The Independent View: WI Supreme Court Replaces State Legislature Maps With GOP Proposal

Wisconsin's Supreme Court, adopted a Slate of GOP-backed State Legislature Maps Friday, in a win for Republicans.

The conservative-leaning Court determined in a 4-3 Vote, that the GOP proposal was "race neutral," unlike the Governor's submission, a full reversal from a prior Ruling last month, when the Court selected Maps from Gov. Tony Evers (D).

"The maps proposed by the Wisconsin Legislature are race neutral. The Legislature's maps comply with the Equal Protection Clause, along with all other applicable federal and state legal requirements. Further, the Legislature's maps exhibit minimal changes to the existing maps," the Court said in its Ruling.

On March 3rd, the Court selected the Governor's Maps, concluding they best complied with its "least changes" approach to Redistricting. But then, on March 23rd, the High Court revisited the Legislature's Maps and determined the analysis on which it relied for its prior Ruling erred in its use of the Voting Rights Act. Justice Brian Hagedorn, who sided with his liberal colleagues in the previous decision, joined his conservative colleagues in the Ruling Friday.

"Upon review of the record, we conclude that insufficient evidence is presented to justify drawing state legislative districts on the basis of race. The maps proposed by the Governor, Senator Bewley, BLOC, and CMS are racially motivated and, under the Equal Protection Clause, do not survive strict scrutiny," the Court added.

The Governor condemned the “outrageous“ decision. “This is an outrageous decision by the Wisconsin Supreme Court. This Court had clearly and decisively rejected the Legislature’s maps prior to this case being considered by the Supreme Court of the United States, and today, they have backtracked on that decision, upholding the very maps they had previously found to unlawfully ‘pack’ Black voters,“ Evers said in a Statement following the Ruling.

The New Legislature Maps shrink the number of Majority-Black Districts for State General Assembly Races down to Five. Wisconsin currently has Six, and the Governor's Maps created Seven. Evers tried to persuade the Court to use another analytical framework to justify his Maps or knock the Majority-Black Districts down to Six, but the Court ultimately selected the Republican approach.

Last year, a political stalemate between Evers and State Lawmakers kicked the issue to the Court following the Governor's Veto of the Legislature's Maps. In an attempt to abstain from a hyperpolitical tussle, the Court announced its intent to select Redistricting Maps that made the "least changes." This contrasts with other States, such as Ohio, Pennsylvania, and North Carolina, where thorny questions of Proportionality and Gerrymandering weighed heavily in the decision-making process. The Court requested the Parties send their proposals for evaluation.

Friday is the First day prospective Candidates vying for a Party Nomination can begin filing to land on the Primary Ballot.

The High Court also Rejected a request to reevaluate its March 3rd Ruling on the State's Congressional Map. The Court previously Rejected a request to reconsider that Ruling late last month. In that Ruling, the Court adopted the Governor's Congressional Map proposal, which made minimal changes to the current layout and could still lead to a Republican-led 6-2 split for the Congressional Seat count, if the 2022 Midterm cycle sees a Red Wave.