Democrats ask Wisconsin’s high court to consider new congressional map 

Progressive elections firm Elias Law Group asked the Wisconsin Supreme Court on Tuesday to consider a new congressional map in the Badger State by pointing to the high court’s ruling last month that tossed out Wisconsin’s state legislative maps.  

Democrats scored a big win last month when the Wisconsin Supreme Court, which has a 4-3 liberal majority, tossed out the current state legislative maps and asked for new lines to be drawn.  

The Tuesday filing asking for a redo on the congressional lines comes just months before the state’s primary, which is scheduled for Aug. 13, in a state that has become one of a handful of critical battleground states across the country. 

Lawyers in the filing argue that the court’s decision last month to toss the state legislature map “renders the current congressional map” “lawless in the most literal sense” by pointing to the court’s discussion of their opinion of “least change” — a reference to the court’s decision in 2021 that the fewest amendments possible would be made to the state’s current maps compared to ten years ago, according to Wisconsin Public Radio. 

The liberal-leaning Wisconsin court wrote last month that “As illustrated across the course of the Johnson litigation, ‘least change’ is unworkable in practice. As such, we overrule any portions of Johnson I, Johnson II, and Johnson III that mandate a least change approach.” 

“With the ‘least change’ approach that justified the map’s adoption overruled, the map now lacks any basis in Wisconsin redistricting law or precedent,” lawyers said in the Tuesday filing, arguing the current map “runs roughshod.” 

Lawyers also argued that the current congressional map “suffers from serious partisan unfairness” and that using “least change” “contravenes separation-of-powers principles by abdicating this Court’s duty of independent judgment.” 

The filing urged the state Supreme Court to let both parties propose a new set of congressional maps to be considered.  

“Wisconsin’s congressional map now has no basis in Wisconsin law or precedent, and the remedial process to adopt a new, lawful map must resume immediately,” Elias Law Group Partner Abha Khanna said in a statement. 

The development comes less than a year since liberal Justice Janet Protasiewicz won a special election to fill a vacant seat on the Wisconsin Supreme Court — making it the first time in 15 years that liberals had a majority on the state court.  

Protasiewicz received scrutiny ahead of the April election last year for calling the maps “rigged,” though she nor her Republican opponent explained how they would rule on a potential case during the election. 

Wisconsin has two Democrats and six Republicans serving in the House, though a potential for a new map to be ordered could impact Republican control over some of the seats. It also comes against a critical presidential year where both parties are eyeing Wisconsin as one of the states to clinch for the White House.