MADISON, Wis. (AP) — Five of Wisconsin’s Republican members of Congress, along with the GOP-controlled Legislature, are calling on the state Supreme Court’s new liberal member not to hear a redistricting process which seeks to redraw the congressional maps before the November elections.
The court has not yet decided whether or not it will hear the case filed this month by Elias Law Group, a Democratic law firm based in the nation’s capital. The court has already struck down state legislative maps drawn by Republicans and is in the process of determining what the new lines will be.
The new lawsuit argues that decision last month ordering new state legislative maps opens the door to the latest challenge focused on congressional lines.
Republicans demanded justice in this case Janet Protasiewicz to recuse herself, based on comments she made during her campaign calling the legislative maps “rigged” and “unfair.” She refused to withdraw and was part of the 4-3 majority in December that ordered new cards.
Today, Republicans are making similar arguments asking him not to hear Congress’ challenge to redistricting. In a motion filed Monday, they argued that his comments critical of Republican maps required him to step down in order to avoid a violation of the U.S. Constitution. They also cite the nearly $10 million his campaign received from the Wisconsin Democratic Party.
“A judge cannot decide a case about which he or she has prejudged or where his or her participation creates a serious risk of actual bias,” Republicans argued in the motion. “Judge Protasiewicz’s public campaign statements establish a constitutionally intolerable risk that she may have prejudged the merits of this case. .”
Protasiewicz rejected similar arguments in the state legislative redistricting case, saying in October that the law did not require him to recuse himself from that case.
“Recusal decisions are controlled by law,” Protasiewicz wrote at the time. “It’s not about…