The News: The Wisconsin Institute for Law & Liberty (WILL) has filed a motion to intervene in a lawsuit seeking to overturn Wisconsin’s Legislative Districts. The lawsuit was brought by several Left-leaning attorneys, who are trying to relitigate issues resolved just a year and a half ago.

 

Overturning the current maps would be unprecedented, and would deny voters their rightful representation. WILL’s intervention will allow voters of Wisconsin to defend their interests in this important case.

 

The Quotes: Rick Esenberg, WILL President and General Counsel, stated, “Make no mistake, this is a political assault on ‘democracy.’ The petitioners want the Court to ‘discover’ that our Constitution suddenly prohibits longstanding practices, and seeks maps they believe will favor their preferred candidates. Courts should not insert themselves into partisan controversies.”

 

Luke Berg, WILL Deputy Counsel, stated, “This lawsuit is a transparent attempt to use the new Wisconsin Supreme Court majority to reshape Wisconsin’s political landscape. The claims raised in the lawsuit are meritless. WILL stands ready to defend Wisconsin’s voters from this attack.”

 

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.