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FL advocates worry about the EPA delaying an important decision on emissions; WV is a leading state in criminal justice reform thanks to national backing; CA groups are celebrating a judge rejecting a federal moratorium on offshore wind; U of MI child care workers are fighting for a livable wage; gray whales might not be bouncing back as fast as previously thought; and NY advocates are celebrating a federal ruling saying the Trump Administration's wind energy ban was illegal.

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The Senate fails to extend ACA subsidies all but ensuring higher premiums in January, Indiana lawmakers vote not to change their congressional map, and West Virginia clergy call for a moratorium on immigration detentions during the holidays.

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Farmers face skyrocketing healthcare costs if Congress fails to act this month, residents of communities without mental health resources are getting trained themselves and a flood-devasted Texas theater group vows, 'the show must go on.'

Expert: Supreme Court Case Could Impact Wisconsin Elections Commission

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Tuesday, July 12, 2022   

In its next session, the U.S. Supreme Court will weigh a congressional gerrymandering case from North Carolina, and the court's ruling could have a significant impact on the bipartisan Wisconsin Elections Commission.

The case centers around the "Independent State Legislature Theory" (ISLT), which holds legislatures have broad authority to manage federal elections and redistricting.

Ethan Herenstein, counsel with the Democracy Program at the Brennan Center for Justice, said the most extreme version of the theory could bar legislatures from sharing any election power with other state actors.

"And that would mean that the Wisconsin Elections Commission wouldn't be permitted to help run federal elections, even if the Legislature asked it to," Herenstein explained. "The ISLT is radical; this would be doubly so."

In another scenario, which Herenstein acknowledged the court is unlikely to endorse, the Legislature could pass a law dissolving or diminishing the power of the elections commission, and Gov. Tony Evers would be unable to veto it, as it pertains to federal elections.

The bipartisan elections commission has recently found itself in GOP crosshairs, as many Republican legislators allege it has mishandled the state's elections, and have called for its dissolution.

A ruling endorsing the Independent State Legislature theory would have far-reaching implications, specifically in the realm of redistricting. According to the Brennan Center, the principle could be used to block state courts from weighing in on federal redistricting cases.

Herenstein argued it is a serious problem, since a prior Supreme Court ruling blocked federal courts from weighing partisan gerrymandering claims.

"So, in short, if the Supreme Court were to rule for the gerrymanderers in North Carolina, that may mean that state legislatures are free, when it comes to congressional elections, to gerrymander to their heart's delight and there will be no court available to stop them," Herenstein asserted.

But Herenstein added federal courts still could consider cases where lawmakers break other federal election and redistricting rules, such as racial gerrymandering. The Supreme Court will likely hand down a ruling in the North Carolina case next summer.


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