Normal view

There are new articles available, click to refresh the page.
Before yesterdayMain stream

Democrats ask Wisconsin Supreme Court to toss state’s congressional boundaries

Supreme Court
Reading Time: 2 minutes

Democratic voters on Thursday asked the liberal-controlled Wisconsin Supreme Court to throw out the battleground state’s current congressional district boundaries after a similar request was rejected last year.

Republicans currently hold six of the state’s eight U.S. House seats — but only two of those districts are considered competitive. The petition seeks to have the state’s congressional district lines redrawn ahead of the 2026 midterms. Filed on Wednesday and made public Thursday, the petition comes from the Elias Law Group, which represents Democratic groups and candidates and also filed last year’s request.

The new petition argues that the court’s decision to redraw maps for state legislative districts a couple years ago has opened the door to revisiting maps for U.S. House districts. The petition asks for the Wisconsin Supreme Court to take the case directly, skipping lower courts.

The chairman of the Wisconsin Republican Party, Brian Schimming, called the lawsuit “a desperate attempt by far-left Democrats who have shown time and time again that they can’t win without rigged maps.”

But Wisconsin Democratic Rep. Mark Pocan, who criticized the state Supreme Court for not hearing the lawsuit last year, praised the new effort.

“The residents of Wisconsin deserve fair maps,” Pocan said in a text message. “Hopefully this will provide that.”

The court is controlled 4-3 by liberal justices. Democratic-backed candidate Susan Crawford won an April election to ensure the court will remain under a 4-3 liberal majority until at least 2028.

Redistricting was an issue in that race after Crawford spoke at a virtual event billed as a “chance to put two more House seats in play,” a move that Republicans said shows that Crawford is committed to redrawing congressional districts to benefit Democrats. Crawford denied those allegations.

The court in 2023 ordered new maps for the state Legislature, saying the Republican-drawn ones were unconstitutional. The GOP-controlled Legislature, out of fear that the court would order maps even more unfavorable to Republicans, passed ones drawn by Democratic Gov. Tony Evers. Democrats made gains in the state Legislature in the November election and are hoping to take majority control in 2026.

When ordering the state legislative maps redrawn, the Wisconsin Supreme Court said the earlier conservative-controlled court was wrong in 2021 to say that maps drawn that year should have as little change as possible from the maps that were in place at the time. The latest lawsuit argues that decision warranted replacing the congressional district maps that were drawn under the “least change” requirement.

In 2010, the year before Republicans redrew the congressional maps, Democrats held five seats compared with three for Republicans.

Democrats are eyeing two congressional seats for possible flipping in 2026.

Western Wisconsin’s 3rd District is represented by Republican U.S. Rep. Derrick Van Orden, who won an open seat in 2022 after longtime Democratic Rep. Ron Kind retired, and won reelection in 2024.

Southeastern Wisconsin’s 1st District, held by Republican Rep. Bryan Steil since 2019, was made more competitive under the latest maps but still favors Republicans.

The current congressional maps in Wisconsin, drawn by Evers, were approved by the state Supreme Court. The U.S. Supreme Court in March 2022 declined to block them from taking effect.

Wisconsin Watch is a nonprofit and nonpartisan newsroom. Subscribe to our newsletters to get our investigative stories and Friday news roundup. This story is published in partnership with The Associated Press.

Democrats ask Wisconsin Supreme Court to toss state’s congressional boundaries is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

Why were state legislative districts redrawn for 2024, but congressional districts remain unchanged?

Exterior view of Capitol dome at dusk
Reading Time: 3 minutes

Wisconsin politics were shaken up this year with the signing of new legislative maps that ended over a decade of extreme and effective Republican gerrymandering.

It was the first time in Wisconsin history a Legislature and a governor of different parties agreed on legislative redistricting, the Legislative Reference Bureau told Wisconsin Watch.

In a good Republican year across the country, Wisconsin Democrats flipped 14 seats in the Legislature — largely because of those new maps. It wasn’t enough to win a majority in the Assembly or the Senate, but the resulting 54-45 and 18-15 splits better reflect Wisconsin’s swing-state status.

Wisconsin’s congressional maps were not redrawn. Republicans kept six of the state’s eight congressional seats in the U.S. House of Representatives.

The state’s current congressional maps were drawn by Democratic Gov. Tony Evers and approved by the then-conservative Wisconsin Supreme Court in 2022. The last time a governor of one party and a Legislature of another agreed on congressional maps was in 1991.

Evers’ maps were slightly more favorable to Democrats than the previous decade’s maps, but they didn’t change that much because the court established a “least change” rule when deciding which maps it would approve. That meant they would largely conform to the Republican maps that had been in place since 2011.

In March, the now-liberal high court denied a request to reconsider the state’s congressional maps before this year’s elections without stating a reason. Evers had asked for changes to the congressional maps soon after he signed the new legislative maps into law in February. Those maps were approved by the GOP-controlled Legislature.

Elias Law Group filed a motion in January asking the court to revise the congressional boundaries ahead of the 2024 election. The Democratic law firm argued that new maps were justified after the court abandoned the “least change” approach when deciding on the legislative map challenge last year. In that case, the state Supreme Court said it would no longer favor maps that present minimal changes to existing boundaries.

Democrats argued that Evers’ congressional boundaries drawn in 2022 were decided under the “least change” restrictions later thrown out by the court in the legislative redistricting case.

Republicans pushed back, arguing that newly elected liberal Justice Janet Protasiewicz prejudged the case during her 2023 campaign. They requested she recuse herself from the case. But Protasiewicz said she decided not to vote on the motion to reconsider the congressional maps because she wasn’t on the court when the underlying case was decided.

Republican Party of Wisconsin chair Brian Schimming in a statement called the court’s decision “the demise of Governor Evers’ latest attempt to throw out his own hand-drawn congressional maps.”

Republicans have retained control of six of Wisconsin’s eight House seats, with Democratic Reps. Mark Pocan and Gwen Moore safely controlling the two districts that cover Madison and Milwaukee. In comparison, Democrats held five of the eight seats in 2010 — the year before Republicans redrew the maps.

The 1st and 3rd districts are currently the only competitive congressional districts in Wisconsin, represented by Republican Reps. Bryan Steil and Derrick Van Orden respectively. Steil won his race this month with 54% of the vote, and Van Orden won with 51.4% of the vote.

Conservative Chief Justice Annette Ziegler and Justice Rebecca Bradley in their concurrence wrote the new majority’s “reckless abandonment of settled legal precedent” in the legislative redistricting case “incentivizes litigants to bring politically divisive cases to this court regardless of their legal merit.”

Representatives of Elias Law Group did not respond to Wisconsin Watch when asked if they anticipate another legal challenge to the congressional maps ahead of the 2026 midterm elections.

“I remain very interested between now and 2030 in trying to find a way to get the court to … tell us whether partisan gerrymandering violates the Wisconsin Constitution. I believe it does,” Jeff Mandell, founder of the liberal legal group Law Forward, told Wisconsin Watch. “I believe the court will say it does when we present the right case.”

But Mandell said nothing has been drafted, and his group won’t bring a case to the Supreme Court unless it has “got the goods.”

Wisconsin Watch readers have submitted questions to our statehouse team, and we’ll answer them in our series, Ask Wisconsin Watch. Have a question about state government? Ask it here.

Why were state legislative districts redrawn for 2024, but congressional districts remain unchanged? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

❌
❌