Wisconsin Supreme Court to Hear Appeal Challenging State’s Congressional Map as ‘Anti‑Competitive’
A liberal majority agreed to review a novel claim that districts insulate incumbents, keeping 2026 maps in place while leaving open a path to a 2027 trial and possible 2028 changes.
Overview
- The court’s four liberal justices accepted an appeal of a dismissed lawsuit that argues Wisconsin’s eight congressional districts amount to an “anti‑competitive gerrymander” designed to protect incumbents and suppress electoral competition.
- The case took an unusual procedural route when plaintiffs asked the court to empanel county judges under a rarely used 2011 statute, and a county‑judge panel dismissed the suit before the state high court agreed to hear the appeal.
- Two conservative justices dissented from the decision to take the case, arguing the petitioners’ right to appeal under the 2011 law is doubtful and warning that the court risks overreach; liberal justices said taking the appeal does not signal a judgment on the merits.
- Plaintiffs have said they do not seek court‑ordered map changes for the 2026 elections and instead aim for a trial in spring 2027 that could produce map revisions to take effect in 2028 if they prevail.
- A ruling that endorses the anti‑competitive theory could reshape how courts evaluate maps by focusing on lack of electoral competition rather than only partisan bias, with possible ripple effects for control of Wisconsin’s congressional delegation and for redistricting fights in other states.