Case Summary

On August 4, 2023, several Wisconsin voters filed a petition with the Wisconsin Supreme Court seeking to file an original action challenging Wisconsin’s legislative redistricting plans, which were adopted by the Wisconsin Supreme Court in Johnson v. Wisconsin Elections Commission, as partisan gerrymanders in violation of the Wisconsin Constitution. Petitioners alleged the state’s 2010-cycle legislative plans were pro-Republican partisan gerrymanders and, by using a least-changes approach, the Wisconsin Supreme Court’s adopted plans retained the unconstitutional partisan skew. They sought a judicial declaration the plans were unconstitutional, an injunction barring their use in future elections, and for the court to require remedial legislative plans be implemented and a special election for the Wisconsin Senate be held in 2024.

• On October 6, 2023, the Wisconsin Supreme Court issued an order denying the petition for leave to file their action, thereby ending the case.

Case Library

The Supreme Court of Wisconsin - 2023AP001412

• Petition to Commence an Original Action - 8/4/23
• Petitioners' Appendix - 8/4/23
• Memorandum in Support of Petition to Commence Original Action - 8/4/23
• Order Granting Motions to Commence an Original Action - 8/8/23
• 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
• 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
• Memorandum 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 - 8/22/23
• Memorandum of Law in Support of Motion to Recuse Justice Protasiewicz by Proposed Intervenor-Respondent the Wisconsin Legislature - 8/22/23
• Appendix to Memorandum of Law in Support of Motion to Recuse Justice Protasiewicz - 8/22/23
• Non-Party Brief of Wisconsin Legislature as Amicus Curiae in Opposition to Petition for an Original Action - 8/22/23
• Order - 8/23/23
• Response to Motion to Recuse by Proposed Intervenor-Respondent the Wisconsin Legislature - 8/29/23
• Order - 9/5/23
• Supplemental Brief Opposing Proposed Intervenor the Wisconsin Legislatures' Motion to Recuse - 9/18/23
• Supplemental Brief in Support of Motion to Recuse Justice Protasiewicz by Proposed Intervenor-Respondent the Wisconsin Legislature - 9/18/23
• Letter from Justice Protasiewicz to Counsel - 9/21/23
• Memorandum Decision and Order of Justice Janet C. Protasiewicz - 10/6/23
• Order - 10/6/23