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
- Donald Trump and the unmooring of patriotism and democracy - The Hill - January 19th, 2025 [January 19th, 2025]
- Keeping the Faith in the Fight to Defend Democracy (Anne Applebaum) - The Bulwark - January 19th, 2025 [January 19th, 2025]
- Voices: Look to Logan as an example of a democracy and sustainable progress - Salt Lake Tribune - January 19th, 2025 [January 19th, 2025]
- Biden warns that an oligarchy is forming that threatens US democracy - Reuters - January 19th, 2025 [January 19th, 2025]
- WATCH: Bidens final speech from the White House warns of an ultra-wealthy oligarchy that could threaten democracy - PBS NewsHour - January 19th, 2025 [January 19th, 2025]
- VIDEO: Rebuilding the Arsenal of Democracy and Americas Defense Industrial Base - smallwarsjournal - January 19th, 2025 [January 19th, 2025]
- Gideon Levy & Mouin Rabbani on Ceasefire: Netanyahu Will Do Everything Possible to Kill It Later - Democracy Now! - January 19th, 2025 [January 19th, 2025]
- Proposed Legislation Threatens a Backslide on U.S. Democracy - New Lines Magazine - January 19th, 2025 [January 19th, 2025]
- Biden warns of rising democracy-threatening oligarchy in grim farewell speech - POLITICO - January 19th, 2025 [January 19th, 2025]
- Youth honored as 'Voice of Democracy' - Mount Airy News - January 19th, 2025 [January 19th, 2025]
- Biden touts record of upholding democracy in farewell speech - BBC.com - January 19th, 2025 [January 19th, 2025]
- AI is assistive intelligence, can lead to better democracy - The Jakarta Post - January 19th, 2025 [January 19th, 2025]
- GOP Already Controls the North Carolina Supreme Court Why Are They Obsessed With Overturning That Race? - Democracy Docket - January 19th, 2025 [January 19th, 2025]
- The American oligarchy Biden denounced as a threat to democracy gained $1.5 trillion in net worth during his term - Fortune - January 19th, 2025 [January 19th, 2025]
- Big tech is picking apart European democracy, but there is a solution: switch off its algorithms | Johnny Ryan - The Guardian - January 19th, 2025 [January 19th, 2025]
- Jon Meacham: Democracy is a manifestation of all of us - Yahoo! Voices - January 19th, 2025 [January 19th, 2025]
- Opinion | Beyond Authoritarian Rage:The Cultural Will to Democracy - Common Dreams - January 19th, 2025 [January 19th, 2025]
- [UPDATE] Washington Post still thinks "Democracy Dies In Darkness," but announces new mission - The A.V. Club - January 19th, 2025 [January 19th, 2025]
- Peckham: Democracy is for sale in the U.S. - Harrisonburg Daily News Record - January 19th, 2025 [January 19th, 2025]
- Are the young really so down on democracy? | Letters - The Guardian - January 19th, 2025 [January 19th, 2025]
- Thomas Piketty: 'In the global battle between democracy and oligarchy, one can only hope that Europeans will emerge from their lethargy' - Le Monde - January 19th, 2025 [January 19th, 2025]
- The GOPs Grand Stand against Voting and Democracy - substack.com - January 19th, 2025 [January 19th, 2025]
- 4 Voting Rights Cases SCOTUS May Hear That Could Reshape Elections - Democracy Docket - January 19th, 2025 [January 19th, 2025]
- Biden warns in farewell address that an 'oligarchy' of ultrarich in US threatens future of democracy - The Associated Press - January 19th, 2025 [January 19th, 2025]
- A surge in radical governments, the hope of democracy - The Hindu - January 19th, 2025 [January 19th, 2025]
- How Does It Feel to Have Your Legacy Be Genocide?: Max Blumenthal Confronts Outgoing Blinken - Democracy Now! - January 19th, 2025 [January 19th, 2025]
- Threats to democracy in the 2nd Trump administration - Niskanen Center - January 9th, 2025 [January 9th, 2025]
- North Carolina Supreme Court GOP Candidate Seeks to Tilt the Playing Field in His Favor - Democracy Docket - January 9th, 2025 [January 9th, 2025]
- Lessons from self-inflicted blows to democracy in South Korea and the U.S. - NPR - January 9th, 2025 [January 9th, 2025]
- Nowicki: Its a New Year. Will it be the same democracy? - Oregon Daily Emerald - January 9th, 2025 [January 9th, 2025]
- Democracy depends on obedience - America: The Jesuit Review - January 9th, 2025 [January 9th, 2025]
- The rise and fall of Justin Trudeau Democracy and society - IPS Journal - January 9th, 2025 [January 9th, 2025]
- Not All Elections Are Created Equal - Renew Democracy Initiative - January 9th, 2025 [January 9th, 2025]
- Kamala Harris says Americas democracy stood, after certifying Trumps election victory as it happened - The Guardian US - January 9th, 2025 [January 9th, 2025]
- Democracy dies, first, in the workplace: A conversation with Hamilton Nolan and Sara Nelson - The Real News Network - January 9th, 2025 [January 9th, 2025]
- The Militia and the Mole: Reporter Josh Kaplan on How a Freelance Vigilante Infiltrated U.S. Militias - Democracy Now! - January 9th, 2025 [January 9th, 2025]
- U.S. DOE Selects Nine Organizations for Regional Energy Democracy Initiative in Texas and Louisiana - SolarQuarter - January 9th, 2025 [January 9th, 2025]
- Everss Direct Democracy Initiative Should Go Directly to the Waste Bin - MacIverInstitute - January 9th, 2025 [January 9th, 2025]
- Unpacking the Meta Announcement: The Future of the Information Ecosystem and Implications for Democracy - Just Security - January 9th, 2025 [January 9th, 2025]
