A High-Stakes Election in the Midwest’s Democracy Desert – The New Yorker
Last month, Mary Lynne Donohue drove me along Superior Avenue, a long artery that runs across Sheboygan, Wisconsin, a small industrial city on Lake Michigan. We headed west from the lake, passing expansive, stately homes that grew more modest the farther we got from the water. You can see its exactly the same on both sides, Donohue said, gesturing at the houses lining the street. In 2011, Republicans redrew the states district maps, using Superior Avenue to cleave the Twenty-sixth Assembly District, which for decades had encompassed the entire cityand had been reliably Democratic. The new map kept homes to the south of Superior in the Twenty-sixth, but put those to the north into the Twenty-seventh, which used to comprise the rural, Republican areas around Sheboygan. In every subsequent election, Republicans have won both the Twenty-sixth and the Twenty-seventh.
About halfway through town, Donohue, a retired attorney who is the president of Sheboygans school board, abruptly turned the car north, up a small side street, and slowed down in front of a brown, ranch-style house. In 2011, the house belonged to Mike Endsley, a Republican who, the previous year, had won the Twenty-sixth in an upset. The boundary line drawn by the Republicans had jagged up from Superior to keep Endsleys house in the district.
Donohue parked, stood in front of the house, and shook her head. In the high philosophy of redistricting, one of the basic goals is to keep communities together, she said. Endsley retired almost a decade ago; now the two Assembly members and the state senator who represent the city all live in conservative hamlets outside it. Donohue went on, When you cut municipalities in half, that municipality no longer has its own voice. Its been taken away.
The 2011 maps had been drawn in secret, in a locked wing of a law firm across the street from the Wisconsin state capitol. The year before, Republicans had captured all branches of the states governmenta sweep carried out as part of REDMAP, a project promoted by Karl Rove to secure G.O.P. control of redistricting in swing states. After mapping dozens of possible scenarios, Republican legislative leaders settled on the most extreme partisan gerrymandering possible. Since then, they have never won fewer than sixty of the states ninety-nine Assembly seats, even when Democrats have won as much as fifty-three per cent of the aggregate statewide vote.
Donohue, who is seventy-three years old and has curly chestnut hair, grew up in Sheboygan. She has been a community-minded activist since high school, when she won the Young American Medal for Service, which L.B.J. put around her neck in a ceremony in Washington, D.C. After college, she and a friend took a ten-month trip across the country in a 1960 Volkswagen bus that they called the flying tomato, and then she applied to an auto-mechanics program at a technical college and to the University of Wisconsin Law School. She was rejected by the technical college but got accepted to law school. She eventually returned to Sheboygan to work on cases involving domestic-violence victims, tenant disputes, and disability benefits, among other things.
In 2015, Donohue and eleven other plaintiffs sued the state, alleging that the 2011 gerrymandering violated their constitutional rights. The plaintiffs won in federal court, scoring the first victory against partisan redistricting in three decadesuntil, on appeal, the U.S. Supreme Court threw out the case for lack of standing. (The Justices argued that plaintiffs were needed from each of Wisconsins ninety-nine Assembly districts.) I started to cry, Donohue said. You felt a sense of hopelessness. Nonetheless, in 2020, Donohue ran for the Twenty-sixth Assembly District seat. I couldnt leave it uncontested, she told me. Its like not showing up on the battlefield. She lost by eighteen points.
In 2021, the Republican-controlled state legislature and Tony Evers, Wisconsins Democratic governor, each proposed new maps, which are required by law every ten years. The Governors maps were based on models from a nonpartisan redistricting agency that he created. The Republicans reused the 2011 maps, with adjustments that minimized Democratic gains. A legal battle ensued, and, in November of that year, the Wisconsin Supreme Courts 43 conservative majority ruled, in a decision it described as apolitical, that the new maps should make the least change possible to the 2011 maps. In a dissent, Justice Rebecca Dallet called the ruling a striking blow to representative democracy in Wisconsin. The least-change approach, she wrote, perpetuates the partisan agenda of politicians no longer in power. Dallet noted that the least-change standard has no basis in the U.S. or Wisconsin constitutions. I believe in the separation of powers, Dallet told me, in her office in the state capitol. In order for that to function, you have to be able to have peoples votes count; one person, one vote has to mean something.
