Case Summary
On August 2, 2023, a group of Wisconsin voters filed a petition for an original action with the Wisconsin Supreme Court seeking to sue the Wisconsin Elections Commission, its members, and various state legislators and challenge the state’s legislative redistricting plans, which followed a “least changes” approach from the prior decade’s plans and were ordered into use by the Wisconsin Supreme Court in Johnson v. Wisconsin Elections Commission, as violating the Wisconsin Constitution. Petitioners alleged the plans were partisan gerrymanders that violated the state constitution’s equal protection, free speech, free association, and free government provisions, failed to comply with the constitution’s contiguity requirement, and that the Court violated separation of powers principles by ordering them into use over the Governor’s veto which the legislature never overrode. They sought a judicial declaration that the plans were unconstitutionally partisan gerrymandered and noncontiguous, an injunction barring the plans from use in future elections, and for the Court to require non-partisan gerrymandered remedial plans be enacted. They also requested the Court invalidate the terms of state Senators who were elected using unconstitutional districts and order a special election be held in 2024.
- On October 6, 2023, the Court granted the petition in part, agreeing to hear the petitioners’ contiguity and separation of powers claims but declining to hear their partisan gerrymandering claims.
- Oral arguments were held before the Court on November 21, 2023.
- On December 22, 2023, the Court struck down the legislative plans as violating the Wisconsin Constitution’s contiguity requirement, overturning its own prior decisions allowing districts to include detached portions of a political subdivision’s territory. The Court enjoined the plans from further use and ordered the State to enact remedial plans in time for use in the 2024 elections. If the State failed to remedy the contiguity issues, the Court stated it would adopt remedial plans and laid out the criteria it would use, including considerations of partisan impact. Finally, the Court denied the request to shorten state Senators’ terms and order a special election in 2024.
- On December 28, 2023, several intervenor-Defendants filed a motion for reconsideration with the Court and requested a stay pending decision on the motion, which was denied on January 11, 2024.
Case Library
The Supreme Court of Wisconsin - 2023AP001399
- Petitioners' Memorandum of Law - 8/2/23
- Petition to the Supreme Court of Wisconsin to Take Jurisdiction of an Original Action - 8/2/23
- Motion for Scheduling Order - 8/2/23
- Petitioners' Index - 8/2/23
- Senators Carpenter, Larson, Spreitzer, Hesselbein and Smith's Response to Motion for Scheduling Order - 8/14/23
- Order - 8/15/23
- Response of Wisconsin Elections Commission and its Commissioners and Administrator to Petition for Leave to Commence an Original Action - 8/22/23
- Brief of Senator[s] [...] in opposition to Petition for an Original Action - 8/22/23
- On Petition to the Supreme Court of Wisconsin to Take Jurisdiction of an Original Action - 8/22/23
- The Wisconsin Legislature's Motion for Leave to File a Non-Party Amicus Brief - 8/22/23
- The Wisconsin Legislature's Motion to Intervene - 8/22/23
- Motion for Leave to File a Brief as Amicus Curiae - 8/22/23
- Motion of Law in Support of the Wisconsin Legislature's Motion to Intervene - 8/22/23
- Motion to Recuse Justice Protasiewicz by Proposed Intervenor-Respondent the Wisconsin Legislature and Respondents Senators [...] - 8/22/23
