The Republican legislators seeking to keep their electoral advantage by maintaining the state's gerrymandered political maps asked the state Supreme Court this week to dismiss efforts to redraw those maps.
The legislators — State Senators Rachael Cabral-Guevara (R-Appleton), Rob Hutton (R-Brookfield), Andre Jacque (R-DePere), John Jagler (R-Watertown), Jesse James (R-Altoona), Chris Kapenga (R-Delafield), Chris Kapenga (R-Oostburg), Devin LeMahieu (R-Oosburg), Howard Marklein (R-Spring Green), Steve Nass (R-Whitewater), Romaine Robert Quinn (R-Cameron), Cory Tomczyk (R-Mosinee), and Van H. Wanggaard (R-Racine) — are seeking to raise and preserve their arguments for later legal battles.
As 11 attorneys explain in a footnote in a supporting memorandum:
In this original action, Respondents must have an opportunity to raise and preserve their affirmative defenses and seek dismissal of Petitioners’ action, no different than if Petitioners had filed this action in the circuit court. The Legislature and Respondent Senators have raised some of those defenses in their opening brief to the extent possible within the Court’s 10-day briefing schedule — half of those days falling on weekends and a federal holiday — and word limits. In accordance with Wis. Stat. §802.06, the Legislature and Respondent Senators also raise and preserve those defenses in this brief in support of their motion to dismiss.
The legislators list three theories in support of their motion:
Those seeking a new redistricting plan lack standing to pursue their claims. "Petitioners have not established any personal stake in this controversy and allege only generalized grievances," according to the motion.
The arguments should not be allowed because the issues have already been decided and the petioners' action is untimely.
Their is no legal basis for the petitioners' requested relief.
The motion filed in 2023AP1399, Rebecca Clarke v Wisconsin Elections Commission, is here.
The supporting memorandum is here.
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