A second three-judge panel in Wisconsin has thrown out a lawsuit contesting the state's congressional map, ruling that it cannot adjudicate the matter under existing state Supreme Court precedent.
Judges David Conway (Dane County), Michael Moran (Marathon County), and Patricia Baker (Portage County) issued a 13-page opinion Tuesday, stating that unless the Wisconsin Supreme Court directs otherwise, its 2022 holding that “the partisan composition of electoral districts raises a non-justiciable political question” remains binding.
“As an inferior court, we are obligated to obey that ruling,” the panel wrote. “The Wisconsin Supreme Court has held that claims of the sort Plaintiffs allege are not actionable under Wisconsin law, and this panel, as an inferior tribunal exercising the powers of a circuit court, has no authority to modify or overrule that precedent.”
The judges concluded: “This panel is left with no option but to dismiss Plaintiffs’ claims.”
The lawsuit, filed in July by a coalition led by Wisconsin Business Leaders for Democracy, alleged that the state’s congressional map constitutes an “intentionally uncompetitive gerrymander” and sought a declaration that it violates the state constitution. The case mirrors a similar challenge dismissed last month by a separate three-judge panel, which also cited a lack of jurisdiction.
Both rulings are subject to appeal. The National Republican Congressional Committee and the Democratic Congressional Campaign Committee have been contacted for comment but have not yet responded.
Background on Wisconsin’s Congressional Map
Wisconsin currently sends six Republicans and two Democrats to the U.S. House, a delegation shaped by maps drawn by the state Supreme Court in 2022. At the time, the court was controlled by conservative justices; it now has a liberal majority. The court’s map was imposed after Democratic Governor Tony Evers vetoed redistricting plans passed by the Republican-controlled legislature in response to the 2020 census.
The Princeton Gerrymandering Project gives Wisconsin’s congressional map an “F” rating, describing it as providing Republicans with a “significant” advantage. By contrast, the state’s legislative maps for the Assembly and Senate received an “A” grade.
The Cook Political Report rates the reelection bid of GOP Representative Derrick Van Orden as a “Toss Up,” while the state’s other seven seats are rated as either likely or solidly held by the incumbent party. This dynamic underscores the ongoing debate over redistricting in Wisconsin, which has seen repeated legal battles and political maneuvering.
The dismissal of this challenge does not resolve the broader dispute over partisan gerrymandering, as plaintiffs could appeal to the Wisconsin Supreme Court or pursue other legal avenues. National trends in redistricting litigation remain fluid, with similar cases pending in other states.