- Memorandum of Law in Support of Motion to Recuse Justice Protasiewicz by Proposed Intervenor-Respondent the Wisconsin Legislature and Respondents Senators [...] - 8/22/23
- Appendix to Memorandum of Law in Support of Motion to Recuse Justice Protasiewicz - 8/22/23
- Order - 8/23/23
- Statement of Response of Wisconsin Elections Commission and its Commissioners and Administrator - 8/28/23
- Petitioners' Response to Motion to Recuse Justice Protasiewicz - 8/29/23
- Petitioners' Appendix in Support of Response to Motion to Recuse Justice Protasiewicz - 8/29/23
- Response Brief of Senators [...] to Motion for Recusal - 8/29/23
- Plaintiffs' Response to Wisconsin Legislature's Motion to Intervene - 9/5/23
- Order - 9/5/23
- Supplemental Response Brief of Senators [...] to Motion for Recusal - 9/18/23
- Supplemental Brief in Support of Motion to Recuse Justice Protasiewicz by Proposed Intervenor-Respondent the Wisconsin Legislature - 9/18/23
- Petitioners' Supplemental Response to Motion to Recuse Justice Protasiewicz - 9/18/23
- Justice Protasiewicz' Letter to Counsel re Communications - 9/21/23
- Memorandum Decision and Order of Justice Janet C. Protasiewicz - 10/6/23
- Order - 10/6/23
- Motion to Intervene on Behalf of Billie Johnson, [...] - 10/10/23
- Memorandum in Support of Intervention on Behal of Billie Johnson, [...] - 10/10/23
- Motion to Intervene by Governor Tony Evers - 10/10/23
- Governor Tony Evers' Memorandum in Support of Motion to Intervene - 10/10/23
- Motion to Intervene of Nathan Atkinson, [...] - 10/10/23
- Memorandum of Law in Support of Motion to Intervene of Nathan Atkinson, [...] - 10/10/23
- Petition in Intervention of Nathan Atkinson, [...] - 10/10/23
- Order - 10/13/23
- Petitioners' Brief - 10/16/23
- Petitioners' Appendix - 10/16/23
- Opening Brief of Senators Carpenter, Larson, Spreitzer, Hesselbein and Smith - 10/16/23
- Governor Tony Evers Initial Brief on Four Questions - 10/16/23
- Brief of Atkinson Intervenors - 10/16/23
- Appendix of Unpublished Opinions Cited by Atkinson Intervenors - 10/16/23
- Opening Brief of Intervenor-Respondent Wisconsin Legislature and Respondents [...] - 10/16/23
- Appendix to Opening Brief of Intervenor-Respondent Wisconsin Legislature and Respondents [...] - 10/16/23
- Opening Merits Brief of Intervenors-Respondents Billie Johnson [...] - 10/16/23
- Response of Wisconsin Elections Commission and its Commissioners and Administrator to Court Order of October 6, 2023 - 10/16/23
- Affidavit of Ruth Streck - 10/17/23
- Motion to Dismiss by Intervenor-Respondent Wisconsin Legislature and Respondents Senators [...] - 10/20/23
- Memorandum of Law in Support of Motion to Dismiss by Intervenor-Respondent Wisconsin Legislature and Respondents Senators - 10/20/23
- Johnson Intervenors-Respondents' Letter Joining Motion to Dismiss by Intervenor-Respondent Wisconsin Legislature [...] - 10/23/23
- Petitioners' Response Brief - 10/30/23
- Petitioners' Supplemental Appendix - 10/30/23
- Governor Tony Evers's Response Brief on Four Questions - 10/30/23
- Response Brief of Senators Carpenter, [...] - 10/30/23
- Supplemental Appendix of Senators Carpenter, Larson, Spreitzer, Hesselbein and Smith - 10/30/23
- Response Brief of Atkinson Intervenors - 10/30/23
- Response Brief of Intervenors-Respondents Billie Johnson [...] - 10/30/23
- Response Brief of Intervenor-Respondent Wisconsin Legislature and Respondents Senators [...] - 10/30/23
- Petitioners' Response to Motion to Dismiss by Intervenor-Respondent Wisconsin Legislature and Respondents Senators [...] - 10/30/23
- Atkinson Intervenors' Opposition to Motion to Dismiss - 10/31/23
- Letter from Ruth Greenwood Thanking Harvard Students - 10/31/23
- Commission Respondents' Notice of Nonparticipation in Oral Argument - 11/7/23
