The Wisconsin Supreme Court has ruled that the current state legislative assembly district maps are unconstitutional and ordered the drawing of new remedial maps in preparation for the 2024 elections. Built on a four-to-three vote, this decision comes as a result of finding several state assembly districts that contained detached, non-adjoining territories, which stands against the contiguity requirement stipulated in Article IV Sections 4 and 5 of the Wisconsin Constitution.
Justice Jill J. Karofsky authored the majority judgment, arguing that U.S. Supreme Court precedents have recognized the power of state courts to right unconstitutional legislative areas through creating new maps. Even though the responsibility primarily lies with the state legislature to design the state’s legislative maps, Justice Karofsky stated that the majority order would only proceed if the legislature does not pass a new map legislation prior to the upcoming elections.
However, not all Justices agreed with this route. Chief Justice Annette Ziegler voiced her concerns in a dissenting opinion, stating that judicial departures from their traditional role could potentially risk the constitutional structure of government. Justice Rebecca Bradley and Justice Brian Hagedorn also voiced their disagreements and maintained that it is up to the other branches of the state government to redraw these maps, not the judiciary.
This isn’t the only recent instance where lawsuits involving electoral maps have occurred ahead of the 2024 elections. Recently, two prominent voting rights advocacy groups sued the Republican leadership in North Carolina over state redistricting plans. In Georgia, the Republican Legislature leadership also revealed a new version of the redistricting map after a federal judge ruled that the previous version had been discriminating against Black voters and violated Section 2 of the Voting Rights Act.
References: Jurist