Bothfield v. WEC & WBLD v WEC

Redistricting battles have become a recurring issue in Wisconsin since the 2020 census. In 2022, the Wisconsin Supreme Court adopted new congressional maps drawn by Governor Tony Evers to correct population changes that occurred over the previous decade. This should have been the end to the legal and political posturing until the 2030 census. But various groups have repeatedly tried to challenge the congressional maps using a variety of legal theories. The Wisconsin Supreme Court had already denied two earlier attempts to challenge the Congressional maps, including just last summer. These most recent cases, filed in Dane County, are the third attempt.

WILL Fought Politically Driven Map Challenges Every Step of the Way: After these cases were filed, the Wisconsin Supreme Court asked for briefing on whether these were the type of cases that the statute required a three-judge panels to be appointed for. In October, WILL filed briefs detailing three major problems with the lawsuits. First, they both inappropriately asked a lower court in Madison to overrule the Wisconsin Supreme Court. Second, the challenges were filed far too late, referencing maps from 2011 that have long been replaced. Finally, the claims lacked merit. One case brought claims under a partisan gerrymandering theory has been repeatedly rejected by state and federal courts – including the Wisconsin Supreme Court, and the other case brought an “anti-competitive gerrymandering” claim which has not been legally recognized anywhere, and would have many other unintended consequences.