- Motion of Wisconsin Justice Initiative, Inc. & Wisconsin Fair Maps Coalition for Leave to File No/n-Party Amici Brief - 11/8/23
- Motion of Wisconsin Manufacturers & Commerce, Inc., Seeking Leave to File a Non-Party Brief - 11/8/23
- Motion for Leave to Appeal and File Amicus Brief by Matthew Petering, PhD - 11/8/23
- Motion of Legal Scholars for Leave to File a Non-Party Amicus Curiae Brief in Support of Petitioners - 11/8/23
- Motion for Leave to File a Non-Party Brief - 11/8/23
- Motion for Leave to File a Non-Party Brief - 11/8/23
- Motion of Local Elected Officials for Leave to File Amici Curiae Brief in Support of Petitioners - 11/8/23
- Joint Motion and Appendix A [...] For Corrected LTSB Redistricting Dataset - 11/8/23
- Order - 11/13/23
- Order - 11/13/23
- Order - 11/13/23
- Notification of Additional Authority from Wisconsin Legislature - 11/17/23
- Letter from Law Forward Regarding Potential Referees - 11/21/23
- Decision - 12/22/23
- Memorandum to the Court - 12/26/23
- Letter to the Court from Law Forward - 12/26/23
- Motion for Reconsideration - 12/28/23
- Memorandum of Law in Support of Motion for Reconsideration - 12/28/23
- Appendix to Motion for Reconsideration - 12/28/23
- Order - 12/29/23
- Joint Stipulation as to the Redistricting Data, with Appendix A - 1/2/24
- Commission Respondents' Response to Motion for Reconsideration - 1/4/24
- Wright Petitioners' Response to Respondents' Motion for Reconsideration - 1/4/24
- Senators [...] Opposition to Intervenor-Defendants' Motion for Reconsideration - 1/4/24
- Governor Tony Evers' Opposition to Intervenors-Respondents' Motion for Reconsideration - 1/4/24
- Petitioners' Response to Motion for Reconsideration - 1/4/24
- Petitioners' Appendix in Support of Response to Motion for Reconsideration - 1/4/24
- Order Denying Motion for Reconsideration - 1/11/24
- Joint Stipulation as to Confidentiality of Legislative Technology Services Bureau Shapefile with Incumbent Addresses - 1/12/24
- Order - 1/12/24
- Proposed Maps of Intervenors-Respondents Billie Johnson, [...] - 1/12/24
- Brief of Intervenors-Respondents Billie Johnson, [...] in Support of Proposed Map - 1/12/24
- Expert Report of Thomas Brunell in Support of Maps Proposed by the Johnson Intervenors - 1/12/24
- Expert Report of Christopher Blunt in Support of Maps Proposed by the Johnson Intervenors - 1/12/24
- Brief in Support of Senators Carpenter, Larson, Spreitzer, Hesselbein, and Smith's Proposed Remedial Map - 1/12/24
- Expert Report of Kenneth R. Mayer Ph.D. in Support of Remedial Maps Proposed by the Democratic Senator Respondents - 1/12/24
- Letter from BoardmanClark to the Court - 1/12/24
- Wright Petitioners' Brief in Support of the Wright Map - 1/12/24
- Wright Petitioners' Supporting Materials: The Wright Map - 1/12/24
- Wright Petitioners' Supporting Materials: Tables in Support of the Wright Map - 1/12/24
- Expert Report of Dr. Daryl Deford in Support of Wright Petitioners' Map - 1/12/24
- Expert Report of Dr. Ryan Weichelt in Support of Wright Petitioners' Map - 1/12/24
- Opening Remedial Brief of Intervenor-Respondent Wisconsin Legislature and Respondents Senators [...] - 1/12/24
- Appendix Vol. I to Opening Remedial Brief of Intervenor-Respondent Wisconsin Legislature and Respondents [...] - 1/12/24
- Appendix Vol. II to Opening Remedial Brief of Intervenor-Respondent Wisconsin Legislature and Respondents [...] - 1/12/24
- Petitioners' Brief in Support of Remedial Maps - 1/12/24
- Clarke Petitioners' Appendix in Support of Remedial Maps - 1/12/24
- Petitioners' Appendix in Support of Remedial Maps - 1/12/24
- Letter from Law Forward to the Special Masters - 1/12/24
