A second three-judge panel in Wisconsin dismissed a challenge to the state's congressional map on Tuesday, ruling it does not have the authority to rule on the matter.
The judges, David Conway of the Dane County Circuit Court, Michael Moran of the Marathon County Circuit Court and Patricia Baker of the Portage County Circuit Court, wrote in a 13-page ruling that unless the Wisconsin Supreme Court says "otherwise," its prior 2022 ruling that the "partisan composition of electoral districts raises a non-justiciable political question" remains in effect.
As an "inferior court," the panel is therefore "obligated to obey" that ruling, the judges wrote. The trio added, "The Wisconsin Supreme Court has held that claims of the sort Plaintiffs allege are not actionable under Wisconsin law, and this panel, as an inferior tribunal exercising the powers of a circuit court, has no authority to modify or overrule that precedent."
They later wrote, "This panel is left with no option but to dismiss Plaintiffs' claims."
What the Left Is Saying
The lawsuit was brought in July by a coalition led by Wisconsin Business Leaders for Democracy. The plaintiffs alleged that the Badger State's congressional map amounts to an "intentionally uncompetitive gerrymander" and asked the panel to declare it unconstitutional.
Advocates for changing the maps argue that voters deserve competitive districts where their voices can meaningfully influence election outcomes. They contend that heavily skewed maps undermine democratic principles by essentially allowing mapdrawers to choose their voters rather than the other way around.
Wisconsin Gov. Tony Evers, a Democrat, vetoed new maps in 2022 that the GOP-controlled legislature drafted following the 2020 census. The current state Supreme Court, now controlled by liberals after being conservative-led when it drew the current congressional boundaries, could potentially revisit the issue if appealed to them directly.
What the Right Is Saying
Supporters of the current map argue that courts should not be in the business of redrawing electoral boundaries based on partisan considerations. They point to the Wisconsin Supreme Court's 2022 precedent as establishing a clear legal principle that such questions are outside judicial authority.
Republicans have maintained that the current maps were legitimately enacted through proper legislative and judicial processes. The National Republican Congressional Committee has been monitoring redistricting challenges across multiple states, viewing them as part of ongoing electoral strategy debates at the state level.
The Wisconsin legislature's decision to pass maps responsive to census data followed established procedures. Defenders argue this represents the proper functioning of representative democracy rather than an undemocratic outcome.
What the Numbers Show
Wisconsin currently has six Republicans and two Democrats serving in the U.S. House of Representatives under the current congressional map.
According to the Gerrymandering Project at Princeton University, Wisconsin's congressional map provides a "significant" advantage to Republicans. The project gave the map an "F" rating for competitiveness.
By contrast, the same project gave Wisconsin's state House and Senate maps an "A" rating, suggesting those legislative district boundaries are substantially more competitive than the federal congressional districts.
The Cook Political Report rates GOP Rep. Derrick Van Orden's bid for reelection as a "Toss Up" race, while the other seven seats in the state are rated as either likely or solidly held by their respective incumbent parties.
Last month, a separate three-judge panel dismissed a different challenge to the same congressional map on identical grounds—ruling it also lacked authority to rule on the matter. Both rulings can be appealed to higher courts.
The Bottom Line
This marks the second time this year that a judicial panel has declined to hear arguments challenging Wisconsin's congressional boundaries, citing the 2022 state Supreme Court precedent as binding on lower courts.
The plaintiffs' path forward likely involves either appealing directly to the Wisconsin Supreme Court and asking it to overturn its own prior ruling, or pursuing alternative legal strategies through federal courts. Either approach would require overcoming significant procedural hurdles.
What happens next will depend on whether advocates for map changes can convince a majority of the now-liberal-controlled state Supreme Court to revisit its 2022 justiciability determination. If that precedent stands, opponents of the current boundaries may need to pursue change through the political process rather than the courts.