July 8, 2025

In a surprising turn of events, the Wisconsin state Supreme Court justices yesterday announced that the panel will not hear the Democratic cases that were petitioning for a re-drawing of the state’s congressional districts.

Before the 2024 election, the Badger State high court ordered changes for the state Assembly and Senate boundaries but simultaneously refused to alter the congressional map. Considering that at least two of the justices said during their respective campaigns that the congressional map should be re-drawn, the 2023 pronouncement was eyebrow raising. The same decision yesterday from a slightly different 4D-3R court came as a shock to most.

Texas Gov. Greg Abbott (R) has called his state legislature into a late July special session, and it is presumed he will add the congressional redistricting issue to the extraordinary session agenda. Ohio, as their state law mandates, also must re-draw its congressional map, and a US Supreme Court ruling before the end of this month may result in the Louisiana congressional map being reconstructed.

All of this judicial action likely favoring Republicans at least to a degree, seemed to bolster the chances of Wisconsin also reconfiguring its eight-district federal plan as the Democrats wished.

Seven-term US Rep. Mark Pocan (D-Town of Vermont/Madison) summed up the feeling of many Democrats when he said to an Associated Press reporter in response to the court’s announcement that, “it’s good that Wisconsin has fair maps at the state level, but we deserve them at the federal level as well. Unfortunately, gerrymandered maps for members of Congress will remain in Wisconsin.”

Democrats such as Rep. Pocan believe the map is out of balance from a partisan perspective because a domain that typically returns very close statewide election results yields a 6R-2D congressional map. They proclaim, according to the AP story, that the congressional map “violates the state constitution’s requirement that all Wisconsin residents be treated equally.”

This partisan gerrymandering argument has rarely succeeded because the claimants suggest that people who voluntarily join a political party should be given the same civil rights protections that minority groups enjoy.

The rejoinder argument is that two of the six Wisconsin Republican seats are highly competitive. Rep. Bryan Steil’s (R-Janesville) southeastern 1st District carries a partisan lean of 49.4R – 48.3D according to the Dave’s Redistricting App statisticians, but the Congressman has won twice under this district configuration with a pair of 54% victories.

In the state’s western 3rd District that Democrat Ron Kind represented for 26 years before Republican Derrick Van Orden (R-Prairie du Chien/La Crosse) won the seat in a 2022 open contest, saw the new incumbent scoring successively tight 51.3 and 51.8% victories to flip the seat. Dave’s Redistricting App calculates the 3rd District partisan lean at 48.9D – 48.5R. Thus, the Democrats’ argument that these two districts are gerrymandered Republican seats has been hard to sell.

Despite the Wisconsin map not being re-drawn, we can expect to again see hard fought campaigns in Districts 1 and 3, and each could flip. Democrats may have a harder time finding a strong candidate to oppose Rep. Steil because he has already beaten some of the top Democrats in the region as was the case in November when he turned back former US Representative Peter Barca, but the district can still go either way.

The candidate story is different in District 3. In 2024, businesswoman Rebecca Cooke (D) came within 2.7 percentage points of upsetting Rep. Van Orden. She will face Democratic primary competition in 2026 from Eau Claire City Council President Emily Berge and Eau Claire City Councilwoman Laura Benjamin so her path to renomination must overcome partisan obstacles.

Ms. Cooke, however, now armed with such diverse ideological Democratic endorsements from the House Blue Dog PAC, which is the more moderate internal party organization, and Sen. Bernie Sanders (I-VT) from the far left faction, still must be considered the presumed favorite for the Democratic nomination.

Redistricting notwithstanding, Wisconsin will be an important US House battleground state in 2026. Republicans, however, are now breathing a sigh of relief while Democrats are expressing continued disappointment at the state Supreme Court’s most recent redistricting action.