Republicans Could Get Last Word on Redistricting—as Democrats Did in 1983  

You may have heard that the Wisconsin Supreme Court will be deciding legislative district lines that will stand for the next decade.

It might happen that way. But if Republicans win back the governor’s office and retain control of both houses of the Legislature this fall, they could redraw the map next year to favor their party even more than any of the GOP-leaning options the high court might choose.

That’s what Democrats did when they were in the same position 40 years earlier, although the 1983 Democratic effort differs significantly from the Republican-engineered 2011 redistricting plan that Democrats have denounced as an extreme partisan gerrymander.

A Supreme Court opinion in the current case will leave the door open for Republicans to redraw the map if they are in charge of both the legislative and executive branches.

Continue ReadingRepublicans Could Get Last Word on Redistricting—as Democrats Did in 1983  

Whose maps are least changed of all?   

This blog post continues the focus of the Law School’s Lubar Center on redistricting

Change, like beauty, appears to be in the eye of the beholder.

After the Wisconsin Supreme Court ruled that new legislative and congressional district maps must change as little as legally possible from the current maps, observers saw it as a win for the Republicans and conservatives who sought that ruling. Democrats have condemned the maps drawn in 2011 as an extreme partisan gerrymander that has locked in GOP control of the Legislature for the past decade.

But while least-change maps are sure to be Republican-majority maps, they’re not necessarily going to be the same maps that the GOP-controlled Legislature approved last year, only to be vetoed by Democratic Gov. Tony Evers. And the ruling hasn’t driven all the rival map-changers out of the courtroom.

Instead, Justice Rebecca Bradley’s majority opinion has prompted a legal debate over exactly what “least change” means—and a contest in which nearly all of the parties are competing to convince the court that their preferred maps would change less than those submitted by their opponents.

Continue ReadingWhose maps are least changed of all?   

No Exit

Prof. Rick Hasen of UCLA, an expert in election law, had an op-ed in Friday’s New York Times that argued that in the wake of the 2020 election and its aftermath, including the January 6th attack on Congress, “[w]e must not succumb to despair on indifference. It won’t be easy, but there is a path forward if we begin acting now, together, to shore up our fragile election ecosystem.”

Unfortunately, I disagree. The fact that there is no path forward unless X, Y, and Z happen does not mean that X, Y, and Z will happen. It could well be that there is no path forward. And no path is likely to be available until a significant portion of the American public fundamentally change their present views about their society and their fellow citizens.

Continue ReadingNo Exit