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.’”
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