Wisconsin Supreme Court chambers. (Baylor Spears | Wisconsin Examiner)

The Wisconsin Supreme Court issued two orders Wednesday, declining to hear cases challenging the constitutionality of the state’s congressional maps. 

Democrats had hoped that the liberal wing of the court retaining majority control of the body in this spring’s election would give them an opportunity to change the congressional lines. Republicans currently hold six of the state’s eight congressional seats, and Democrats hoped they could flip the 1st and 3rd CDs under friendlier maps. 

Before Republicans drew new congressional lines in 2010, Democrats controlled five of the state’s seats. The current maps were drawn by Democratic Gov. Tony Evers and approved by the state Supreme Court when it was controlled by conservatives. That Court had required that any proposed maps adhere to a “least change” standard that changed as little as possible from the 2010 maps. 

While Evers’ maps made the two competitive districts slightly closer contests, they’re still controlled by Republican U.S. Reps. Bryan Steil and Derrick Van Orden. 

The two lawsuits were brought by the Elias Law Group representing Democratic candidates and voters and the Campaign Legal Center on behalf of a group of voters. The cases argued the maps violated the state’s constitutional requirement that all voters be treated equally. 

The challenges against the maps drew national attention as Democrats hope to retake control of the U.S. House of Representatives in next year’s midterm elections. 

This is the second time in as many years that the Supreme Court, under a liberal majority, has declined to hear challenges to the congressional maps. 

In both cases, the Court issued unanimous decisions without any explanation as to why they weren’t accepting the cases. 

Aside from declining to hear the cases, Justice Janet Protasiewicz issued an order denying requests that she recuse herself from the case. Republicans have called for her recusal from redistricting cases because of comments she made during her 2023 campaign about Wisconsin’s need for fairer maps. Previously, after Protasiewicz joined the Court, as part of a new liberal majority, it declared the state’s legislative maps, which locked in disproportionate Republican majorities in the Legislature, unconstitutional. 

“I am confident that I can, in fact and appearance, act in an impartial manner in this case,” she wrote. “And the Due Process Clause does not require my recusal because neither my campaign statements nor contributions to my campaign create a ‘serious risk of actual bias.’”

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.