Wisconsin court case could end 'virtually impenetrable' GOP 'near-supermajorities' in state legislature

27 October 2023

Wisconsin was once considered a blue state; 1988 Democratic presidential nominee Michael Dukakis lost California but carried Wisconsin. During the Obama years, however, Republicans gained considerable ground in Wisconsin — where they presently control both houses of its state legislature.

Republicans have seriously gerrymandered Wisconsin's legislative districts, putting Democrats at a major disadvantage. But according to Guardian reporters Alice Herman and Sam Levine, that disadvantage could disappear if Democrats prevail in a case the Wisconsin Supreme Court will be deciding.

Herman and Levine, reporting on October 27, explain, "Republicans still hold near-supermajorities in both chambers of the legislature…. Their legislative majorities are virtually impenetrable, cemented by Republican-drawn district lines that have guaranteed Republicans control of the legislature even in years where Democrats received more votes statewide…. That could change soon."

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Democrats enjoyed an important victory when liberal Janet Protasiewicz won a Wisconsin Supreme Court election earlier this year, defeating far-right MAGA Republican Dan Kelly by double digits. Technically, the race was nonpartisan, but Democrats around the country donated generously to Protasiewicz's campaign. Protasiewicz campaigned aggressively on abortion rights and voting rights and won.

"Liberals won a 4-3 majority on the court in April, and are widely expected to rule that the maps are unconstitutional," Herman and Levine report. "Oral arguments in the case are set for 21 November. If the current maps are overturned in favor of new, more competitive ones, it's likely to shrink the Republican advantage in the legislature from a supermajority to a narrow one — and give Democrats a fighting chance at winning control."

The journalists add, "That could transform politics in Wisconsin, forcing Republicans to consider supporting issues that have broad bipartisan support like Medicaid expansion and marijuana legalization that have been stymied by the legislature for more than a decade."

Ken Mayer, a University of Wisconsin, Madison political science professor, believes Republicans have played dirty by gerrymandering Wisconsin's legislative districts.

Mayer told The Guardian, "The party majorities are sufficiently large that the legislature can get away with being completely unresponsive to anything a majority of voters want. If you can't lose, you don't have to care. If you run the risk of losing, based on not caring, you will start to care."

The Guardian's full report is available at this link.

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