- Second Letter from Law Forward to the Special Masters - 1/12/24
- Motion by Amicus Matthew Petering, Ph.D. for Leave to Submit Proposed Remedial Map - 1/12/24
- Expert Report of Amicus Dr. Matthew Petering in Support of Proposed Wisconsin Legislative Map - 1/12/24
- Images of Amicus Dr. Matthew Petering's Proposed Wisconsin Legislative Map - 1/12/24
- Governor Tony Evers' Brief in Support of Proposed Remedial Maps - 1/12/24
- Expert Report of Anthony E. Fairfax on the Development of Remedial State Legislative District Plans [...] - 1/12/24
- Letter to the Special Masters from the Clerk of the Wisconsin Supreme Court - 1/12/24
- Corrected Expert Report of Kenneth R. Mayer Ph.D. in Support of Remedial Maps Proposed by the Democratic Senator Respondents - 1/16/24
- Corrected Brief in Support of Senators Carpenter, Larson, Spreitzer, Hesselbein, and Smith's Proposed Remedial Map - 1/16/24
- Letter to the Court from Pines Bach - 1/16/24
- Letter to the Court from the Assistant Attorney General of Wisconsin - 1/16/24
- Letter to the Assistant Attorney General of Wisconsin - 1/17/24
- Second Letter to the Court from the Assistant Attorney General of Wisconsin - 1/17/24
- Expert Report of Anthony E. Fairfax on the Development of Remedial State Legislative District Plans [...] - 1/17/24
- Order - 1/17/24
- Brief of Amici Curiae WJI, Inc. & WFMC Re: Submitted Maps - 1/22/24
- Motion by Non-Parties Midwest Alliance of Sovereign Tribes and Lac Du Flambeau Tribe for Leave to File an Amici Brief - 1/22/24
- Brief Amici Curiae for Non-Parties Midwest Alliance of Sovereign Tribes and Lac Du Flambeau Tribe for Leave to File an Amici Brief - 1/22/24
- Wright Petitioners' Response Brief on the Proposed Remedial Maps - 1/22/24
- Wright Petitioners' Appendix - 1/22/24
- Response Brief of Intervenors-Respondents Bilie Johnson, [...] in Support of Proposed Map - 1/22/24
- Response Remedial Brief of Intervenors-Respondent Wisconsin Legislature [...] - 1/22/24
- Appendix to Response Remedial Brief of Intervenors-Respondent Wisconsin Legislature [...] - 1/22/24
- Letter to the Court from Bell Giftos St. John LLC - 1/22/24
- Motion for Leave to File Expert Reports by Intervenors-Respondent Wisconsin Legislature [...] - 1/22/24
- Motion for Reconsideration of Schedule by Intervenors-Respondent Wisconsin Legislature [...] - 1/22/24
- Response Brief of Senators Carpenter, [...] to Other Parties' Proposed Remedial Maps - 1/22/24
- Governor Tony Evers' Response Brief on Proposed Remedial Maps - 1/22/24
- Petitioners' Response Brief in Support of Remedial Maps - 1/22/24
- Petitioners' Appendix in Support of Response to Remedial Maps - 1/22/24
- Brief of Amicus Matthew Petering, PhD Regarding Proposed Remedial Maps - 1/22/24
- Motion by Amicus, Forever Wisconsin, for Leave to Submit a Brief Commenting on the Redistricting Maps [...] - 1/22/24
- Brief for Amicus, Forever Wisconsin, for Leave to Submit a Brief Commenting on the Redistricting Maps [...] - 1/22/24
- Exhibits for Amicus Brief of Forever Wisconsin: A, B1, B2, B3 - 1/22/24
- Letter to the Supreme Court from Law Forward - 1/23/24
- Order - 1/24/24
- Order - 1/24/24
- Order - 1/24/24
- Order - 1/25/24
- Wright Petitioners' Response to Respondents' Motion for Reconsideration of January 11 Order - 1/26/24
- Governor Evers' Opposition to Intervenors-Respondents' Second Motion for Reconsideration - 1/26/24
- Senators Carpenter, [...]'s Opposition to Intervenors-Respondents' January 22, 2024 Motion for Reconsideration - 1/26/24
- Petitioners' Response to Second Motion for Reconsideration - 1/26/24
- Commission Respondents' Response to Motion for Reconsideration of this Court's Remedial Scheduling Order - 1/26/24
