Johnson v. WEC
Case Name: Johnson v. Wisconsin Elections Commission
Type of Case: Rule of Law, Redistricting
Court: Wisconsin Supreme Court
Filed On: August 23, 2021
Current Status: Original action filed August 23, 2021 and granted on September 22, 2021.
WISCONSIN SUPREME COURT ADOPTS CRITERIA FOR REDISTRICTING IN WILL LAWSUIT
November 30, 2021 | The Wisconsin Supreme Court issued an opinion in Johnson v. WEC, a Wisconsin Institute for Law & Liberty (WILL) redistricting case, that adopts criteria for the redistricting process.
WISCONSIN SUPREME COURT TAKES WILL REDISTRICTING CASE
September 22, 2021 | The Wisconsin Supreme Court agreed to take an original action filed by the Wisconsin Institute for Law & Liberty (WILL) that would allow the court to take jurisdiction of the redistricting process in the event the legislature and governor cannot agree on new state legislative and congressional maps.
WILL ASKS WISCONSIN SUPREME COURT TO TAKE JURISDICTION OF REDISTRICTING
August 23, 2021 | WILL filed an original action with the Wisconsin Supreme Court urging the Court to declare the current legislative districts unconstitutional and establish a judicial plan of apportionment.
The Original Action: WILL filed an original action with the Wisconsin Supreme Court urging the Court to declare the current legislative districts unconstitutional and establish a judicial plan of apportionment. WILL represents four Wisconsin voters who live in legislative districts that, as a result of the 2020 Census, now have their vote unconstitutionally diluted, counting less than if they lived in a different district.
Background: The Wisconsin Constitution guarantees that every voter is entitled to equal representation summarized in the principle of ‘one man, one vote.’ But the results of the 2020 Census reveal that population increases and decreases in Wisconsin have rendered Wisconsin’s legislative maps unconstitutional. Voters who currently reside in districts that have seen population increases now have their votes diluted, potentially violating their constitutional rights.
The state legislature and the governor are tasked with approving new legislative maps. But in all likelihood, divided government will result in an impasse that will require a judicial plan for apportionment.
While federal litigation has already commenced, both the United States Supreme Court and the Wisconsin Supreme Court have made clear that reapportionment is primarily a responsibility of the state legislature and courts. While the Wisconsin Supreme Court declined to adopt a rule for such cases earlier this year, it made clear that the absence of a rule did not preclude the exercise of jurisdiction.
President and General Counsel
- Petition to the Supreme Court of Wisconsin to Take Jurisdiction of an Original Action, August 23, 2021
- Memorandum in Support of Petition for Original Action, August 23, 2021
- Wisconsin Supreme Court Decision, November 30, 2021
- Two more redistricting lawsuits have been filed in Wisconsin as conservatives and liberals mount a legal battle over election maps, Milwaukee Journal Sentinel, August 23, 2021
- Conservatives file redistricting lawsuit in Wisconsin, AP, August 23, 2021