Republicans have effectively had unbreakable control of the Wisconsin state legislature for more than a decade. And now they have a plan that could entrench their rule forever.
The state’s legislature is so aggressively gerrymandered that it is likely impossible for Republicans to lose control of it in an election. In 2018, for example, Democratic state assembly candidates received 54 percent of the popular vote in Wisconsin, but Republicans still won 63 of the assembly’s 99 seats.
There is, however, a light at the end of this tunnel both for small-d democrats and for large-D Democrats in the notoriously contentious swing state. Last April, Justice Janet Protasiewicz won a landslide election victory over a former, very conservative state justice. She took her seat at the beginning of August, giving Democrats a 4-3 majority on the state supreme court. (Technically, supreme court races in Wisconsin are nonpartisan, but every recent race has pitted a liberal supported by Democrats against a conservative supported by Republicans.)
Litigants challenging the gerrymandered state legislature filed a lawsuit, known as Clarke v. Wisconsin Elections Commission, the very next day.
A quirk in the state constitution, however, may allow Wisconsin’s gerrymandered legislature to strip Protasiewicz of her ability to decide cases, and to do so indefinitely. That would leave the state supreme court evenly divided between Democrats and Republicans, and thus unable (or, at least, unwilling) to strike down the state’s gerrymander.
According to the New York Times, “Republicans in Wisconsin are coalescing around the prospect of impeaching” Protasiewicz. If the state assembly moved forward with impeachment, and then the gerrymandered state Senate convicted her, that wouldn’t actually be that big of a deal. Democratic Gov. Tony Evers could immediately appoint a replacement justice, who would then provide the fourth vote to strike down the gerrymandered maps.
But the…
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