- Letter to the Supreme Court from Bell Giftos St. John LLC - 1/30/24
- Report of the Court-Appointed Co-Consultants [...] - 2/1/24
- Response brief of Senators Carpenter [...] to the Report of Court Consultants Grofman and Cervas - 2/8/24
- Brief of Intervenors-Respondents [...] in Response to Consultants' Report - 2/8/24
- Response to Consultants' Report and Recommended Remedy by Intervenor-Respondent Wisconsin Legislature [...] - 2/8/24
- Non-Party Response Brief of Coalition on Lead Emergency to the Consultant Report - 2/8/24
- Brief by Amicus, Forever Wisconsin, Commenting on the Analysis of Experts on Redistricting Maps Submitted to the Court - 2/8/24
- Motion for Leave to Subpoena Consultants for Depositions and Documents, or Alternatively, to Strike Absent Further Factfinding - 2/8/24
- Brief of Amicus Matthew Petering, PhD Regarding Consultants' Report - 2/8/24
- Governor Tony Evers' Response to Consultants' Report - 2/8/24
- Wright Petitioners' Response to Consultants' Report - 2/8/24
- Petitioners' Response to Consultants' Report - 2/8/24
- Non-Party Brief of Amicus Curiae Legal Scholars in Response to Expert Report - 2/8/24
- Order - 2/9/24
- Commission Respondents' Response to Motion for Leave to Subpoena Consultants [...] - 2/13/24
- Joint Response of Petitioners [...] to Motion for Leave to Subpoena Consultants [...] - 2/13/24
- Appendix in Support of Joint Response of Petitioners [...] to Motion for Leave to Subpoena Consultants [...] - 2/13/24
- Letter to the Supreme Court from Bell Giftos St. John LLC - 2/21/24
- Statement of Fees and Expenses by the Consultant Team - 2/25/24
- Email from Jonathan Cervas to the Clerk of the Supreme Court of Wisconsin - 2/25/24
- Letter from the Waupaca Republican Party - 3/1/24
- Order - 3/8/24
- Motion to Dismiss Case as Moot by Intervenor-Respondent Wisconsin Legislature [...] - 3/11/24
- Commission Respondents' Motion for Clarification of Opinion and Order as it Relates to Recall and Special Elections - 3/15/24
- Order - 3/19/24
- Letter to the Supreme Court from the Wisconsin Institute for Law & Liberty - 3/21/24
- Response to Commission Respondents' Motion for Clarification of Opinion and Order by Intervenor-Respondent Wisconsin Legislature [...] - 3/21/24
- Governor Tony Evers' Response to Wisconsin Election Commission's Motion for Clarification of Opinion and Order [...] - 3/21/24
- Wright Petitioner's Response to Court's March 19 Order - 3/21/24
- Petitioners' Response to Commission Respondents' Motion for Clarification - 3/21/24
- Senators [...] Response to WEC's Motion for Clarification - 3/21/24
- Senators [...] Response to Legislature's Motion to Dismiss - 3/22/24
- Petitioners' Response to Motion to Dismiss - 3/22/24
- Governor Tony Evers' Response to Wisconsin Legislature's Motion to Dismiss - 3/22/24
- Letter Update from Governor Tony Evers - 3/28/24
- Order - 4/2/24
- Order Denying Motion for Clarification - 4/3/24
- Response of Intervenors-Respondents Billie Johnson [...] to April 2 Order Regarding Consultants' Fees - 4/9/24
- Statement of Position of Allocation of Consultants' Fees and Expenses by Intervenor-Respondent Wisconsin Legislature [...] - 4/9/24
- Joint Response of Petitioners and Wright Intervenors Regarding Consultants' Fees and Expenses Allocation - 4/9/24
- Appendix in Support of Joint Response of Petitioners and Wright Intervenors [...] - 4/9/24
- Commission Respondents' Response to Court Order Dated April 2, 2024 - 4/9/24
- Senators Carpenter [et.al]'s Response Regarding Consultants' Fees and Expenses Allocation - 4/9/24
- Governor Tony Evers' Response to the Court's Order on Allocation of Consultants' Costs - 4/9/24
- Order - 6/24/24
- Order - 9/24/24