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Daily Bread for 12.29.23: Procedures in the Wisconsin Supreme Court Ruling on Gerrymandering

 Good morning.

Friday in Whitewater will be cloudy with a high of 39. Sunrise is 7:25 and sunset 4:29 for 9h 04m 14s of daytime. The moon is a waning gibbous with 93.3% of its visible disk illuminated. 

On this day in 1812, the USS Constitution, under the command of Captain William Bainbridge, captures HMS Java off the coast of Brazil after a three-hour battle.


  On Wednesday, FREE WHITEWATER posted on A Story on Federal Review of Wisconsin’s Recent Gerrymandering Case. The Journal Sentinel story described avenues and prospects for federal review of Wisconsin’s high court decision. (See Republicans likely to take Wisconsin gerrymandering case back to the U.S. Supreme Court.

Two other recent stories describe the legal process the Wisconsin Supreme Court has ordered on redistricting. At the State Journal, Alexander Shur reports Who are the 2 referees the Wisconsin Supreme Court named to review new maps?:

When the Wisconsin Supreme Court last week ordered parties to a redistricting lawsuit to draw new legislative maps, it also named two referees to evaluate the maps’ adequacy.

The two consultants — University of California, Irvine political science professor Bernard Grofman and Carnegie Mellon University postdoctoral fellow Jonathan Cervas — may not be household names in Wisconsin, but they have played prominent roles in settling map disputes in other states.

In Wisconsin, they’ll weigh in on whether the maps abide by the court’s standard that any new maps contain equally populated districts; be bounded by county, precinct, ward or town lines; include only contiguous territory; be as compact as possible; and comply with federal law.

They’ll also assess whether the maps preserve communities of interest, reduce municipal splits and are drawn so that no party benefits more than the other.

On Tuesday, the consultants sent out a letter to parties in the case specifying how they will evaluate the proposed maps. They called for each party to note themselves when their proposed maps may go up against one of the Wisconsin Supreme Court’s proposed metrics, and said they’ll independently verify each claim.

The new maps must be submitted by Jan. 12, and the professors’ evaluations are due by Feb. 1.

Rich Kremer of WPR spoke with Morning Edition about the upcoming legal processes:

AC [Alex Crowe of Morning Edition]: There’s going to be a big fight now over drawing some new maps. With this ruling, are we going to get new maps right away before the election in 2024? What does that process look like?

RK [Rich Kremer of WPR]: The court didn’t immediately draw new legislative districts to replace those deemed unconstitutional, but like you said, they have to be in place prior to the 2024 elections. Justice Karofsky said she’s hopeful that the GOP-controlled Legislature and Democratic Gov. Tony Evers will agree on new maps.

In the meantime, they’re going to be proceeding toward adopting what they call remedial maps. What that means is in a separate court order, the majority laid out deadlines for maps and they appointed two national experts to oversee the process. Parties in the case have until Jan. 12 to submit remedial maps. These consultants have until Feb. 1 to file a report on the competing proposals.

The majority also said it will consider partisan impact when evaluating the remedial maps. But Assembly Speaker Robin Vos has said in recent months that the U.S. Supreme Court will have the last word on the redistricting litigation in Wisconsin. This week, he said the Legislature will pursue all federal issues arising out of the case. 

And so, and so — there are state processes certain to take place, and federal litigation likely to take place. 


Perseverance Rover Zooms in on Ancient Mars River:

After 1,000 Martian days of exploration, NASA’s Perseverance rover is studying rocks that show several eras in the history of a river delta billions of years old. Scientists are investigating this region of Mars, known as Jezero Crater, to see if they can find evidence of ancient life recorded in the rocks. Perseverance project scientist Ken Farley provides a guided tour of a richly detailed panorama of the rover’s location in November 2023, taken by the Mastcam-Z instrument.

Composed of 993 individual images and 2.38 billion pixels, this 360-degree mosaic looks in all directions from a location the rover science team calls “Airey Hill.” Portions of the rover itself are visible in the scene, appearing more distorted toward the edges as a result of the image processing.

A color enhancement applied to the image increases contrast and accentuates color differences. By approximating what the scene would look like under Earth-like lighting conditions, the adjustment allows mission scientists to use their everyday experience to interpret the landscape. The view on Mars would be darker and more reddish. The panorama can be explored and downloaded at: https://go.nasa.gov/3tmJnGB.

Daily Bread for 12.27.23: A Story on Federal Review of Wisconsin’s Recent Gerrymandering Case

 Good morning.

Wednesday in Whitewater will be partly cloudy with a high of 41. Sunrise is 7:24 and sunset 4:27 for 9h 03m 09s of daytime. The moon is a waning gibbous with 99.7% of its visible disk illuminated. 

On this day in 1929, Soviet General Secretary Stalin orders the “liquidation of the kulaks as a class” leading to a Soviet campaign of political repressions, including arrests, deportations, or executions of millions of kulaks (prosperous peasants) and their families. 


  Jessie Opoien and Molly Beck report in a general readership story that Republicans likely to take Wisconsin gerrymandering case back to the U.S. Supreme Court:

In order to get the U.S. Supreme Court to look at the case, the Legislature and its allies will need to make the argument that there was a violation of federal law. That’s because, explained Rob Yablon, University of Wisconsin Law School professor and co-director of the State Democracy Research Initiative, the core legal claim in the case — contiguity — is a matter of state law.

The case brought to the court argued the maps violate Wisconsin’s Constitution because some legislative districts include pieces of land that are not connected.

“The Wisconsin Supreme Court has the last word on state law questions,” Yablon said.

A request for the U.S. Supreme Court to weigh in on a state Supreme Court decision (or a federal appeals court decision) is known as a petition for certiorari, or cert petition. Under U.S. Supreme Court rules, four of nine justices must vote to accept such a case.

“(The majority) did a really intentional job of sticking to very narrow state constitutional issues, which has the effect of insulating a lot of the decision from U.S. Supreme Court review,” said Daniel Suhr, a Republican attorney who served in former Gov. Scott Walker’s administration. “When a case is decided on only state constitutional grounds, there’s not a U.S. constitutional hook for the Supreme Court to rely on in intervening.”

In their story, Opoien and Beck consider two principal arguments for federal intervention (Protasiewicz’s participation in the Wisconsin decision and if any new maps have an unlawful racial bias) but report through interviewed experts that both lines of argument have uncertain prospects. 

In any event, while it’s four to take the case, it’s five to overturn on federal grounds.


What ChatGPT is and what it’s not: A three-minute guide:

Daily Bread for 8.14.23: Two Wisconsin Congressmen Beg Court on Behalf of Their Donors

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Daily Bread for 6.6.23: How Influential Will Janet Protasiewicz’s Supreme Court Win Be?

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Daily Bread for 4.6.23: After the Spring Election in Whitewater

Good morning. Thursday in Whitewater will be partly sunny with a high of 50. Sunrise is 6:26 AM and sunset 7:27 PM for 13h 00m 18s of daytime. The moon is full with 99.9% of its visible disk illuminated. Whitewater’s Landmarks Commission meets at 6 PM, and the Whitewater Common Council  meets at 6:30 PM.…