A lawsuit seeking to throw out Wisconsin’s congressional maps on the basis that they’re unconstitutionally anti-competitive was dismissed Tuesday by a panel of three circuit court judges. 

The lawsuit was brought last summer by bipartisan business group Wisconsin Business Leaders for Democracy Coalition, represented by the progressive nonprofit Law Forward. 

For more than a decade, Wisconsin has been a national symbol of the effects of extreme partisan gerrymandering and Tuesday’s dismissal comes amid a effort by both major parties to redraw maps ahead of this fall’s midterm elections. 

A national mid-decade redistricting tit-for-tat started last year when Texas Republicans drew new maps, at President Donald Trump’s request, in an attempt to limit the number of Democrats in the House of Representatives. A number of other Republican states, including Missouri and North Carolina, followed suit. In response, voters in California and Virginia voted to change state laws to allow Democrats to re-draw their maps to minimize Republican seats. 

This week, Florida Gov. Ron DeSantis introduced a bill that would redraw his state’s maps to give Republicans four more seats. 

While both parties have drawn political maps to favor their own candidates, only congressional Democrats have proposed a bill that would ban partisan gerrymandering. In Wisconsin, state Democrats have long pushed for the adoption of a non-partisan redistricting commission. 

Wisconsin’s current congressional maps were adopted in 2021 by the state Supreme Court after Gov. Tony Evers and Republicans in the Legislature were unable to reach a deal on their own. When forced to weigh in, the Supreme Court instituted a “least change” rule that required any maps proposed to the Court to hew as closely as possible to the maps instituted by Republicans in 2011. The map the Court chose was proposed by Evers, a Democrat, but resulted in a heavily Republican congressional delegation, since they were drawn to adhere to the “least change” standard.

The 2011 political maps and the least change decision allowed Republicans to hold six of the state’s eight congressional seats. The state Supreme Court tossed out the state’s legislative maps in 2023 — which remained heavily gerrymandered under the “least change” standard — on the grounds that the shapes of the districts, some of which were broken into noncontiguous parts, were illegal. 

Over the years, the court system has heard a number of challenges to Wisconsin’s congressional maps on the basis that they are an illegal partisan gerrymander. A separate three-judge panel dismissed another lawsuit on partisan gerrymandering grounds late last month. 

Despite that dismissal, the Law Forward lawsuit argued that its claims were new and therefore deserved to be considered by the courts. The lawsuit argued that the maps were drawn to unfairly give incumbents of both parties an advantage, pointing to the fact that only one of the state’s congressional districts, western Wisconsin’s 3rd CD, is regularly decided by a single-digit margin. 

“After the Wisconsin Legislature adopted the 2011 congressional map, congressional races over the ensuing decade were, as intended, highly uncompetitive,” the lawsuit stated. “The Court’s adoption … of the ‘least change’ congressional map necessarily perpetuated the essential features — and the primary flaws — of the 2011 congressional map, including the 2011 congressional map’s intentional and effective effort to suppress competition.”

Republicans and their allies intervened in the case, arguing that it should be dismissed because the anti-competitive argument treads the same ground as the partisan gerrymandering claims the Court has already declined to hear. 

The three-judge panel, made up of Dane County Judge David Conway, Marathon County Judge Michael Moran and Portage County Judge Patricia Baker, agreed and dismissed the case, noting that the makeup of the state’s political maps is a question best left to the political branches of government, not the judicial system.

“Plaintiffs’ anti-competitive gerrymandering claims are functionally equivalent to partisan gerrymandering claims, at least for purposes of the political question analysis,” the judges wrote. “In a two-party system, partisan fairness and competitiveness are correlated: a more competitive map is typically a fairer map, whereas less competition usually means less partisan fairness. The objective of both theories is to change ‘the partisan makeup of districts,’ whether by achieving proportional representation, electoral competitiveness, or both.” 

Doug Poland, Law Forward’s director of litigation, said in a statement Tuesday that it’s disappointing the panel dismissed the case before it had the opportunity to hear evidence. He also said the panel’s ruling will be appealed directly to the Supreme Court. 

“This is the first anti-competitive gerrymandering case ever filed in Wisconsin courts, and it deserves to be heard,” Poland said. “We believe that the circuit court was wrong in concluding that anti-competitive gerrymandering is ‘functionally equivalent’ to partisan gerrymandering. They are different claims, based on different evidence, that target different ways of manipulating representation to the detriment of voters.”