On Tuesday, Oct. 3, the Supreme Court heard oral arguments in Gill v. Whitford, the legal challenge to Wisconsin Republicans’ redistricting map brought by Democratic voters against officials of the Wisconsin Elections Commission.
In their questioning, Chief Justice John Roberts and Justices Samuel Alito and Neil Gorsuch suggested the challengers may not have legal standing in their case against the Republicans’ map. Justice Clarence Thomas is expected to side with these more conservative members of the Court. On the other hand, Justices Elena Kagan, Sonia Sotomayor, and Ruth Bader Ginsberg seemed to side with the challengers. Liberal Justice Stephen Breyer is also expected to side with the challengers, leaving Justice Anthony Kennedy with the deciding vote.
The Court agreed to hear Gill v. Whitford in June and voted to grant Attorney General Brad Schimel’s request to stay the lower court’s order requiring a timely redrawing of the Assembly district map. Schimel filed the state’s opening brief with the U.S. Supreme Court in late July.