3-Judge panel rejects congressional map lawsuit

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A three-judge panel in Wisconsin dismissed a lawsuit aimed at redrawing Wisconsin’s congressional districts before the November election, saying they don’t have authority to strike down the current map that was enacted by the Wisconsin Supreme Court.

The lawsuit was filed by national Democratic firm Elias Law Group on behalf of Wisconsin voters who argued Republicans gerrymandered the state’s eight congressional districts so that six of them favor GOP candidates. The map was technically drawn by Democratic Gov. Tony Evers, but under instructions from the Supreme Court’s former conservative majority to make the “least changes” possible to a map drawn by Republicans in 2011.

Elias Law filed the suit amid a national rush by Republicans and Democrats across the country to redraw congressional maps in the hope of favoring their respective parties in the November midterm.

The redistricting suit was filed in Dane County circuit court. Elias asked the Wisconsin Supreme Court last year to establish a three-judge panel of circuit court judges to hear its case. The panel concept was created by Republicans in 2011 but had never been tested before.

In an order Tuesday, the panel of judges from Dane, Outagamie and Milwaukee counties said it can’t rule on the case brought by Elias because the current congressional districts were enacted by the state’s high court in a 2022 decision.

“As circuit court judges, we conclude that the Panel possesses no authority to supersede decisions of the Wisconsin Supreme Court,” said the order.

The redistricting suit claimed the “least changes” approach ordered by the Supreme Court years ago was overturned in 2023, when the court’s liberal majority struck down state Assembly and Senate districts. But the panel said while justices did reject the “least-change methodology” in the prior case, that’s not why the Assembly and Senate maps were struck down.

To do what Elias wanted, the panel said it would have to overrule the Supreme Court, which it can’t do.

“Without a clear holding from the Wisconsin Supreme Court that the abandonment of the least-change methodology applies to more than the crafting of remedial maps, this Panel has no basis to find the current congressional map invalid,” said the decision.

Bryna Godar, a staff attorney with the State Democracy Research Initiative at the University of Wisconsin-Madison Law School, told WPR the panel’s dismissal is likely to be appealed. Under the process created by the GOP in 2011, that means it would go directly to the state Supreme Court.

“So, the Wisconsin Supreme Court would have to step in at this phase and decide the legal issues, but could send it back to the lower court to decide the facts of whether this map violates whatever standard they ultimately set out,” Godar said.

At this stage, Godar said it’s “almost entirely certain” that the current congressional districts will be in place for the November election.

Another redistricting lawsuit is before a different panel of circuit court judges formed by the state Supreme Court, but trial dates for that case have been scheduled after the midterm.

A statement from the National Republican Congressional Campaign Committee called the panel’s ruling “a significant win for Republicans and a yet another blow to desperate Democrats who wanted to reshape the electoral landscape.

“By keeping Wisconsin’s current district lines in place for 2026, Republicans are in a strong position to build on our momentum to retain and grow our House majority,” said committee spokesperson Zach Bannon.

Elias Law Group did not immediately respond to a request for comment.