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Federal Court: Wisconsin's GOP-Drawn Legislative Districts Unconstitutional
Judges Rule Map Constitutes A 'Partisan Gerrymander' In 2-1 Decision
Monday, November 21, 2016, 2:30pm
By Shawn Johnson
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A federal court has ruled Wisconsin's Republican-drawn legislative map unconstitutional, saying the plan constitutes a partisan gerrymander.
In a 2-1 decision from a special panel of federal judges, the court agreed with a group of Democratic plaintiffs that the redistricting plan had systematically diluted the voting strength of Democratic voters.
"We find that Act 43 was intended to burden the representational rights of Democratic voters throughout the decennial period by impeding their ability to translate their votes into legislative seats," wrote federal Judge Kenneth Ripple, referring to the name of the statute enacting the map. "Moreover, as demonstrated by the results of the 2012 and 2014 elections, among other evidence, we conclude that Act 43 has had its intended effect."
A map of Wisconsin's current state Assembly districts.Gilman Halsted/WPR
Ripple, who was nominated by Republican President Ronald Reagan, was joined in his ruling by Judge Barbara Crabb, who was nominated by Democratic President Jimmy Carter. Judge William Griesbach, who was nominated to the bench by President George W. Bush, a Republican, dissented.
While the court ruled the state's legislative map unconstitutional, it did not decide how it would replace the map. Instead, it ordered lawyers for both sides to file briefs on possible remedies within 30 days of Monday's ruling with responses to the briefs due 15 days after that.
The Wisconsin Department of Justice, led by Republican Attorney General Brad Schimel, vowed to fight the decision.
"The Department of Justice is evaluating the court's 159-page decision, and we plan to appeal," said Schimel. "This 2-1 decision does not affect the results of this month's election or any prior election and legislative district boundaries remain unchanged until the court rules on any remedy."
Monday's ruling was undoubtedly noteworthy for Wisconsin elections, but it could also prove to be a landmark decision that alters the redistricting landscape nationwide.
Campaign Legal Center Attorney Ruth Greenwood, one of the lawyers who represented the Democratic plaintiffs in this case, said it was historic for a court to overturn a legislative map in a partisan gerrymandering case.
Federal Court: Wisconsin's GOP-Drawn Legislative Districts Unconstitutional
Judges Rule Map Constitutes A 'Partisan Gerrymander' In 2-1 Decision
Monday, November 21, 2016, 2:30pm
By Shawn Johnson
Share:
Forward logo Print HTML logo Facebook logo Twitter logo Google+ logo
.
ListenDownload
A federal court has ruled Wisconsin's Republican-drawn legislative map unconstitutional, saying the plan constitutes a partisan gerrymander.
In a 2-1 decision from a special panel of federal judges, the court agreed with a group of Democratic plaintiffs that the redistricting plan had systematically diluted the voting strength of Democratic voters.
"We find that Act 43 was intended to burden the representational rights of Democratic voters throughout the decennial period by impeding their ability to translate their votes into legislative seats," wrote federal Judge Kenneth Ripple, referring to the name of the statute enacting the map. "Moreover, as demonstrated by the results of the 2012 and 2014 elections, among other evidence, we conclude that Act 43 has had its intended effect."
A map of Wisconsin's current state Assembly districts.Gilman Halsted/WPR
Ripple, who was nominated by Republican President Ronald Reagan, was joined in his ruling by Judge Barbara Crabb, who was nominated by Democratic President Jimmy Carter. Judge William Griesbach, who was nominated to the bench by President George W. Bush, a Republican, dissented.
While the court ruled the state's legislative map unconstitutional, it did not decide how it would replace the map. Instead, it ordered lawyers for both sides to file briefs on possible remedies within 30 days of Monday's ruling with responses to the briefs due 15 days after that.
The Wisconsin Department of Justice, led by Republican Attorney General Brad Schimel, vowed to fight the decision.
"The Department of Justice is evaluating the court's 159-page decision, and we plan to appeal," said Schimel. "This 2-1 decision does not affect the results of this month's election or any prior election and legislative district boundaries remain unchanged until the court rules on any remedy."
Monday's ruling was undoubtedly noteworthy for Wisconsin elections, but it could also prove to be a landmark decision that alters the redistricting landscape nationwide.
Campaign Legal Center Attorney Ruth Greenwood, one of the lawyers who represented the Democratic plaintiffs in this case, said it was historic for a court to overturn a legislative map in a partisan gerrymandering case.
