Wisconsin Legislaturev.Wisconsin Elections Commission
The Wisconsin Supreme Court selected new state legislative district maps in an original malapportionment action. The Governor’s Assembly map created seven majority-Black districts, and the state court accepted the additional district based on the possibility that the Voting Rights Act required it. The Wisconsin Legislature and other applicants asked the Supreme Court to stay or reverse that decision. The Supreme Court reversed and remanded. It held that the state court misapplied the relationship between the Equal Protection Clause and the Voting Rights Act. A districting plan that classifies voters by race must satisfy strict scrutiny, and a court may not rely on an unproven or speculative need for an additional majority-minority district. The Supreme Court directed further proceedings consistent with its opinion but did not itself select replacement maps. Justice Sotomayor dissented, arguing that the Court’s summary intervention was unnecessary and that the Wisconsin court had properly preserved the possibility of a later challenge in the appropriate forum.
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