WILL asks Wisconsin Supreme Court to rule on redistribution
Initial action, on behalf of four voters, calls for a judicial distribution plan
The news: The Wisconsin Institute for Law & Liberty (WILL) has filed an initial action with the Wisconsin Supreme Court, urging the court to declare the current legislative districts unconstitutional and establish a judicial allocation plan. WILL represents four Wisconsin voters who live in legislative districts who, as a result of the 2020 census, now have their votes unconstitutionally watered down, counting less than if they lived in a different constituency.
The quote: WILL President and General Counsel Rick Esenberg said, “Passing new legislative maps is a state responsibility. If the legislature and governor cannot come to an agreement, it is entirely appropriate – if not necessary – for the Supreme Court of Wisconsin, a branch of the state government, to adopt a judicial allocation plan to pass maps. constitutional. “
Background: The Wisconsin Constitution guarantees that every voter has the right to equal representation, summarized in the “one man, one vote” principle. But the 2020 census results reveal that increases and decreases in Wisconsin’s population have made Wisconsin’s legislative maps unconstitutional. Voters who currently reside in districts that have experienced population growth now see their votes diluted, potentially violating their constitutional rights.
The state legislature and governor are responsible for approving new legislative maps. But in all likelihood, a divided government will lead to an impasse that will require a judicial distribution plan.
Although federal litigation has already started, the United States Supreme Court and the Wisconsin Supreme Court have made it clear that redistribution is primarily a responsibility of the state legislature and courts. While the Wisconsin Supreme Court declined to adopt a rule for such cases earlier this year, it made it clear that the absence of a rule does not preclude the exercise of jurisdiction.