Wisconsin Legislature v. Wisconsin Elections Commission

In Wisconsin Legislature v. Wisconsin Elections Commission, the Wisconsin Supreme Court resolved an impasse over new state legislative and congressional maps following the 2020 census. The Republican-controlled legislature and Democratic Governor Tony Evers failed to agree on new districts, prompting the court to assume original jurisdiction. On March 23, 2022, in a 4-3 decision along ideological lines, the court adopted the maps proposed by the legislature. The majority made a minor alteration to a Milwaukee-area district to enhance Black voting power and comply with the federal Voting Rights Act. The ruling effectively preserved the GOP’s substantial majorities in both chambers of the state legislature and maintained a 6-2 Republican advantage in the state’s U.S. House delegation.

The Wisconsin Supreme Court, by a 4-3 vote, selected the legislature’s proposed maps with a narrow, court-ordered modification to one Milwaukee district to satisfy federal Voting Rights Act requirements. The governor’s maps were rejected.

Whether the state supreme court should adopt the legislative redistricting maps or the maps proposed by the governor; whether the adopted maps impermissibly diluted minority voting strength in violation of the Voting Rights Act; and the extent to which the judiciary should remedy partisan gerrymandering claims under state law.

The decision cemented Republican legislative control in Wisconsin for the ensuing decade, intensified criticism of partisan gerrymandering, and highlighted the crucial role of state supreme courts in resolving redistricting deadlocks. It also deepened the national debate over judicial elections and the politicization of state courts in battleground states.