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Wisconsin Legislature v. Wisconsin Elections Commission

Emergency application for stay granted on March 23, 2022

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Docket No. Op. Below Argument Opinion Vote Author Term
21A471 Wis. Not Argued Mar 23, 2022 N/A Per Curiam OT 2021

Holding: In adopting the Wisconsin governor's proposed redistricting plan, which increases the number of majority-Black Assembly districts, the Wisconsin Supreme Court committed legal error by failing to properly apply strict scrutiny to determine whether the state's race-based sorting of voters is narrowly tailored to comply with the Voting Rights Act.

Judgment: Reversed and remanded in a per curiam opinion on March 23, 2022. Justice Sotomayor filed a dissenting opinion, in which Justice Kagan joined.

DateProceedings and Orders (key to color coding)
Mar 07 2022Application (21A471) for a stay and injunctive relief pending appeal, submitted to Justice Barrett.
Mar 07 2022Letter of March 7, 2022 from counsel for applicants filed.
Mar 07 2022Response to application (21A471) requested by Justice Barrett, due by 5 p.m. on Friday, March 11, 2022.
Mar 10 2022Letter of March 10, 2022 from counsel for applicants filed.
Mar 11 2022Response to application from respondents Wisconsin Elections Commission, et al. filed.
Mar 11 2022Response to application from Hunter Respondents filed.
Mar 11 2022Response to application from respondents Black Leaders Organizing for Communities, et al. filed.
Mar 11 2022Response to application from respondent Janet Bewley, State Senate Democratic Minority Leader filed.
Mar 11 2022Response to application from respondent Governor Tony Evers filed.
Mar 11 2022Response to application from respondents Gary Krenz, et al. filed.
Mar 11 2022Motion for Leave to File an Amicus Brief filed by Senator Lena C. Taylor.
Mar 11 2022Motion for Leave to File Brief of Amicus Curiae filed by Ron Hoff.
Mar 12 2022Reply of applicants Wisconsin Legislature, et al. filed.
Mar 23 2022Application (21A471) referred to the Court.
Mar 23 2022Application (21A471) granted by the Court. The application for stay presented to Justice Barrett and by her referred to the Court is construed as a petition for certiorari and the petition for a writ of certiorari is granted, the imposition of the Governor’s State Assembly and Senate maps is reversed, and the case is remanded to the Wisconsin Supreme Court for proceedings not inconsistent with the opinion of the Court. Opinion per curiam. Justice Sotomayor, with whom Justice Kagan joins, dissenting. (Detached Opinion)
Apr 25 2022MANDATE ISSUED.
Apr 25 2022JUDGMENT ISSUED.