Barb Caffrey's Blog

Writing the Elfyverse . . . and beyond

Surprise! Federal Judges Want Rs to Redraw WI District Maps

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Folks, even I didn’t see this one coming.

The Milwaukee Journal-Sentinel, at this link, reports that the three-judge panel from the United States District Court (Eastern District of Wisconsin) has asked the Wisconsin Legislature (thus in actuality, the Wisconsin Republican Party as all three branches of government in Wisconsin are currently controlled by the GOP) to “consider re-drawing” the district maps that are currently in dispute by taking into account the problems Latinos and the Democratic Party have with the maps and fixing the problems accordingly.

The Journal-Sentinel reports:

The court gave the Legislature until 5:30 p.m. Tuesday to decide whether it wants to revisit the maps it approved last summer. If it does not, the trial challenging the maps will resume Wednesday. If lawmakers agree to take up the maps anew, the court would give them until mid-March to approve them.

Apparently the reason the judges want the Legislature to re-draw the maps (rather than go to trial) is because they honestly feel that the Legislature should draw the maps — just, perhaps, not these maps.  (Or in science-fictional terms, “These aren’t the maps you’re looking for.  Move along.”)

Here’s more from the article that discusses what presiding judge J.P. Stadtmueller thinks:

At the opening of trial, presiding Judge J.P. Stadtmueller said drawing district lines is the purview of lawmakers, and it would be best for them to put those lines into law. However, he said, the plaintiffs have raised significant issues, particularly on the treatment of Latino areas and in the way it moved hundreds of thousands of people into new districts. He said legislators should consider setting new maps with those concerns in mind.

Next is my favorite part of the article:

Stadtmueller and the others on the panel have repeatedly criticized Republican lawmakers for being overly secretive in how they drew the maps. Almost all lawmakers signed secrecy agreements about the maps and they tried repeatedly to prevent their aides from having to testify or produce documents. Those attempts were unsuccessful, and last month the panel ordered the Republicans’ attorneys to pay the other side $17,500 for filing frivolous motions.

Note that Stadtmueller said that the “one-day pause” should not be taken as an indication of how the three-judge panel will rule — but then again, does it really need to be, considering the fact that on four prior occasions, the three-judge panel has heavily chastised the Wisconsin Rs for backroom shenanigans and an absolute lack of transparency?

My take on this is simple: if the judges didn’t believe there were grounds to strike down these maps — and good grounds, at that — they wouldn’t have made this extraordinary offer to the Wisconsin Rs.  Because the offer basically says this: “Fix the maps on your own.  Or we’ll likely end up fixing them for you.”

The entirety of the Wisconsin Legislature, along with Governor Scott Walker (R), now have until 5:30 p.m. CST to make a decision as to whether or not they’re willing to re-visit these maps and attempt to re-draw them in a way that the court is likely to approve.

If I had to guess at what the Wisconsin Rs are going to do, though, my guess is this: they won’t re-draw the maps.  They’ll instead go back into court tomorrow, and try to impugn the three-judge panel on every media station that will allow them to do so within the state of Wisconsin (and probably on national cable such as Fox News, too, no doubt) because somehow, these three judges will be seen as “activist liberal judges” who just want to cause trouble for the Rs because the Rs are sweet, innocent, and completely in the right in every way, shape, or form.  The fact that two of these three judges were appointed by Republican Presidents, mind you, will go completely by the boards when it comes to the media, but I can assure you that the judges themselves know full well who appointed them, and why. 

This is why if I were a Republican, I’d be calling my legislators — and the Governor, too, no doubt — and urging them to take this deal before it’s too late.  Otherwise, the judges will not be pleased . . . and my best guess after that, considering all the chicanery that’s gone on over the past year-plus since Scott Walker and the R-dominated Legislature came to power, is that the GOP will end up getting its comeuppance in a way that party had never foreseen — otherwise known as, “By their fruits, ye shall know them.”

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Written by Barb Caffrey

February 21, 2012 at 3:19 pm

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