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Little Chance for New Maps
It is getting less likely that Wisconsin will see a new political map this year, but the fight to redistrict the state is not over.
A second three-judge panel on Tuesday opted-out of the lawsuit that calls Wisconsin’s current congressional map an unconstitutional-gerrymander.
"Until the [state] Supreme Court says otherwise," the judge wrote that the lawsuit's claims are "non-justiciable and non-cognizable under Wisconsin law.”
Law Forward, the group driving the lawsuit and remap effort, said it will appeal.
“We are disappointed that after receiving the case from the Wisconsin Supreme Court, the circuit court panel has declined to allow us to present evidence and legal arguments that we believe demonstrate the anti-competitive nature of Wisconsin’s congressional map and how it violates Wisconsin voters’ constitutional rights,” Law Forward's Doug Poland said. “This is the first anti-competitive gerrymandering case ever filed in Wisconsin courts, and it deserves to be heard."
The Wisconsin Institute for Law and Liberty, which fought the lawsuit, said the court should not be in the map-drawing business. WILL's Lucas Vebber said that's a decision that should be left to lawmakers.
“The three-judge panel got it right. This is a victory for the rule of law in our state. WILL is proud to have represented our clients in this case and will continue to work to uphold our constitutional separation of powers," Vebber said.
The three-judge panel's decision likely means that there is not enough time to redraw the congressional map in time for the November election.
But the decision does not settle the question of drawing a new map in the state.
The liberal-majority Supreme Court could take-up the case and order a new map for the 2028 elections. And Wisconsin Democrats could redraw the map if they take control of the governor's office and the legislature next year.
"As Trump rigs maps across the country, we can’t fight with one arm tied behind our back," Democratic candidate for governor Mandela Barnes wrote. "As governor, I'll use every option available to me to protect our democracy."
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