WILL is once again defending Wisconsin’s congressional maps, filing briefs in opposition to an overtly political, nonsensical, and last-minute attempt to redraw Wisconsin’s maps on the eve of the midterm election. The lawsuits, filed by Law Forward and Marc Elias’s legal group, both claim Wisconsin’s congressional map is an illegal gerrymander.
WILL’s briefs raise three major problems for the lawsuits. First, they inappropriately ask a lower court in Madison to overrule the Wisconsin Supreme Court. Second, the lawsuits are far too late, going back 14 years to maps passed in 2011 that have since been replaced. Finally, the claims themselves are meritless. Marc Elias's theory of partisan gerrymandering has been rejected by multiple high courts and the new Law Forward's theory of "anti-competitive gerrymandering" has never been recognized anywhere and would mean the WI state legislative maps are also unconstitutional.
Redistricting battles have become an annual tradition in Wisconsin since the 2020 census. The Court has already denied two attempts to challenge the Congressional maps that were adopted in 2022. These cases are their third attempt, this time filed in Dane County.
WILL Deputy Counsel, Luke Berg, stated, “At some point the redistricting merry-go-round has to stop, to give Wisconsin’s voters, candidates, and parties some stability—and faith in the rule of law. These cases are a fig leaf to hide a naked grab at political power. We hope the Wisconsin Supreme Court does the right thing and promptly dismisses them.”
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