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02-0057 Jensen, et al. v. Wisconsin Elections Board

By: dmc-admin//February 18, 2002//

02-0057 Jensen, et al. v. Wisconsin Elections Board

By: dmc-admin//February 18, 2002//

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This is because redistricting remains an inherently political and legislative – not judicial – task.

“Accepting original jurisdiction, then, would necessarily put this case and any redistricting map it would produce on a collision course with the case now pending before the federal three-judge panel. At the very least, the outcome here would be subject to later review in federal court. At best, such a scenario would delay and disrupt the 2002 election season, which is now almost upon us. At worst, it would throw the whole process into considerable doubt. …

“Simultaneous, separate efforts by the state and federal courts addressing the subject of legislative redistricting would engender conflict and uncertainty regarding the validity of the respective plans that the parallel litigation would produce. The risk that this would leave the state with no clear, authoritative map of legislative districts going into the upcoming election season is significant….

“Accordingly, while we recognize and agree that the institutions of state government are primary in matters of redistricting, and federalism requires deference to state high courts for their resolution, the timing and circumstances here do not allow us to responsibly exercise original jurisdiction in a way that would do substantial justice in the case. This is not to say that the legislature cannot now undertake to give the people of this state their due, and timely deliver a plan of legislative redistricting. While this court must act as a court, and provide, in this as in any other case, all of the procedural protections that due process and the right to be heard require, the legislature, as a legislature, can act more rapidly and respond to the exigencies of the situation.

“The legislature has it within its power, if not its present will, to draft a redistricting plan; we urge it to summon the will and do so forthwith. Other state legislatures are currently acting on redistricting. Legislative action might not obviate federal court review, but it would have the virtue of putting in place a redistricting plan that carries political legitimacy.”

Original action for declaratory judgment; Per Curiam

Attorneys:

For Appellant: James R. Troupis, Madison

For Respondent: Thomas J. Balistreri, Madison

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