Wisconsin Governor Tony Evers has vetoed a redistricting proposal put forward by the Republican-controlled Legislature. The move comes as a last-ditch effort to prevent the state Supreme Court from drawing legislative boundaries. The political stakes are high in the battleground state, where Republicans have maintained control of the Legislature since 2011 despite Democrats winning statewide elections.
Evers had promised to veto the GOP legislative-district proposal, as it closely resembled his own maps but with changes that would reduce the number of Republican incumbents who would have to compete against each other in the upcoming November election. The governor stated that he vetoed the maps because they perpetuated gerrymandering.
With Republicans lacking the votes needed to override the veto, tensions between the two parties escalated. Republican Assembly Speaker Robin Vos criticized Evers for placing his trust in the liberal-dominated Wisconsin Supreme Court to uphold the governor's desired outcome of more partisan, gerrymandered maps for Democrats. Senate Majority Leader Devin LeMahieu accused Evers of having confidence that the court would disregard the constitutional authority of the Legislature.
Last month, the liberal-controlled state Supreme Court declared the current Republican-drawn legislative maps as unconstitutional. The court threatened to draw new maps unless the Legislature and Evers reached an agreement. However, a consensus was not reached, prompting the Legislature to rush to pass new maps before the deadline for consultants hired by the Supreme Court to submit their recommendations.
This situation in Wisconsin is unfolding amidst ongoing litigation in numerous states concerning congressional and state legislative districts that were enacted following the 2020 census. Last week, national Democrats urged the Wisconsin Supreme Court to consider a challenge to the state's congressional districts; however, the court has yet to decide whether to take up the case.
In the legislative-district lawsuit, Republicans requested Justice Janet Protasiewicz to recuse herself due to comments she made during her campaign, referring to the maps as 'rigged' and 'unfair.' They argued that her statements and the significant campaign funding she received from the Wisconsin Democratic Party created a risk of bias. Protasiewicz, who refused to step aside, was part of the majority that ordered new maps in December.
Now, Republicans are making similar arguments to exclude Protasiewicz from the congressional redistricting challenge. They contend that her previous statements and campaign funding create a risk of bias that violates due process under the U.S. Constitution. However, Protasiewicz rejected these arguments in the legislative map redistricting case, stating that recusal decisions are determined by the law and not personal preference.
The lawsuit seeking her recusal from the congressional case involves the GOP-controlled Wisconsin Legislature and Republican representatives Scott Fitzgerald, Glenn Grothman, Mike Gallagher, Bryan Steil, and Tom Tiffany. U.S. Representative Derrick Van Orden is the only Republican not involved in the lawsuit, as his district is one of the two considered competitive in Wisconsin.
The current congressional maps in Wisconsin were drawn by Governor Evers and approved by the state Supreme Court. The U.S. Supreme Court declined to intervene in March 2022, allowing the maps to take effect. The Wisconsin Supreme Court is now facing a tight deadline to consider the challenge, as new maps must be in place by March 15 for adequate preparation ahead of the August 13 primary.
The lawsuit argues that the court has enough time to review map submissions and select one that will be in place for the November election. The outcome of this legal battle will ultimately shape the political landscape of Wisconsin, potentially impacting the balance of power between the two major parties in the state.
