Federal Court is Dubious of Republican Redistricting in Wisconsin

They have strongly suggested that the Republicans come up with something a bit less blatantly discriminatory before the trial:

Republican lawmakers said Tuesday they believe they have no power to make changes to election maps they approved last summer, inserting new questions into fast-changing litigation over those maps.

A trial over those maps began with a surprise Tuesday, when the presiding judge told the attorneys to confer with top legislative leaders and others to consider redrawing the maps taking into account legal challenges from Democrats and Latinos.

After a day of consultation, an attorney for the state told the three federal judges that top Republicans were willing to consider making changes to the maps but believed a 1954 opinion by the state Supreme Court prevented them from doing so. The attorney, Dan Kelly, said the state's high court had found lawmakers can make changes to the maps just once a decade.

Two groups suing the state disagree and say the Legislature still has the ability to make changes.

Tuesday's developments left numerous questions in place - including when the trial may continue in earnest. The presiding judge told the attorneys to be available Wednesday to return to court with 45 minutes notice, but made clear the court may rule only on the relatively narrow issue of the extent to which an attorney for the Legislature would have to later testify.

The panel - which includes two judges appointed by Republican presidents and one appointed by a Democratic president - has repeatedly criticized Republican lawmakers in written orders for their secretive process for drawing the maps.

On Tuesday, presiding Judge J.P. Stadtmueller did the same shortly after hearing that attorneys for the legislators had released a new batch of emails Friday that they had not previously disclosed they had. The release of emails came a day after the court had ordered the lawmakers' attorneys to make public a separate group of emails.

"The facts are the facts and what has occurred here is beyond the pale in terms of lack of transparency (and) secrecy," Stadtmueller said. "Appearances are everything and Wisconsin has prided itself one generation after another on openness and fairness in doing the right thing. And to be frank we have seen everything but that in the way this case has proceeded."

Almost all lawmakers signed secrecy agreements about the maps and they tried repeatedly to prevent their aides from having to testify or produce documents. Those attempts were unsuccessful, and last month the panel ordered the Republicans' attorneys to pay the other side $17,500 for filing frivolous motions.

Here's a hint to the Republicans in the WI legislature and their attorneys:  When the judges demand the testimony of one your counsels, and fine your attorneys 17½ grand, your prospects are not good.

When you have pissed off the judges this much, Clarence Darrow couldn't help you.