Wisconsin Republicans are asking a liberal justice not to hear a redistricting case
MADISON, Wis. — Five of Wisconsin’s Republican members of Congress, along with the Republican Party-controlled Legislature, are asking the state’s newest liberal member of the Supreme Court not to hear a redistricting case that aims to redraw congressional maps ahead of to the November elections.
The court has not yet decided whether to hear the case filed this month by the Elias Law Group, a Democratic law firm based in the nation’s capital. The court has already quashed the legislative plans drawn up by the Republicans and is in the process of determining the new lines.
The new lawsuit argues that last month’s decision to order new state legislative maps opens the door for the latest challenge aimed at congressional lines.
In that case, Republicans asked Judge Janet Protasiewicz to recuse herself, based on comments she made during her campaign calling the legislative plans “rigged” and “dishonest.” She refused to step aside and was part of the 4-3 majority that ordered new tickets in December.
Now Republicans are making similar arguments by calling on her not to hear Congress’s redistricting challenge. In a motion filed Monday, they argued that her critical comments about the Republican maps require her to step aside to avoid a violation of the U.S. Constitution. They also mention the nearly $10 million her campaign received from the Wisconsin Democratic Party.
“A judge cannot rule on a case where she has been biased, or where her participation otherwise poses a serious risk of actual bias,” the Republicans argued in the motion. “Judge Protasiewicz’s public campaign statements pose a constitutionally unacceptable risk that she will prejudge the merits of this case. .”
Protasiewicz rejected similar arguments in the case over the reapportionment of state legislative maps, saying in October that the law did not require her to withdraw from that case.
“Decisions on denial are governed by law,” Protasiewicz wrote at the time. “It’s not a matter of personal preference. If precedent requires it, I must recant. But if precedent does not justify a refusal, my oath obligates me to participate.”
Protasiewicz said this is the case even if the issue to be decided, such as redistricting, is controversial.
“Respect for the law must always prevail,” she wrote. “If I were to allow politics or pressure to influence my decision, it would betray my oath and destroy the independence of the judiciary.”
Those seeking her recusal in Congress’ redistricting case include the Republican Party-controlled Wisconsin Legislature and Republican U.S. Reps. Scott Fitzgerald, Glenn Grothman, Mike Gallagher, Bryan Steil and Tom Tiffany.
The only Republican not involved in the lawsuit is U.S. Rep. Derrick Van Orden, who represents western Wisconsin’s third congressional district. His is one of only two congressional districts in Wisconsin that are considered competitive.
Wisconsin’s current congressional maps were drawn by Democratic Gov. Tony Evers and approved by the state Supreme Court. The US Supreme Court declined to block its entry into force in March 2022.
The Wisconsin Supreme Court has an extremely tight deadline to consider the challenge. State election officials have said new maps must be ready by March 15 so candidates and election officials can adequately prepare for the Aug. 13 primary. Candidates can start distributing nomination papers on April 15.
The lawsuit argues there is time for the court to accept ticket submissions and select one for the November election.