MADISON, Wis. – A three-judge panel in Wisconsin on Tuesday dismissed a lawsuit brought by Democratic voters that sought to redraw the battleground state's Republican-friendly congressional boundary lines ahead of the November midterm election.
The decision can be appealed to the liberal-controlled Wisconsin Supreme Court, but it's unclear whether it could rule in time to affect the election this year. There is a second lawsuit pending that also seeks to redraw the state's congressional districts, but it isn't slated to go to trial until April 2027.
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Both lawsuits were filed as President Donald Trump wages a national redistricting battle in an effort to preserve the Republicans' slim House majority in November.
The three-judge panel said in its ruling that it has “no basis to find the current congressional map invalid.” The case must be dismissed, the judges said, because only the Wisconsin Supreme Court can determine whether the maps should be redrawn.
But in dismissing the lawsuit, the panel made clear that it was “not endorsing the current congressional map.”
“Rather, we, as circuit court judges, do not have the authority to read into a Wisconsin Supreme Court case an analysis that it does not contain,” the judges ruled.
However, the judges said they “stand ready” to engage in any fact-finding the state Supreme Court might order later.
Republicans praised the ruling.
“This is a significant win for Republicans and a yet another blow to desperate Democrats who wanted to reshape the electoral landscape,” said Zach Bannon, spokesperson for the National Republican Congressional Committee. “By keeping Wisconsin’s current district lines in place for 2026, Republicans are in a strong position to build on our momentum to retain and grow our House majority.”
The Wisconsin Supreme Court in November ordered that the redistricting cases be first heard by the three-judge panel over objections from Republicans. It marked the first time that process has been used under a 2011 law enacted by Republicans.
The lawsuit that was dismissed argued that the current maps discriminate against Democrats. They do so by packing a substantial number of Democrats into two districts while breaking up other Democratic areas into six Republican-favorable districts, the lawsuit argued. They also argued that the Wisconsin Supreme Court violated the constitutional separation of powers provision when adopting the most recent map.
In 2010, the year before Republicans redrew the congressional maps, Democrats held five seats compared with three for Republicans. Republicans hold six of the state’s eight House seats, but only two are considered competitive.
The current congressional maps, which were based on the ones drawn in 2010, were approved by the state Supreme Court when it was controlled by conservative judges. The U.S. Supreme Court in March 2022 declined to block the maps from taking effect.
A top target for Democrats is the western Wisconsin seat held by Republican Rep. Derrick Van Orden, a vocal Trump supporter. He won in 2022 after longtime Democratic Rep. Ron Kind retired. Van Orden won reelection in the 3rd District in 2024.
The other seat Democrats hope to make more competitive is southeastern Wisconsin’s 1st District, which Republican Rep. Bryan Steil has held since 2019. The latest maps made that district more competitive while still favoring Republicans.
The dismissed lawsuit was brought on behalf of 11 voters by Elias Law Group. Attorneys with the liberal law firm did not immediately reply to a message seeking comment. Attorneys for Wisconsin's six Republican members of Congress who sought the dismissal had no immediate comment.
The lawsuit scheduled to go to trial next year was brought by a bipartisan coalition of business leaders. There is also a pending motion to dismiss that case.
The Wisconsin Business Leaders for Democracy argues in its lawsuit that Wisconsin’s congressional maps are unconstitutional because they are an anti-competitive gerrymander. The lawsuit notes that the median margin of victory for candidates in the eight districts since the maps were enacted is close to 30 percentage points.