Grothman v. Bostelmann – Redistricting (WI)

U.S. Supreme Court

After the Wisconsin Supreme Court adopted Governor Tony Evers’ proposed congressional redistricting map, five U.S. representatives from Wisconsin sought emergency relief from the U.S. Supreme Court. Specifically, on March 9, 2022, the congressmen applied for an emergency stay (or, in the alternative, a petition for cert and summary reversal). The congressmen argued that the Wisconsin Supreme Court’s decision violated due process and that the governor’s map violates the “one-person, one-vote” requirements articulated in Wesberry v. Sanders because of a two-person variation from perfect population equality. 

The States United Democracy Center and Kaplan Hecker & Fink LLP served as co-counsel to Governor Evers. In defending his congressional map, Governor Evers argued that: 

  • His map best respects traditional redistricting criteria, such as compactness, contiguity, and respecting communities of interest, and, as the Wisconsin Supreme Court decided, represents the “least change” from the existing congressional district map; 
  • Granting the applicants’ petition would greatly disrupt Wisconsin’s upcoming election; and 
  • The Wisconsin Supreme Court raised concerns about the applicants’ alternative map violating the Voting Rights Act and rejected it.  

On March 16, the congressmen filed their reply, arguing that their congressional map could be implemented quickly and did not present a burden to election administration. On March 23, the U.S. Supreme Court denied the congressmen’s application, leaving Governor Evers’ congressional map in place. 

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