Evers went on to draw new maps based on the least-change standard, but added a seventh, majority-Black Assembly district in Milwaukee to reflect the growth in the citys Black population. Evers cited the need to satisfy Section 2 of the Voting Rights Act, which prohibits denying citizens equal access to the political process on the basis of race. The Wisconsin Supreme Court approved, with Justice Brian Hagedorn, a conservative, breaking from his colleagues to join the liberals. Republicans made an emergency appeal to the U.S. Supreme Court, arguing that Everss new maps, which modestly diminished their advantage, amounted to a 21st century racial gerrymander. The Court intervened through its so-called shadow docketwhich is used to issue unsigned opinions without hearings or briefingsto reject Everss maps and rebuke Hagedorns opinion. (This has widely been interpreted as a signal that the Court is prepared to gut Section 2, the last remaining effective part of the Voting Rights Act.) The case was sent back to Wisconsin, where Hagedorn reversed himself and endorsed the original maps proposed by the Republicans, entrenching their control, in theory, in perpetuity. In the next election, Republicans won a veto-proof supermajority in the State Senate and came within two seats of one in the Assembly.
On April 4th, Wisconsin will hold an election to replace Justice Patience Roggensack, a retiring conservative, which could upend the Courts ideological balance. Janet Protasiewicz, a circuit judge in Milwaukee, will face Daniel Kelly, a former state Supreme Court justice who was appointed by the former Republican governor Scott Walker, in 2016, to fill a vacancy. (In 2020, Kelly lost a bid for relection.) Already the most expensive judicial campaign in American history, the race is expected to cost more than forty million dollars, most of it spent by outside groups. (When Roggensack was elected, twenty years ago, outside spending totalled twenty-seven thousand dollars.) The outcome could reshape an institution that has helped transform Wisconsin into what the journalist David Daley calls a democracy deserta place where voters stand little chance of effecting political change. In its most recent biannual report, the Electoral Integrity Project, which measures the democratic attributes of electoral systems, gave Wisconsins district maps twenty-three points out of a hundred, the worst rating of any state in the country. The score is on par with that of the Democratic Republic of the Congo.
The media tends to focus on the federal judiciary, and particularly the U.S. Supreme Court, but state courts handle more than ninety per cent of cases in the American judicial system. The whole country was distracted, in some ways, by the successes of the Warren Court in the sixties, Jeff Mandell, a co-founder of Law Forward, a nonprofit progressive law firm in Madison, told me. You had organizations like the A.C.L.U. and others that were built up largely around going to federal court for relief. At some point, the right recognized that state courts can be much more powerful. Federal courts are courts of limited jurisdiction; they only hear certain kinds of cases. State courts can hear and decide anything. They also get a lot less attention, so they can radically change whats happening in a state or region of the country.
The U.S. is one of the only countries in the world to hold judicial elections, and these elections are increasingly dominated by dark-money groups. In 2014, the Republican State Leadership Committee launched a project called the Judicial Fairness Initiative, which focussed exclusively on winning state judicial elections. Last year, it backed winning conservative candidates for three Supreme Court seats in Ohio and one in North Carolina, flipping control of that Court in a change with enormous implications for abortion access and gerrymandering.
The Wisconsin Supreme Court has played a central role in an ongoing effort to overturn the states democratic norms. In 2015, the Court let stand one of the most restrictive voter-I.D. laws in the country. As a result, Wisconsin, which was once among the states where it was easiest to vote, is now ranked forty-seventh by the nonpartisan Cost of Voting Index. In a Facebook post, Todd Allbaugh, an aide to a Republican state senator, described a caucus meeting in which several Republican legislators were giddy over the voter-I.D. bills potential to suppress the votes of college students and minorities. Allbaugh quit the Party in protest.
That same year, the Court abruptly ended a criminal investigation regarding alleged cordination between Republicans and dark-money groups. It also issued an unprecedented order for prosecutors to destroy all the evidence that they had gathered. (A partial set of documents, leaked to the Guardian, revealed apparent quid-pro-quo payments, including seven hundred and fifty thousand dollars paid by the owner of a company that had manufactured lead paint to a conservative dark-money group in exchange for legislation granting legal immunity from lead-poisoning claims.) The conservative justices David Prosser and Michael Gableman refused to recuse themselves in the case, even though the groups being investigated had spent millions of dollars on their campaigns.
