Two Wisconsin lawsuits over redistricting may not be resolved by the 2026 midterm elections

MADISON, Wis. (AP) — Two cases seeking to redraw congressional boundary lines that currently favor Republicans in Wisconsin are on track to be resolved after the 2026 midterm elections, even as lawyers in one of the cases argued Friday in court that there is still time to enact new maps for the November election.

The court hearings in both cases came a day after Indiana Republicans strongly rejected President Donald Trump’s request to redraw congressional lines in that deep red state. Trump is waging a national battle to redistrict electoral districts as part of his attempt to maintain a slim Republican majority in the House of Representatives in next year’s elections.

He watches: The Indiana Republican explains why he defies Trump and rejects congressional redistricting

A lawyer for Democrats who filed one of the appeals in Wisconsin urged the commission to issue a ruling by about March 1, the deadline set by the state elections commission for new maps.

“It’s entirely possible,” Julie Zuckerbrod, an attorney with the liberal Elias Law Group, told a three-judge panel in favor of the stricter timing.

But Dane County Circuit Judge Julie Genovese responded to pressure to act quickly.

“We will decide it when we can decide it,” she said of pending motions for a ruling or to dismiss the case without further argument.

Lawyers for Wisconsin’s six Republican congressmen and other conservative defendants have pushed for a timeline that would not lead to a trial until March 2027.

“Seeking relief in time for the 2026 election would be unfair,” said Kevin LeRoy, an attorney for the congressmen.

The three-judge panel in that case will first decide early next year whether to dismiss the case or rule in favor of those who brought it without further arguments.

Both cases in Wisconsin are before three-judge panels, the first time that process has been used under the 2011 law enacted by Republicans. The dual hearings Friday afternoon lasted two hours and took place in the same courtroom, just blocks from the state Capitol.

The Wisconsin Supreme Court last month ordered that redistricting cases be first heard by a three-judge panel over objections from Republicans.

The three-judge panel hearing the case brought by a bipartisan coalition of business leaders has set a potential trial date of April 5, 2027, if the case survives a motion to dismiss.

Any final rulings by these panels on the merits of the cases can be appealed to the Wisconsin Supreme Court, which is controlled by 4-3 liberal justices.

Business Leaders for Democracy of Wisconsin says in its lawsuit that Wisconsin’s congressional maps are unconstitutional because they are anti-competitive gerrymanders. The lawsuit notes that the average margin of victory for candidates in the eight counties since the maps were released is close to 30 percentage points.

“In a 50-50 state, it makes no sense that 75% of Wisconsin’s House seats are controlled by one party,” Law Forward said in its lawsuit summary on its website.

The other case, filed on behalf of Democratic voters, asserts that the current maps discriminate against Democrats. They do this by packing a large number of Democrats into two districts while dividing other Democratic districts into six Republican-favored districts.

In 2010, the year before Republicans redrew the congressional maps, Democrats held five seats compared to Republicans’ three. Republicans hold six of the state’s eight U.S. House seats, but only two are considered competitive.

The current congressional maps, which were based on those drawn in 2010, were approved by the state Supreme Court when they were controlled by conservative justices. In March 2022, the US Supreme Court refused to prevent them from entering into force.

Democrats’ main target is the western Wisconsin seat held by Republican Rep. Derek Van Orden. He won in 2022 after longtime Democratic Rep. Ron Kind retired. Van Orden won re-election to the 3rd District in 2024.

Another seat Democrats hope to make more competitive is southeastern Wisconsin’s 1st District, which Republican Rep. Brian Steele has held since 2019. The latest maps have made that district more competitive while still favoring Republicans.