Supreme Court Throws Out Wisconsin Legislative Map That Added Majority-Black District

Topline

The Supreme Court granted a request from Wisconsin Republicans on Wednesday to throw out a new legislative map approved by the state’s Democratic governor that would have added another majority-Black district to the state legislature, in a decision two of the court’s liberal justices called “unprecedented.”

Barricades are seen in front of the state capitol in Madison, Wisconsin, on January 17, 2021 during … [+] a nationwide protest called by anti-government and far-right groups supporting then-President Donald Trump and his false claims of electoral fraud in the 2020 presidential election. (Photo by KAMIL KRZACZYNSKI/AFP via Getty Images)

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Key Facts

The court’s ruling tosses the map approved by Gov. Tony Evers (D) and backed by the Republican-majority Wisconsin Supreme Court, which Republican legislators challenged on the basis it violated the Equal Protection Clause of the Voting Rights Act by changing the districts of too many Black and Hispanic voters.

Evers’ map would have likely maintained Republican majorities in both chambers of the state legislature, and would have created a seventh majority-Black district for the state Assembly.

The move from the U.S. Supreme Court punts the issue back to Wisconsin’s top court, saying the state court is “free to take additional evidence if it prefers to reconsider the Governor’s maps rather than choose from among the other submissions.”

Wednesday’s decision from the Supreme Court came on the so-called “shadow docket,” leaving the majority opinion unsigned and making it unclear what justices supported the move.

Crucial Quote

“We have held that if race is the predominant factor motivating the placement of voters in or out of a particular district, the State bears the burden of showing that the design of that district withstands strict scrutiny,” the court said of complying with the Voting Rights Act.

Chief Critics

Justices Sonia Sotomayor and Elena Kagan dissented, though it’s not clear if other justices also disagreed with the decision. In their dissent, the justices called the court’s decision “unprecedented,” adding the argument the Wisconsin Supreme Court failed to comply with the Voting Rights Act is “hazy at best.”

Key Background

Congressional and state legislative maps are being redrawn around the country in line with population counts from the 2020 Census. Liberal critics have accused Republicans of drawing maps aimed at packing predominantly left-leaning minority populations into just a handful of districts in order to make maps more GOP-friendly and less competitive. Evers argued as much about maps proposed by the Wisconsin’s GOP-controlled legislature, which he said amounted to “gerrymandering 2.0,” so he instead submitted his own map to the state Supreme Court, which chose it over the legislature’s proposals.

Surprising Fact

The Supreme Court did not rule the state needed to redraw its congressional map.

Contra

The Supreme Court voted 5-4 in early February to halt a lower court ruling that would have required Alabama to redraw a congressional map to better represent Black voters. Conservative Justice Brett Kavanaugh argued in a concurring opinion that it would be improper for the court to intervene so close to an upcoming election.