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WILL's Rick Esenberg explains why redistricting case is appealed to U.S. Supreme Court

Gov. Evers' new Assembly map for the Milwaukee area.
Thomas M. Bryan
/
Demographer’s Reports
Gov. Evers' new Assembly map for the Milwaukee area.

Republicans have filed their appeal with the U.S. Supreme Court , asking the justices to quickly block a Wisconsin Supreme Court ruling last week that accepted redistricting maps submitted by Democratic Gov. Tony Evers. The GOP has also asked the state court to put its decision on hold while waiting for a decision from the U.S. court.

A lawyer for Republican state lawmakers declined to be interviewed about Monday's filings. But the president of the conservative Milwaukee law firm Wisconsin Institute for Law and Liberty agreed to talk. Rick Esenberg has joined the appeal, representing a small group of voters opposed to the governor's maps.

Esenberg says the maps violate the 14th Amendment to the Constitution because Evers altered a half dozen Milwaukee state Assembly districts to create a seventh one with a majority of Black voters.

"One of the things the 14th Amendment is designed to ensure is the government not make decisions based upon race, except in the most extreme circumstances. And here, district lines were drawn in the Milwaukee area on the basis of race without an adequate justification," Esenberg tells WUWM.

Last week, the state Supreme Court ruled that the Evers maps meant the least amount of change for voters this summer and fall. Proposed Republican maps would reduce the number of majority Black or Latino districts in Milwaukee, and likely statewide, give the GOP the chance to pick up enough seats to not only keep their current legislative majorities but perhaps gain enough seats to be able to override gubernatorial vetoes.

Esenberg says he hopes the U.S. Supreme Court acts quickly on the Republicans request because candidates need to file nomination papers soon.

"There is some time left, but not a lot of time left. So, it could be the U.S. Supreme Court will see if the Wisconsin Supreme Court stays its order. But I don't think it can wait very long, and I don't think it will," he says.

Wisconsin Gov. Tony Evers speaks Monday in Madison.
screen grab from wiseye.org
Wisconsin Gov. Tony Evers speaks Monday in Madison.

Evers defended the Democrats maps Monday at a Madison news conference carried on WisconsinEye.

"The fact of the matter is it passed 4 to 3 in the Wisconsin Supreme Court. There was not politics involved. We're just trying to make sure that votes count in this state. This is one way we're able to do that," Evers told reporters.

The state justices have given opponents of putting last week's decision on hold until midday Wednesday to respond to the GOP's motion. The court wrote, "Requests for additional briefing or extensions will be viewed with disfavor."

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