Guest post by Jefferson Davis in Wisconsin
Madison – In what some are calling “catastrophic”, “nuclear” or “apocalyptic”, which at face-value and with the complicit media coverage it would seem to be, a closer look at the at the actual 235-page ruling of the liberal Wisconsin Supreme Court (4-3) on the redrawing of legislative maps for the 2024 elections on December 22nd may show a different and possibly positive development.
It is apparent that democrats are willing to do whatever it takes to have their way when they can’t win at the ballot box or legislate their radical agenda by rewarding judicial candidates with their unlimited support who then appear to legislate from the bench in exchange for their support during campaigns.
The 235-page ruling oozes with countless examples cited by the dissenting Justices (Zeigler, Bradley and Hagedorn) of this apparent quid-pro-quo arrangement between the candidates and their liberal supporters with unlimited resources.
This ruling also points out the hypocrisy and power grab of the 4 liberal justices who are apparently willing to completely disregard the constitution, settled case election law, to not legislate from the bench and avoiding any appearance of blatant partisanship.
Wisconsin lost a congressional seat (from 9 to 8) after the 2000 Federal Census due to negative population changes.
These Legislative Maps were used for the November 2022 elections.
There were no appeals or court filings regarding this decision for nearly 18 months until candidate Janet Protasiewicz, Justice Karofsky and Justice Dallet started making apparent overtures in the Johnson vs. WEC Case, at California fundraisers and or debates that Wisconsin’s Legislative Maps were “unfair” and “rigged” and that they needed a “fresh look” to make them more favorable for democrats instead of republicans because of republicans’ gerrymandering the Legislative Maps.
Janet Protasiewicz was sworn into office on August 1, 2023, changing the make-up of the Wisconsin Supreme Court from 4-3 lean conservative to 4-3 outright progressive liberalism ideology.
The democrats (citizen groups, the Governor’s Office and Democrat Legislators) directly and or indirectly immediately dropped an expedited lawsuit request to the Wisconsin Supreme Court on August 2, 2023, requesting immediate relief in the following ways involving the “unconstitutional” legislative maps due to “non-contiguous” districts:
- All 132 legislative districts would have to run for re-election in 2024 because the 2022 elections were illegitimate due to the unconstitutional maps that lacked contiguity.
- 50 of the 99 Assembly Districts allegedly have contiguity issues.
- 20 of the 33 Senate Districts allegedly have contiguity issues.
- Expedite this ruling process by avoiding the normal legal process of circuit courts and appellate courts to fast-track approval by the Wisconsin Supreme Court.
- Maps abuse gerrymandering by republicans.
- Separation of Powers violated by republicans.
- Maps must be fairer and more equitable for the election of democrats compared to republicans.
The Wisconsin Supreme Court issued a nearly immediate ruling on December 22, 2023, that Wisconsin’s Legislative Maps are unconstitutional due to contiguity issues involving “islands” or “detached areas” in some Assembly Districts and that these “islands” and “detached areas” would have to immediately be addressed by the Legislature, the Governor’s Office, the Petitioners and Consultants.
The established timeframe and partial summary of the rulings by the Court involving the “contiguity” concerns are as follows:
- Democrat petitioner’s request to order all legislators to run for re-election in 2024 is denied. Only those Legislators up for re-election in 2024 will have to run.
- The 4 liberal justices suggest that if the Legislature “fixes” the contiguity issues that they (Court) won’t get involved.
- The 4 liberal justices denied petitioner’s claim (liberal democrats) of gerrymandering by republicans.
- The 4 liberal justices admit the Legislature is constitutionally required to draw the Legislative Maps.
- The 4 liberal justices order maps must comply with state and federal election laws (Equal Protection Clause and Voting Rights Act of 1965).
- The 4 liberal justices will avoid approving remedial maps that favor one political party.
- The 4 liberal justices will consider other traditional districting criteria not in the US or Wisconsin Constitution.
- The 4 liberal justices will hesitate to consider “least change” approach even though it is widely and commonly accepted across America to minimize confusion and disruption for electors while actually addressing any concerns involving Legislative Maps.
