No. 21-474

In Re Wisconsin Legislature

Lower Court: N/A
Docketed: 2021-09-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: article-iii census census-data comity federal-court-jurisdiction federalism judicial-power redistricting state-law state-legislature
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (from Petition)

(1) Does a federal court clearly and indisputably transgress its Article III judicial power by exercising jurisdiction over a redistricting dispute challenging old districts based on new census data, when the State is actively redrawing those old districts based on that new census data as required by state law?

(2) Does a federal court clearly and indisputably transgress its Article III judicial power, as well as principles of federalism and comity, when it refuses to defer consideration of a redistricting dispute to the legislature and state supreme court on the assumption that multiple branches of state government will fail to timely redistrict?

Question Presented (AI Summary)

Does a federal court clearly and indisputably transgress its Article III judicial power by exercising jurisdiction over a redistricting dispute challenging old districts based on new census data, when the State is actively redrawing those old districts based on that new census data as required by state law?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-16
DISTRIBUTED for Conference of 12/3/2021.
2021-10-28
Brief of respondents Billie Johnson, Eric O'Keefe, Ed Perkins, and Ronald Zahn in opposition filed.
2021-10-28
Brief of respondents Lisa Hunter, Jacob Zabel, Jennifer Oh, John Persa, Geraldine Schertz, and Kathleen Qualheim in opposition filed.
2021-10-25
Brief of respondents Black Leaders Organizing for Communities, et al. in opposition filed.
2021-09-24
Petition for a writ of mandamus and/or prohibition filed. (Response due October 28, 2021)

Attorneys

Billie Johnson, Eric O'Keefe, Ed Perkins, and Ronald Zahn
Richard Michael EsenbergWisconsin Institute for Law & Liberty, Respondent
Black Leaders Organizing for Communities, et al.
Paul March SmithCampaign Legal Center, Respondent
In re Wisconsin Legislature
Adam Karl MortaraLawfair LLC, Petitioner
Lisa Hunter, Jacob Zabel, Jennifer Oh, John Persa, Geraldine Schertz, and Kathleen Qualheim
Marc Erik EliasElias Law Group LLP, Respondent