Summary
The Wisconsin Supreme Court held that a complaint challenging Wisconsin’s congressional district map constitutes an action challenging the apportionment of a congressional district under Wis. Stat. § 801.50(4m). The court therefore appointed a three-judge circuit court panel under Wis. Stat. § 751.035 and designated Dane County as the venue. Separate opinions concurred in part and dissented, principally addressing the panel-selection process, constitutional authority, and whether the action was an impermissible collateral attack on prior map-related decisions.
Holdings
- A challenge to Wisconsin's congressional district map constitutes an action challenging the apportionment of a congressional district within the meaning of Wis. Stat. § 801.50(4m). The statutory term is not limited to allocation of congressional seats among states and may encompass redistricting challenges involving political boundaries.
- Because WBLD's complaint qualifies under § 801.50(4m), the Wisconsin Supreme Court was required to appoint a three-judge circuit-court panel under Wis. Stat. § 751.035 and select a circuit as the venue.
Questions Presented
- Whether WBLD's complaint constituted an action challenging the apportionment of a congressional or state legislative district under Wis. Stat. § 801.50(4m).
- Whether the Wisconsin Supreme Court was required under Wis. Stat. § 751.035 to appoint a three-judge circuit-court panel and select a venue.
Disposition
other
Cases Cited (17)
- Jensen v. Wisconsin Elections Bd., 2002 WI 13, 249 Wis. 2d 706, 639 N.W.2d 537(distinguished)
- Shapiro v. McManus, 577 U.S. 39, 43 (2015)(followed by analogy)
- Growe v. Emison, 507 U.S. 25, 34 (1993)(followed)
- Chapman v. Meier, 420 U.S. 1, 14 (1975)(followed by analogy)
- Johnson v. WEC, 2022 WI 14, 400 Wis. 2d 626, 971 N.W.2d 402(discussed)
- Madison Tchrs., Inc. v. Walker, 2013 WI 91, 351 Wis. 2d 237, 839 N.W.2d 388(discussed in dissent)
- Cook v. Cook, 208 Wis. 2d 166, 189, 560 N.W.2d 246 (1997)(discussed in dissent)
- State ex rel. J.H. Findorff & Son, Inc. v. Cir. Ct. for Milwaukee Cnty., 2000 WI 30, 233 Wis. 2d 428, 608 N.W.2d 679(discussed in dissent)
- State ex rel. Fourth Nat. Bank of Philadelphia v. Johnson, 103 Wis. 591, 79 N.W. 1081 (1899)(discussed in dissent)
- Gabler v. Crime Victims Rts. Bd., 2017 WI 67, 376 Wis. 2d 147, 897 N.W.2d 384(discussed in dissent)
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