Supreme Court Deals Blow To Dems, Sides With Republicans In Wisconsin Redistricting Case
The U.S. Supreme Court dealt a blow to Democrats in a key redistricting case in Wisconsin and sided with the Republican-led Legislature in a dispute over voting maps for the state’s legislative districts.
The nation’s highest court overruled the Wisconsin Supreme Court in making the decision. The Wisconsin court had earlier selected a map drawn by Democrat Gov. Tony Evers to use for the election.
Justices Sonia Sotomayor and Elena Kagan dissented saying: “The Court’s action today is unprecedented. In an emergency posture, the Court summarily overturns a Wisconsin Supreme Court decision resolving a conflict over the State’s redistricting, a decision rendered after a 5-month process involving all interested stakeholders.
“Despite the fact that summary reversals are generally reserved for decisions in violation of settled law, the Court today faults the State Supreme Court for its failure to comply with an obligation that, under existing precedent, is hazy at best.
“This Court’s intervention today is not only extraordinary but also unnecessary.
“The Wisconsin Supreme Court rightly preserved the possibility that an appropriate plaintiff could bring an equal protection or VRA challenge in the proper forum.
“I would allow that process to unfold, rather than further complicating these proceedings with legal confusion through a summary reversal.”
From The AP:
The Supreme Court on Wednesday threw out Wisconsin state legislative maps that were preferred by the state’s Democratic governor and selected by Wisconsin’s top court.
Republicans had complained Gov. Tony Evers’ maps moved too many people to create more districts with a majority of Black and Hispanic voters in violation of the federal Voting Rights Act.
But while the justices in an unsigned opinion threw out voting maps drawn for the State Assembly and Senate, they left in place state congressional maps.
“The good news with today’s decision is that the congressional maps we proposed will remain in place—that’s great news for the people of our state and our democracy, and it’s been a long time coming,” Evers said in a statement.
The left was not happy and trashed the decision on social media.
This is an absolutely shocking decision. The maps were adopted by a Republican justice on the Wisconsin Supreme Court. This appeal was considered a Hail Mary, and it prevailed. I am stunned by this ruling. https://t.co/i5r4D0eqcj
— Mark Joseph Stern (@mjs_DC) March 23, 2022
If anything, Sotomayor's dissent undersells just how "unprecedented" this decision is. It appears to dramatically alter the law of redistricting to make it much harder for states to draw majority-Black districts—all through a cryptic shadow docket ruling. https://t.co/po1Tepd1uW pic.twitter.com/7CCcRmXw7B
— Mark Joseph Stern (@mjs_DC) March 23, 2022
There is literally no discussion of the Purcell principle in the unsigned majority opinion—even though the majority has repeatedly used Purcell to prevent federal courts from altering election laws shortly before an election. Which is what the majority just did.
— Mark Joseph Stern (@mjs_DC) March 23, 2022