Since 2018, when Evers defeated Walker for the governorship, the Court has also played a decisive role in battles over the separation of powers. During the 2018 lame-duck session, the legislature stripped the governorship and the attorney generals office (which had also been won by a Democrat) of significant powers. The legislature also effectively created its own attorney generals office by giving itself the power to hire a special counsel, which it has used to file a bevy of lawsuits against Evers and other officials. In 2020, the Wisconsin Supreme Court overruled two lower-court opinions that said the lame-duck changes were unconstitutional.
More recently, the Court ruled that Fred Prehn, a Walker appointee to the board of the Department of Natural Resources, could stay on after his term expired, in May, 2021, until his replacement was confirmedeven though the legislature had refused to hold hearings on Everss nominee for the opening. Prehns extended tenure insured that the board remained under a 43 conservative majority. Text messages uncovered in an open-records request showed that Prehn cordinated the extension with Walker, industry lobbyists, and Republican legislators. Senators are asking me to stay put because there [sic] not gonna confirm anyone, Prehn wrote to a former D.N.R. warden. So I might stick around for a while. See what shakes out. Ill be like a turd in water up there. During this time, Prehn cast the deciding vote to block groundwater standards for PFAS, also known as forever chemicals, which have been linked to cancer, liver damage, decreased fertility, and increased risk of asthma and thyroid disease.
Originally posted here:
A High-Stakes Election in the Midwest's Democracy Desert - The New Yorker
- A New Climate Democracy Is Taking On the Petrostates - Mother Jones - May 3rd, 2026 [May 3rd, 2026]
- Democracy Forward Issues Statement on Urgent Supreme Court Applications to Protect Access to Mifepristone in the United States - Democracy Forward - May 3rd, 2026 [May 3rd, 2026]
- Commentary: This is not redistricting, its undoing democracy - Orlando Sentinel - May 3rd, 2026 [May 3rd, 2026]
- The Oscars for political nerds or a threat to democracy? Grab a ticket, its Canberras budget fundraiser season - The Guardian - May 3rd, 2026 [May 3rd, 2026]
- Jacob Mchangama & Jeff Kosseff Guest-Blogging About "The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential... - May 3rd, 2026 [May 3rd, 2026]
- Mayor Mapp: Fair Representation and the Future of Our Democracy - TAPinto - May 3rd, 2026 [May 3rd, 2026]
- EU says democracy cannot exist without free press, warns of rising threats - Amu TV - May 3rd, 2026 [May 3rd, 2026]
- Dominic Cummings "moonshot" agency awarded 52m to US tech firms - Democracy for Sale - May 3rd, 2026 [May 3rd, 2026]
- Supreme Court overruling Voting Rights Act upends democracy | Scott Whitney - Wisconsin State Journal - May 3rd, 2026 [May 3rd, 2026]
- World Press Freedom Day highlights importance of freedom of expression for democracy and security - Valtioneuvosto - May 3rd, 2026 [May 3rd, 2026]
- They Just Quietly Changed the Rules of Democracy - Big Easy Magazine - May 3rd, 2026 [May 3rd, 2026]
- DW News. . Thirty-one governors, one ruling party is Nigeria's democracy evolving or eroding? We hear from politicians, activists, and citizens on... - May 3rd, 2026 [May 3rd, 2026]
- West Bengal, India: The worlds biggest democracy has purged electoral rolls, leaving many without a vote - CNN - May 1st, 2026 [May 1st, 2026]
- In Trumps America, It Takes a King to Praise Democracy - The New Yorker - May 1st, 2026 [May 1st, 2026]
- No School, No Work, No Shopping: Workers, Immigrants to Lead Thousands of May Day Protests - Democracy Now! - May 1st, 2026 [May 1st, 2026]
- Democracy Forward Adds Five New Litigators to Growing Team as Legal Docket Soars - Democracy Forward - May 1st, 2026 [May 1st, 2026]
- Three female legal scholars discuss confidence, the state of democracy and the importance of voting in Rockefeller Center event - The Dartmouth - May 1st, 2026 [May 1st, 2026]
- Supreme Court Guts Key Protections of the Voting Rights Act, Deals Blow to American Democracy - Democracy Forward - May 1st, 2026 [May 1st, 2026]
