The Wisconsin Supreme Court agreed to hear a lawsuit supported by the Republican-led state Legislature that seeks intervention in redistricting.
In a 4-3 vote Wednesday, the high court decided to take up the Wisconsin Institute for Law & Liberty’s case against dissents from its three liberal justices, one of whom said the decision “prematurely injects” the court into the political process of redistricting.
“This court has long deemed redistricting challenges a proper subject for the court’s exercise of original jurisdiction,” the majority wrote in its order.
WILL filed its lawsuit on behalf of four Wisconsin voters in August, asking the Wisconsin Supreme Court to rule that the state’s constitution requires a new reapportionment plan to be drawn and to enjoin the Wisconsin Elections Commission from administering any election under the state’s current legislative and congressional maps.
CONSERVATIVE GROUP FILES REDISTRICTING LAWSUIT IN WISCONSIN
“Based on population increases and decreases in different geographic areas, the existing apportionment plans for Wisconsin’s Congressional, State Senate and State Assembly seats no longer meet the Wisconsin constitutional requirements summarized in the principle of one person, one vote,” the lawsuit said.
“Further, the time for redistricting litigation is so short (especially this cycle with the delay in the completion of the census) that completing both a circuit court action and a Supreme Court review within the available period of time would be extremely difficult,” the suit continued, citing the state’s divided government.
The arguments are virtually identical to a set of arguments made on behalf of Democratic Wisconsin voters in a suit filed on Aug. 14. They asked the federal District Court for the Western District of Wisconsin to prepare to intervene if Democratic Gov. Tony Evers and the Republican-led state Legislature failed to agree on a new map. The Legislature opposed that lawsuit, which is progressing through federal court.
Justice Rebecca Dallet, joined in a dissent by Justices Ann Walsh Bradley and Jill Karofsky, wrote Wednesday that now is “not the time” for intervention from the Supreme Court.
“The majority’s order prematurely injects the court into the political process, risks undermining the court’s independence, and circumvents the statutory process for addressing redistricting challenges,” Dallet wrote.
Chief Justice Annette Ziegler — alongside Justices Brian Hagedorn, Rebecca Bradley, and Patience Roggensack — voted to take the case.
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The justices declined to declare the current congressional and legislative map to be in violation of the state constitution, according to the Associated Press. The court also declined to put the case on hold pending redistricting action by the Legislature and governor, as the lawsuit requested, and asked the Legislature to inform it by Oct. 6 about when a new redistricting plan must be ready.
The Washington Examiner reached out to the Legislature for comment on the court’s decision.
