Clarke v. WEC

Case Overview

Case Name: Clarke v. WEC
Type of Case: Constitutional Rights
Court: Wisconsin Supreme Court
Case Number:
Filed On: 21/11/2023
Current Status: The Legislature and Governor passed new maps, so the case is now moot.

Meet The Client

Wisconsin Institute for Law & Liberty (WILL) intervened in the case to address potential due process violations and inconsistencies in redistricting rulings by the Wisconsin Supreme Court. They argued against partisan gerrymandering without proper legal procedures and continue to challenge the court’s handling of redistricting cases.​
Rick Esenberg

Rick Esenberg

President and General Counsel

Luke Berg

Luke Berg

Deputy Counsel



Associate Counsel

Why We Are Intervening: Although the issues surrounding decennial redistricting were resolved by the Wisconsin Supreme Court just a year and a half ago, Petitioners are attempting to re-litigate that case.

They ask the Wisconsin Supreme Court to declare the current maps unconstitutional, draw new maps from scratch, and order all sitting state senators – including those with two years left on their terms – to undergo re-election in November 2024. WILL is intervening on behalf of voters from multiple state senate districts who would see their vote disenfranchised if the Court grants the remedy sought by the lawsuit.

WILL has been on the forefront of litigation regarding legislative boundaries in Wisconsin. In August of 2021, WILL filed an original action in Johnson v. Wisconsin Elections Commission (WEC), asking the Wisconsin Supreme Court to update the legislative districts to address population changes, given that the Legislature and Governor were unable to agree on new maps.

WILL successfully argued that the Wisconsin Supreme Court should ignore projected partisan outcomes and make the “least changes” possible to update the maps, to prevent the Court from getting embroiled in partisan considerations. And, when maps proposed by Governor Evers violated the U.S. Constitution’s Equal Protection Clause, WILL successfully petitioned the Supreme Court of the United States.

Press Release

WILL Highlights Inconsistencies with Court’s Political Consultants and Lays Out Potential Due Process Violation in New Redistricting Filing

In our filing, we point out that the Court’s so called “experts” offer arguments inconsistent with both legal precedent and their own previous writings.

Will Releases Statement on Redistricting Ruling

The Wisconsin Institute for Law & Liberty (WILL) has released a statement condemning a new ruling from the Supreme Court of Wisconsin in favor of a lawsuit seeking to change Wisconsin’s Legislative Districts. WILL sees this lawsuit as an attempt to relitigate issues resolved just a year and a half ago – utilizing a new ‘left of center’ majority on the state’s highest Court.

Democracy Alert | WILL Files Motion to Intervene in Redistricting Case

Overturning the current maps would be unprecedented, and would deny voters their rightful representation. WILL’s intervention will allow WI voters to defend their interests.
Case Documents
Share This