Why Wisconsin Is Not a Democracy – TIME
Voters cast their ballot in the national election at Cannon Pavilion on Nov. 8, 2016 in Milwaukee, Wisconsin.Darren HauckGetty Images
Whitford, a retired professor of law from the University of Wisconsin, is the named plaintiff in the U.S. Supreme Court case Gill v. Whitford.
The U.S. Supreme Court will rule in a landmark partisan gerrymandering case, in which I am the named plaintiff. At a trial in front of three federal judges, two of whom were appointed by Republican presidents, the evidence clearly established that Wisconsin has one of the most partisan perhaps the most partisan legislative gerrymanders in the nation. As the trial court found, this gerrymander effectively guarantees Republican control of both houses of the Wisconsin legislature for a decade, no matter what happens in Wisconsin elections. It also guarantees that Republicans will control the legislature that drafts the next apportionment after the 2020 census, perpetuating the problem into the next decade and beyond. The trial court found that this entrenchment of Republican control was unconstitutional, that it deprived millions of Wisconsin citizens of their rights. Similar processes deprive voters, some Republican and some Democrat, elsewhere in the United States.
This extent of partisan bias in Wisconsins legislative apportionment became clear in the first election after the current legislative districts were adopted: In November 2012, Democrats won two major statewide elections and a clear majority of the Wisconsin statewide vote for state Assembly candidates, yet won only 39 of the 99 Assembly seats. Not only is there bias, but there are also few competitive Assembly seats. In 2014, Republicans won a clear majority of the statewide Assembly vote, yet gained only three more Assembly seats. The only legislative elections of consequence in Wisconsin are partisan primaries general elections rarely matter.
The consequences of this unfair districting are many. Because Wisconsin had been politically competitive between the parties for decades, it has often been recognized for its bipartisan consensus on public policies. Now it has become much more ideologically driven, and efforts to obtain bipartisan consensus on legislation are almost non-existent. A state that once prided itself for strong public schools and a world-class public university system now sees devastating cuts to education and ideological fights about education policy. There is also substantial underinvestment in vital infrastructure like highways; Wisconsin is now rated as having a rural highway system as bad as any state in the country. Out-of-state special interests are buying changes in regulations that allow industrial users to operate high capacity water wells and to mine frac sand in ways that damage our rich heritage of wetlands, trout streams and clear blue lakes. And this is just a partial list of the unfortunate product of the legislatures elected under this biased legislative apportionment.
Another clear consequence of the unfair districting has been to discourage Wisconsin Democrats from participating in the many activities of democracy. Now 77 and retired, I was raised in Wisconsin and have lived virtually all my life here. I have been a loyal Democrat since I was a boy working with my mother on a campaign to recall Senator Joseph McCarthy in the 1950s. I have stuffed envelopes, knocked on doors, donated to and raised money for candidates. I have worked on campaigns in many districts throughout the state because my goal has always been to elect Democratic majorities in the two branches of the state legislature. Sometimes we won, sometimes we lost. This is to be expected in a politically competitive state. What is not acceptable is what Wisconsin Democrats now face: Since the 2012 election, we have had no chance to elect Democratic majorities in the Legislature, even when we win big electoral majorities.
Partisan gerrymandering is not just done by Republicans. In some other states, where Democrats are in political control, gerrymanders disadvantaging Republicans have been adopted. And in those states, Republicans have no chance to achieve their policy goals through the persuasion of voters. This is not how democracy is supposed to work.
In democracies, electoral majorities should govern (subject to very important and constitutionally protected minority rights). But we plaintiffs there are twelve of us, from various parts of Wisconsin, all Democratic activists like me just like those Republicans in some other states, no longer have a chance to change the political direction of our state. We may be able to persuade a majority of our citizens to our points of view, but nothing will change. The legislature itself is committed to preserving its advantage and cannot be expected to undo their gerrymanders. And unlike a few states, Wisconsin does not have voter initiative, a process that has allowed citizens in California and Arizona to enact non-partisan districting commissions and remove from legislatures the ability to gerrymander.
As a country, we need the Supreme Court to restore fairness in elections by setting some limits on the degree of partisan bias in legislative districting. In purple states, both parties compete for statewide offices. Both parties should also have a chance to elect state legislative majorities. Anything else is not democracy. Yet there is no remedy for excessive gerrymandering other than Supreme Court action.
Voters should choose their legislators. Instead, in Wisconsin and in many other states, legislators have chosen their voters.
Follow this link:
Why Wisconsin Is Not a Democracy - TIME
- 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]
- Letter: Consolidation of power and the death of democracy - Decorah Leader - April 8th, 2026 [April 8th, 2026]
- Nothing lasts forever Future of social democracy - ips-journal.eu - April 8th, 2026 [April 8th, 2026]
- Architects of equality: Advancing inclusive democracy in Malaysia - International IDEA - April 8th, 2026 [April 8th, 2026]
- Middle Aisle: Fear of public service isnt healthy for democracy in Minnesota - MinnPost - April 8th, 2026 [April 8th, 2026]
- Israeli Peace Activist: Gaza, Iran & Lebanon Are All Part of One Forever War That Must End - Democracy Now! - April 8th, 2026 [April 8th, 2026]
- Democracy Needs You: 5 Steps Nonprofits Can Take to Support Free and Fair Elections - Nonprofit Quarterly - April 8th, 2026 [April 8th, 2026]
- The future of Burkina Fasos democracy is in question - theworld.org - April 8th, 2026 [April 8th, 2026]
- PP102: Democracy and its discontented: What drives demand for democracy in South Africa? - Afrobarometer - April 8th, 2026 [April 8th, 2026]
- The Life and Career of Democracy Now! Founder Amy Goodman - The Progressive - April 8th, 2026 [April 8th, 2026]
- Israel's rule of law and democracy are on the brink of collapse - Le Monde.fr - April 8th, 2026 [April 8th, 2026]
- Report from Tehran: Hormuz Is Not a Tool to End the War But How Iran Wins the Aftermath - Democracy Now! - April 8th, 2026 [April 8th, 2026]
- Citizens United: The Supreme Court Decision That Sold American Democracy to the Highest Bidder - Substack - April 8th, 2026 [April 8th, 2026]