Johnson v. Wisconsin Elections CommissionAnnotate this Case
The Supreme Court remedied a malapportionment in existing maps reflecting the legislative districts across the state, while ensuring the maps satisfy all other constitutional and statutory requirements, but held that claims of political unfairness in the maps present political questions, not legal ones.
In 2021, the Wisconsin legislature drew maps reflecting the legislative districts across the state, and the governor vetoed them. The parties agreed that the existing maps had become unconstitutional since they were enacted into law in 2011. Petitioners filed a petition for leave to commence an original action in the Supreme Court asking it to declare the existing maps in violation of Wis. Const. art. IV, 3 and requesting a mandatory injunction remedying the unconstitutional plans. The Supreme Court held (1) this Court will remedy the fact that the maps no longer comply with the constitutional requirement of an equal number of citizens in each legislative district, due to shifts in population across the state; but (2) claims of political fairness in the maps present political questions that must be resolved through the political process and not by the judiciary.