- Harris called Trump a danger to democracy. Now she is set to certify his election win - The Independent - January 6th, 2025 [January 6th, 2025]
- After a year of elections, whats next for democracy in 2025? - Eco-Business - January 6th, 2025 [January 6th, 2025]
- Psychological profile of Daniel Ortega and the Crisis of Democracy in Nicaragua - Robert Lansing Institute - January 6th, 2025 [January 6th, 2025]
- Southeast Asias human rights and democracy: A reflection - The Jakarta Post - January 6th, 2025 [January 6th, 2025]
- Fareed Zakaria, "The Crisis of Democracy Is Really a Crisis for the Left" / "Why Is the Left Flailing? Look at New York vs.... - January 6th, 2025 [January 6th, 2025]
- Slotkin prioritizes protection of democracy ahead of U.S. Senate swearing-in - Michigan Advance - January 6th, 2025 [January 6th, 2025]
- Before preaching democracy, political parties must lead by example: The Daily Star - asianews.network - January 6th, 2025 [January 6th, 2025]
- Liberal Democracy Shrinks in India, Turkey and the US - IDN-InDepthNews - January 6th, 2025 [January 6th, 2025]
- What does an America without democracy look like? Were about to find out. - The Hill - January 6th, 2025 [January 6th, 2025]
- Biden says Trump is a genuine threat to democracy, scolds reporters - MSN - January 6th, 2025 [January 6th, 2025]
- Nonprofits Are at the Core of American Democracy. Now Theyre Under Threat - TIME - January 6th, 2025 [January 6th, 2025]
- New Congress Takes Office Tomorrow What This Means for Voting Rights - Democracy Docket - January 6th, 2025 [January 6th, 2025]
- Who were the winners and losers of African democracy in 2024? - RFI English - January 6th, 2025 [January 6th, 2025]
- Commentary: 2024 saw plenty of elections, little in the way of democracy - Stocktonia News - January 6th, 2025 [January 6th, 2025]
- Opinion | The crisis of democracy is really a crisis for the left - The Washington Post - January 6th, 2025 [January 6th, 2025]
- Biden takes departing jab at Trump, says he was a genuine threat to democracy - Fox8tv - January 6th, 2025 [January 6th, 2025]
- The Best and Worst of 2024 - Democracy Docket - January 6th, 2025 [January 6th, 2025]
- Democracy vs. bureaucracy: How populism became the handmaiden of tech - Washington Examiner - January 6th, 2025 [January 6th, 2025]
- Avery Davis-Roberts former manager of The Carter Centers democracy program gives interview on Carter's legacy - Americus Times-Recorder - January 6th, 2025 [January 6th, 2025]
- Jimmy Carter sought to expand democracy worldwide long after he left the White House - The Associated Press - January 1st, 2025 [January 1st, 2025]
- Local news organizations are vital to healthy communities and democracy | Guest Column - Port Townsend Leader - January 1st, 2025 [January 1st, 2025]
- Daily Briefing Dec. 30: Day 451 Democracy in Syria? De facto leader says not so fast - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- What I learned from talking to Atlantans about our democracy this year - Atlanta Civic Circle - January 1st, 2025 [January 1st, 2025]
- In Trumps America, Theres Democracy Only When He Wins - Democracy Docket - January 1st, 2025 [January 1st, 2025]
- Democratic Sen. Andy Kim: 'The opposite of democracy is apathy' - CNN - January 1st, 2025 [January 1st, 2025]
- Germany, France and Poland condemn violence in Georgia, stress support for pro-democracy movement - The Associated Press - January 1st, 2025 [January 1st, 2025]
- The Fulcrum Democracy Forum Meets Tim Shriver, Special Olympics International Board of Directors - citybiz - January 1st, 2025 [January 1st, 2025]
- The inspiring resilience of democracy - Financial Times - January 1st, 2025 [January 1st, 2025]
- Lapid warns Israel must choose between democracy and theocracy - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- The People and Groups Who Tried to Disenfranchise Voters in 2024 - Democracy Docket - January 1st, 2025 [January 1st, 2025]
- Opinion: 2024 was a Year of Elections when democracy lost out - The Globe and Mail - January 1st, 2025 [January 1st, 2025]
- PMs wife accuses AG of terrorizing Israeli democracy with probe into her conduct - The Times of Israel - January 1st, 2025 [January 1st, 2025]
- South Asia In 2024: Elections, Transitions, And The Struggle For Democracy - thefridaytimes.com - January 1st, 2025 [January 1st, 2025]
- Uprising for Democracy in the Caucasus - CounterPunch - January 1st, 2025 [January 1st, 2025]
- Our Country and Democracy Demand Open Hearts and Minds - Washington Monthly - January 1st, 2025 [January 1st, 2025]
- Hes anti-democracy and pro-Trump: the obscure dark enlightenment blogger influencing the next US administration - The Guardian US - December 22nd, 2024 [December 22nd, 2024]
- Column | Musks dangerous, exaggerated conflation of social media and democracy - The Washington Post - December 22nd, 2024 [December 22nd, 2024]
- In a year of global elections, what did we learn about the state of democracy? - NPR - December 22nd, 2024 [December 22nd, 2024]
- Opinion | What if Our Democracy Cant Survive Without Christianity? - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- The Future of Democracy and Human Rights in American Foreign Policy - Center for Strategic & International Studies - December 22nd, 2024 [December 22nd, 2024]
- Democrats really dont understand democracy, or why they lost the presidential election - OCRegister - December 22nd, 2024 [December 22nd, 2024]