage, and Outagamie counties. Notably, half of these judges were appointed by Democratic Governor Tony Evers.
Constitutional Concerns About Judicial Panels
An attorney from the nonpartisan Legislative Reference Bureau previously warned that the law mandating the formation of judicial panels might breach the separation of powers outlined in the Wisconsin Constitution. Although the law was later modified to allow the Supreme Court discretion over accepting appeals, concerns remain about its constitutional validity.
Controversy Over Panel Use in Current Lawsuits
Thus far, the judicial panels have not been deployed for redistricting cases in Wisconsin, and Republican attorneys argue against their use now. They claim that the congressional map, endorsed by the Wisconsin Supreme Court in 2022, should not be subject to alteration by lower courts.
Lucas Vebber, representing a faction seeking to preserve the current map, describes the Supreme Court’s panel appointment as a “procedural order,” anticipating further clarity on the panels’ legality from higher courts. “I think these are questions that will be answered eventually by the state Supreme Court,” Vebber stated, noting the potential for U.S. Supreme Court involvement.
Conversely, Doug Poland, representing the plaintiffs challenging the map, dismisses Republican objections as unfounded. According to Poland, the lawsuit contends the map is unduly gerrymandered, a claim not previously adjudicated in Wisconsin courts.
Redistricting Lawsuits Amid Congressional Control Battle
The outcome of these lawsuits carries significant weight as Wisconsin’s district configuration could influence control of the U.S. House. Republicans currently dominate six of the state’s eight congressional seats, with only two districts being competitive.
As Wisconsin contends with these legal proceedings, other states are also embroiled in redistricting battles, striving to optimize their party’s congressional prospects. The increasing reliance on gerrymandering has alarmed reform advocates, leading Debra Cronmiller of the Wisconsin League of Women Voters to label it a “constitutional crisis.”