- Letters to the Editor: Trumps vanity is threatening the very soul of our democracy - Los Angeles Times - May 1st, 2026 [May 1st, 2026]
- Louisiana governor suspends active election to allow for gerrymander - Democracy Docket - May 1st, 2026 [May 1st, 2026]
- Political donations are poison to our democracy but theres an easy antidote to that | George Monbiot - The Guardian - May 1st, 2026 [May 1st, 2026]
- Zambias cancellation of RightsCon sparks alarm and condemnation - Democracy Without Borders - May 1st, 2026 [May 1st, 2026]
- The Democracy of the Strongest Is Always the Best: The Eighteenth Newsletter (2026) - Tricontinental: Institute for Social Research - May 1st, 2026 [May 1st, 2026]
- With green light from Supreme Court, heres where the GOP can gerrymander before the midterms - Democracy Docket - May 1st, 2026 [May 1st, 2026]
- The Supreme Court just turbocharged the gerrymandering war. It was already to blame for unleashing it - Democracy Docket - May 1st, 2026 [May 1st, 2026]
- The Supreme Courts endless war on southern democracy and voting rights - News From The States - May 1st, 2026 [May 1st, 2026]
- This Is Not Democracy: What The Supreme Courts Louisiana Redistricting Ruling Really Means For Black Voting Power - Yahoo - May 1st, 2026 [May 1st, 2026]
- This week at Democracy Docket: Flooding the zone on Virginia - Democracy Docket - May 1st, 2026 [May 1st, 2026]
- Top Trump appointee on key federal election panel to resign - Democracy Docket - May 1st, 2026 [May 1st, 2026]
- AI is bad for equality, the working class, and democracy - CTech - April 27th, 2026 [April 27th, 2026]
- Democracy Now!s 30th Anniversary: Steal This Story Please! - Institute for Policy Studies - April 27th, 2026 [April 27th, 2026]
- The greatest threat to American democracy might not be who you think - Daily Herald - April 27th, 2026 [April 27th, 2026]
- Walcott: Dont fall for it. Direct democracy is being weaponized against you. - LiveWire Calgary - April 27th, 2026 [April 27th, 2026]
- African Union Commends Moroccos Strategic Contribution to Peace, Security and Governance in Africa While Jointly Advancing Electoral Integrity and... - April 27th, 2026 [April 27th, 2026]
- Barack Obama Calls For Rejection Of Idea That Violence Has 'Any Place' In Democracy, Sanders, Cruz Condem - Benzinga - April 27th, 2026 [April 27th, 2026]
- This week at Democracy Docket: Blue states are Trump-proofing their elections, while red ones are restricting voting - Democracy Docket - April 12th, 2026 [April 12th, 2026]
- Viktor Orbn spent 16 years building Hungary's 'illiberal' democracy. On Sunday, he may be voted out - CBC - April 12th, 2026 [April 12th, 2026]
- To stop Australian democracy going the way of the US, heres what we need to do - The Conversation - April 12th, 2026 [April 12th, 2026]
- TV pundit, an Allentown native, to speak at TED Democracy event in Philadelphia - LehighValleyLive.com - April 12th, 2026 [April 12th, 2026]
- How Trump's New Executive Order Turns the USPS into a Partisan Weapon Against Mail-In Voting and Democracy - The Fulcrum - April 12th, 2026 [April 12th, 2026]
- A Failed U.S. Attempt to Opt Out of Democracy Talk - Council on Foreign Relations - April 12th, 2026 [April 12th, 2026]
- A Tale of Two Pandemics: Public Health and Democracy from H1N1 to COVID-19 and Beyond - The Fulcrum - April 12th, 2026 [April 12th, 2026]
- Another MP jumps to Carneys Liberals, igniting concerns about the health of Canadas democracy - The Conversation - April 12th, 2026 [April 12th, 2026]
- 10 Steps to Resist Fascism and Defend Democracy - Charlie Angus / The Resistance | Substack - April 12th, 2026 [April 12th, 2026]
- Jordan And Incremental Democracy: Liberalization, Authoritarianism, And The Limits Of Managed Reform Analysis - Eurasia Review - April 12th, 2026 [April 12th, 2026]
- 'The price that we pay for democracy:' Texas House member facing fine also faced threats - Yahoo - April 12th, 2026 [April 12th, 2026]
- Results from Hungary Elections - Orbn loses, Democracy Wins (Updated) - Daily Kos - April 12th, 2026 [April 12th, 2026]
- Opinion | Tyrants thrive when people are functionally illiterate about democracy - Times-Standard - April 12th, 2026 [April 12th, 2026]
