The liberal-majority Wisconsin Supreme Court on Friday ordered state lawmakers to redraw legislative maps which have allowed Republicans to control the Legislature in the Midwestern swing state since 2011.
In a 4-3 decision, the court ruled that legislative districts in the Badger State must be composed of “contiguous territory” and said that if the GOP-controlled Legislature isn’t able to put forward new maps that Wisconsin Democratic Gov. Tony Evers will sign into law, remedial maps drawn by parties to the lawsuit and evaluated by court-appointed consultants will be adopted.
The court found that “at least 50 of 99 assembly districts and at least 20 of 33 Senate districts” contain separate, detached territory and are in violation of Wisconsin’s constitutional requirements for legislative districts.
“We therefore enjoin the Wisconsin Elections Commission from using the current maps in all future elections, as such, remedial 51 maps must be adopted prior to the 2024 elections,” the court wrote.
Evers hailed the court’s ruling and accused the GOP-controlled state legislature of being “incapable” of drawing new nonpartisan maps.
“It’s clear to me that a Republican-controlled Legislature that has consistently gerrymandered itself into comfortable, partisan majorities for more than a decade is incapable of preparing fair, nonpartisan maps deserving of the people of this state,” Evers said in a statement.
“Wisconsin is a purple state, and I look forward to submitting maps to the Court to consider and review that reflect and represent the makeup of our state. And I remain optimistic as ever that, at long last, the gerrymandered maps Wisconsinites have endured for years might soon be history,” he added.
Republican Assembly Speaker Robin Vos suggested that the case would be appealed to the US Supreme Court, calling Friday’s ruling a “sad day” for Wisconsin.
“I said this was going to happen earlier this week. The case was pre-decided before it was even brought,” Vos tweeted. “Sad day for Wisconsin when the state supreme court just said last year that the existing lines are constitutional.”
“Fortunately, the US Supreme Court will have the last word,” he added.
The lawsuit was brought to court one day after liberal Justice Janet Protasiewicz was elected to the bench in April, ending 15 years of conservative control.
Protasiewicz had signaled on the campaign trail that she would be in favor of redrawing the current maps, calling them “rigged” and “unfair” – remarks that Republicans pounced on before the case was heard, arguing that she should recuse herself and threatening impeachment.
Protasiewicz sided with the majority Friday.
New maps from parties to the lawsuit are due to the court by Jan. 12, and evaluations by the consultants must be submitted by Feb. 1, which means final versions could be adopted by late February or early March if the Legislature and Evers can’t come to an agreement before then.
The state elections commission has said maps must be in place by March 15 if the new districts are to be in play for the 2024 election, according to the Associated Press.
Four of the last six presidential elections have been decided by fewer than 23,000 votes in Wisconsin.
The state narrowly went to Joe Biden in 2020 – by a 0.6 percentage point margin – and Donald Trump beat Hillary Clinton in Wisconsin by a 0.7 percentage point margin in 2016.