On Wednesday, the Supreme Court issued an astonishing decision throwing out Wisconsin’s new legislative districts as a violation of the equal protection clause. The majority accused a Republican justice on the Wisconsin Supreme Court of greenlighting a “racial gerrymander” by creating one more majority-Black district in the state Assembly. Wednesday’s unsigned decision, issued through the shadow docket, hands Wisconsin Republicans an unexpected victory in their quest to reduce Black representation in the legislature. It also alters the law of redistricting in fundamental yet cryptic ways that might, to a cynic, seem designed to disadvantage Democrats in every single case.
Wisconsin Legislature v. Wisconsin Elections Commission is an unusual case. It arose because the state’s Democratic governor and GOP-controlled legislature could not agree on new maps following the 2020 census. The Wisconsin Supreme Court stepped in to referee the dispute, allowing parties to submit draft maps for its consideration—including Gov. Tony Evers and legislative leaders. A majority declared that it would abide by a “least change” rule, selecting the map that made the fewest changes to the current plan. Applying this standard, the court adopted Evers’ map in March. Notably, Justice Brian Hagedorn, a conservative Republican, authored the majority opinion. His decision largely preserved the current Republican gerrymander, but also increased the number of majority-Black Assembly districts in Milwaukee from six to seven.
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