Jason Stein

Milwaukee Journal Sentinel

MADISON, Wis — After striking legislative maps down as unconstitutional two months ago, a federal court Friday ordered Wisconsin Gov. Scott Walker and lawmakers to redraw the state's legislative maps by Nov. 1 to ensure their use in the fall 2018 elections.

The three-judge federal panel rejected the state's request to wait until the U.S. Supreme Court has weighed in on the case, which is being watched closely nationwide because it relies on a novel legal argument.

But the panel also denied a request from the Democratic plaintiffs that the court draw the maps. The judges said that was a task better left to the state's GOP-controlled Legislature and Walker, saying they had no evidence that Wisconsin officials wouldn't comply with the order.

"It is neither necessary nor appropriate for us to embroil the court in the Wisconsin Legislature’s deliberations," the panel wrote.

Race, politics divide Supreme Court justices in redistricting cases

Unlike the 2-1 November decision striking down the maps for being excessively partisan, this order was unanimous. Bill Whitford, lead plaintiff in the case brought by the Fair Elections Project, hailed the order.

"Today is a good day for Wisconsin voters, and another step in the journey of ensuring that our voices are heard," Whitford said. "Now, we will be keeping a watchful eye on the state Legislature as they draw the new maps, and I ask them, for the sake of our democracy, to put partisan politics aside and the interests of all voters first."

The Democratic plaintiffs sued in 2015 to invalidate the maps that GOP lawmakers and Walker passed in 2011, and the lower court ruled in their favor. The U.S. Supreme Court is required to take the case and still could rule against the plaintiffs.

Court strikes down GOP-drawn legislative maps in Wis.

"We are reviewing the court’s order, but we expect to file an appeal with the Supreme Court and seek prompt reversal of this decision," said Johnny Koremenos, a spokesman for GOP state Attorney General Brad Schimel.

Walker's office had no immediate response. But in a year-end interview this past month with the Milwaukee Journal Sentinel, the governor showed little appetite for undoing what he and his fellow Republicans enacted five years ago.

"Oh, clearly on principle alone they should fight this," Walker said of the state Department of Justice. "I think lawmakers and governors around the country are interested in this case regardless of party ... because they believe the legislative bodies should be drawing the (district) lines, not the courts."

Supreme Court upholds Virginia redistricting

At the time, Sachin Chheda, director of the plaintiffs' Fair Election Project, said what politicians in power want is beside the point: The citizens matter.

"What citizens want is for elections to be meaningful. I don’t think there’s any evidence that citizens want politicians to draw lines to protect themselves," Chheda said.

Follow Jason Stein on Twitter: @jasonmdstein