- McKenzie: Democracy and information overload - Dallas News - April 12th, 2026 [April 12th, 2026]
- The Sound of Democracy sing-along protest returns to Portland ICE facility this weekend - Your Oregon News - April 12th, 2026 [April 12th, 2026]
- Steal This Story Please! The Urgency and The Humanity of Democracy Now!'s Amy Goodman - Splash Magazines Worldwide - April 12th, 2026 [April 12th, 2026]
- Democracy is a matter of trust: Chief Whip - Bangladesh Sangbad Sangstha (BSS) - April 12th, 2026 [April 12th, 2026]
- Can democracy cope with an age of impatience? - Engelsberg Ideas - April 10th, 2026 [April 10th, 2026]
- EU poised to slash up to 1.5B in funding to Serbia over democracy fears - politico.eu - April 10th, 2026 [April 10th, 2026]
- The liberal fantasy that the courts will save Israel's democracy - Haaretz - April 10th, 2026 [April 10th, 2026]
- How artificial intelligence is transforming democracy | D+C - Development + Cooperation - Dandc.eu - April 10th, 2026 [April 10th, 2026]
- Democracy Index 2025the pause in democratic decline and what it means for business risk - Economist Intelligence Unit - April 10th, 2026 [April 10th, 2026]
- NALC to participate in House field hearing on protecting democracy and vote-by-mail - National Association of Letter Carriers - April 10th, 2026 [April 10th, 2026]
- Democracy stabilizes globally after eight years of decline, EIU says - Democracy Without Borders - April 10th, 2026 [April 10th, 2026]
- Democracy is about people: Are we paying enough attention to the brain? - International IDEA - April 10th, 2026 [April 10th, 2026]
- Hall Center to host conversation on Langston Hughes, democracy featuring former KU professors - KU News - April 10th, 2026 [April 10th, 2026]
- Women, News, Democracy, and Power Ahead of the 2026 Local Elections - Nelson Mandela Foundation - April 10th, 2026 [April 10th, 2026]
- Acting CDC Head Blocks Publication of Research Showing COVID Vaccine Benefits - Democracy Now! - April 10th, 2026 [April 10th, 2026]
- Whos afraid of women at work? Democracy and society - ips-journal.eu - April 10th, 2026 [April 10th, 2026]
- Nevadas top cop is the right choice to lead the national fight to protect democracy - Las Vegas Sun - April 10th, 2026 [April 10th, 2026]
- Gulf Coast Jazz Collective performing 'Democracy Suite!' in tribute to America250 - WGCU - April 10th, 2026 [April 10th, 2026]
- Dick Polman: Tyrants thrive when people are functionally illiterate about democracy - Daily Freeman - April 10th, 2026 [April 10th, 2026]
- I was an Election Inspector: 15 hours of nonstop democracy - Milwaukee Record - April 10th, 2026 [April 10th, 2026]
- Turns Out The Elites Like The Administrative State Better Than Democracy OpEd - Eurasia Review - April 10th, 2026 [April 10th, 2026]
- TRADERS MADE MILLIONS ON SUSPICIOUSLY TIMED BETS ON VENEZUELA AND IRAN EVENTS. THIS WARRANTS AN INVESTIGATION. - Democracy Defenders Fund - April 10th, 2026 [April 10th, 2026]
- These 30 cases will determine the future of our elections - Democracy Docket - April 10th, 2026 [April 10th, 2026]
- King and Robeson at the No Kings Demonstrations: Defending Democracy and the Different and Vulnerable - Los Angeles Sentinel - April 10th, 2026 [April 10th, 2026]
- Opinion - James Orlick: Democracy cannot function without independent universities - the public must respond - Northern Kentucky Tribune - April 10th, 2026 [April 10th, 2026]
- PHOTO GALLERY | Democracy Bowl | University of Pittsburgh at Johnstown - The Tribune-Democrat - April 10th, 2026 [April 10th, 2026]
- This time, things are different Democracy and society - ips-journal.eu - April 10th, 2026 [April 10th, 2026]
- Global democracy is in better shape than you think - The Economist - April 8th, 2026 [April 8th, 2026]
- Pashinyan jokes with Putin in the Kremlin: Armenia has too much democracy - The Armenian Weekly - April 8th, 2026 [April 8th, 2026]
- A Table Down the Street: Democracy of the Slice - Alexandria Living Magazine - April 8th, 2026 [April 8th, 2026]
- Answering the Call for a Healthy, Inclusive Democracy - Robert Wood Johnson Foundation | RWJF - April 8th, 2026 [April 8th, 2026]
- Knowledge, Democracy, and the Institutions That Sustain Them - law.uchicago.edu - April 8th, 2026 [April 8th, 2026]