- The 4 liberal justices admit minor exceptions may come into play regarding the contiguity issue that may still involve “islands” and or “detached areas”.
- The 4 liberal justices order the Assembly Districts must abide by the population equality guidelines (about 59,000 each district) with acceptable minor deviations as described the Legislative Reference Bureau (LRB) in 2021.
- The 4 liberal justices admit the Governor’s Office needs to sign off on the Legislative Maps.
- The 4 liberal justices have implemented a plan that will work simultaneously while the Legislature considers what they will do.
- The 4 liberal justices have ordered the maps from all parties to be submitted by January 12, 2024, with supporting arguments due by January 26, 2024.
- The 4 liberal justices have ordered reports from the consultants to be submitted by February 1, 2024, with responses due by February 8, 2024.
- The 4 liberal justices have hired 2 “map masters” to assist and oversee the process of the Legislative Maps in Professor Jonathan Cervas, Carnegie Mellon University in Pittsburgh (click here – Jonathan Cervas | Political Science, Carnegie Mellon University) and Professor Bernard Grofman, UC Irvine (click here – Bernard Grofman (uci.edu)).
- The 4 liberal justices will release the maps in late February or early March 2024.
- WEC has requested new maps by March 15, 2024.
This ruling involves a lot of legal speak (i.e. judicial estoppel, prejudice, elements of laches, unreasonable delay, stare decisis, one man, one vote, etc.), but none of that really matters when a person cuts through the deliberate smokescreen and fog. It’s just noise in an apparent effort to distract, deceive and dilute the real reason for the ruling.
A review of the so-called “municipal islands” or “detached areas” that the 4 liberal justices point to actually turn out to show that only 5% of the roughly 200 municipal islands identified by the 4 liberal justices in the Assembly Districts do not have any population in them. If they do, it might be about 100 people and not all of them are old enough to vote or are even registered to vote.
It is hoped that the Republican controlled Legislature will immediately put this silliness and apparent attack on our constitution right back into the laps of the progressive liberals who brought the suit and the Governor’s Office as ordered by the Wisconsin Supreme Court to fix the contiguity issue in some of these districts.
Realizing that democrats will be democrats, they will probably move the goal post like Lucy always used to do to Charlie Brown.
It appears that this ruling by the Wisconsin Supreme Court is turning out to be more about who will get Wisconsin’s 10 Electoral College Votes and not the constitutionality of the Wisconsin’s Legislative Maps.
Democrats know there is no pathway to the presidency in 2024 unless it includes Wisconsin’s 10 Electoral College Votes.
Wisconsin allegedly processed 1.957 million +/- absentee ballots during the 2020 Presidential Election with only 4,270 of those ballots being rejected for missing statutory required information or a .002% rejection rate. The normal accepted absentee ballot rejection rate is between 2%-3% across America during elections.
With all statewide precincts having reported their results and with President Trump comfortably leading by approximately 110,000 votes, the “missing” flash drive was found at 3:26 A.M. with the non-tabulated absentee ballots.
In an 18-minute period during the wee-hours of the morning on November 4, 2020, President Trump went from comfortably being ahead by approximately 130,000 votes when the “missing” flash drive began its tabulation only to learn that when all of the absentee ballots were tabulated, that President Trump ended up being behind by 20,682 votes.
What can the average person do to help fix the contiguity issues that supposedly involves “municipal islands” or “detached areas”?
Please consider contacting your State Representative and State Senator as follows to encourage them to get ahead of this Wisconsin Supreme Court Ruling that appears to be designed to potentially heist Wisconsin’s 10 Electoral College Votes in 2024 before it’s too late:
Wisconsin’s electors deserve better than this constant filing of lawsuits when democrats don’t get their way.
Hopefully, the United States Supreme Court doesn’t have to get involved in, yet another mess created by the democrats in Wisconsin, but if they have to, so be it. This childish and immature behavior by democrats needs to be placed on the ash heap of history where it belongs to preserve and protect our constitutional representative republic.