Read on PBS NewsWisconsin Redistricting Lawsuits Unlikely to Impact 2026 Midterms
Two significant lawsuits challenging Wisconsin's Republican-favored congressional maps are progressing through the courts, but legal timelines suggest they will not be resolved in time to affect the 2026 midterm elections. Despite arguments from Democratic attorneys for expedited rulings, judicial panels appear inclined toward a more deliberate schedule, with potential trial dates set for 2027. This article examines the legal arguments, the new three-judge panel process, and the political implications for Wisconsin's eight congressional districts.
The battle over Wisconsin's congressional district lines has entered a critical, yet protracted, legal phase. Two separate lawsuits, both aiming to dismantle maps that currently favor Republican candidates, are navigating a complex judicial process that is now expected to conclude after the 2026 midterm elections. This timeline persists despite vigorous arguments from plaintiffs' attorneys who contended in court on December 12, 2025, that there was still a narrow window to implement new boundaries for the November 2026 vote. The unfolding legal drama underscores the high-stakes nature of redistricting in a perennial swing state and highlights the procedural innovations being tested under a 2011 state law.
The Core Legal Challenges
The two lawsuits, heard just hours apart in the same Madison courthouse, present distinct constitutional arguments against the current congressional map. The first case, filed by Democratic voters represented by the Elias Law Group, alleges that the maps constitute unlawful discrimination against Democrats. The plaintiffs argue the lines strategically "pack" a large number of Democratic voters into two districts while "cracking" other Democratic-leaning areas across the remaining six districts, thereby diluting their electoral influence. Attorney Julie Zuckerbrod argued for the three-judge panel to issue a ruling by approximately March 1, 2026, to meet the Wisconsin Elections Commission's deadline for implementing new maps.
The second lawsuit, brought by the bipartisan coalition Wisconsin Business Leaders for Democracy, takes a different tack. It contends the maps are an unconstitutional "anti-competitive gerrymander." The suit points to a median victory margin of nearly 30 percentage points across all eight districts since the maps were enacted, arguing this extreme lack of competition violates the state constitution. As noted in the lawsuit summary, "In a 50-50 state, it makes no sense that 75% of Wisconsin seats in the House of Representatives are controlled by one party."
The Judicial Process and Timeline
A significant procedural development is the use of newly assigned three-judge panels to hear these cases, a first under a 2011 law passed by Wisconsin Republicans. The Wisconsin Supreme Court, now controlled 4-3 by liberal justices, ordered this approach last month over Republican objections. During the hearings, the judicial panels exhibited caution regarding expedited schedules. Dane County Circuit Judge Julie Genovese responded to pressure for a swift ruling by stating, "We’ll decide them when we can decide them," referring to pending motions.
Attorneys for Wisconsin's six Republican congressmen advocated for a much slower timeline, proposing a schedule that would not reach trial until March 2027. Kevin LeRoy, representing the congressmen, argued that "seeking relief in time for the 2026 election would be unfair." The panel hearing the business leaders' case tentatively set a potential trial date for April 5, 2027, contingent on the case surviving a motion to dismiss. Both panels plan to decide early next year whether to dismiss the cases or rule for the plaintiffs without further argument. Any final ruling on the merits can be appealed directly to the Wisconsin Supreme Court.
Political Context and National Implications
These Wisconsin lawsuits are part of a broader national redistricting battle as former President Donald Trump works to preserve a slim Republican majority in the U.S. House. The hearings occurred just one day after Indiana Republicans rejected Trump's demand to redraw congressional lines in their state. Wisconsin's current congressional map, based on boundaries drawn by Republicans in 2011, was approved by the state Supreme Court when it had a conservative majority and was allowed to stand by the U.S. Supreme Court in March 2022.
The map's impact is clear in the state's congressional delegation. In 2010, prior to the redistricting, Democrats held five of Wisconsin's eight U.S. House seats compared to three for Republicans. Today, that ratio is reversed, with Republicans holding six seats. Only two districts—the 1st District held by Rep. Bryan Steil and the 3rd District held by Rep. Derrick Van Orden—are considered competitive. Van Orden's seat, which he won after longtime Democratic Rep. Ron Kind retired, is a top target for Democrats in future elections.
As the legal process unfolds on a timeline extending beyond 2026, the immediate political landscape in Wisconsin will remain unchanged for the next congressional election. The lawsuits represent a long-term strategy to reshape the state's electoral geography, with outcomes that could eventually alter the balance of power in a critical battleground state.
