• Home
  • Archive
  • Media Kit
  • Contact Us
  • March 27, 2023

The Madison Times

The Paper That's More Than Black and White

  • News
    • Local News
    • National News
    • International News
    • Sports News
    • Education News
  • Columns
    • Columnists
    • Editorials
    • Letters to the Editor
    • Life Lessons with Alex Gee
  • Events
  • Health
  • Finance
  • Lifestyle
  • Classifieds
  • Community
    • Middle Spread
  • Milwaukee
EXCEPT WHERE INDICATED, THE OPINIONS EXPRESSED ON THIS PAGE ARE NOT NECESSARILY THOSE OF THE MADISON TIMES

Kavanaugh and Republican Control of the Wisconsin Legislature

July 21, 2018

By Matthew Koch

Matthew Koch

Educational background, Vanderbilt University Department of Political Science, Nashville TN MA, PhD candidate August 2010 – Present ● Conducted research concentrating on political theory, international relations and public law • Researched differing definitions of Justice in Western and Islamic legal traditions • Completed full core graduate course load in econometrics and statistics • Completed full graduate course load in methodologies of humanistic research design Vanderbilt University Law School, Nashville TN JD Vanderbilt University Divinity School, Nashville TN MTS August 2005 – May 2010 • Specialized in resolving conflicts between religion and law, especially concerning Islamic, Jewish and Catholic financial and domestic law Dartmouth College, Hanover NH BA cum laude September 2001 – June 2005 ● Majored in Ancient History with a special interest in the influence of Greek and Roman Law on the development of subsequent legal systems • Thesis “Constructing Cyrus” – An analysis of the influence of the Cyrus Cylinder on European legal thought

If Brett Kavanaugh is confirmed on the Supreme Court it is likely to have a significant impact on politics in Wisconsin by making it more difficult for Democrats to gain control of the legislator in the future. Wisconsin has one of the most gerrymandered legislators in the United States. Many voting districts are drawn up along political lines in order to help the Republicans maintain a majority. Recently, Circuit Judge Kenneth Francis Ripple, joined by District Judge Barbara Brandriff Crabb, held that the Republicans’ 2011 redistricting was unconstitutional; forcing the legislator to redraw the electoral map in a manner more favorable to Democrats. Kavanaugh, if confirmed, may reverse this decision.

Kavanaugh’s confirmation has the potential to upset recent rulings on gerrymandering. Earlier this summer the Supreme Court dismissed the case of Gill v. Whitford. The court held that the plaintiff lacked standing, a technical term meaning that he was not personally damaged, to bring the case. The case left the Wisconsin case untouched the decision left the issue of the constitutionality of gerrymandering open for debate.

There are two schools of thought among lawyers about the constitutionality of gerrymandering. Conservatives think the practice is constitutional and the liberals do not. Conservatives see gerrymandering as constitutional arguing that it is protected by the system of dual-federalism. Dual federalism is the idea that states maintain some aspects of sovereignty after their incorporation to the union. Conservatives say that it is unconstitutional for the Federal Government, including the federal courts, to interfere with the makeup of state legislators because federal control over state legislators hampers the sovereignty of the state. Liberals believe that the Due Process Clause and the constitutional guarantee to the republican form of government trump state sovereignty in these cases.

Kavanaugh’s appointment is likely to have a decisive impact moving the court to a more conservative position. A ruling on standing often the court’s inability to reach a definitive holding on the merits of a case. Thus, Gill probably indicates that the Court is deeply divided on the issue of gerrymandering. A right-leaning change in the compassion of the court is likely to endanger Judge Ripples 2011 decision and could have a significant impact on Wisconsin politics. If Kavanaugh is more conservative than Kennedy as expected Republicans may have an opportunity to cement their control over the Wisconsin legislature.

In short, Kavanaugh’s nomination to the Supreme Court has a special significance for Wisconsin. The makeup of our legislature will probably change if Kavanaugh is confirmed because Wisconsin has a heavily gerrymandered legislator. Lower federal courts have held this to be unconstitutional. However, the Supreme Court has been ambiguous on this issue. Kavanaugh, if elected, will likely move the court to the right overturning lower court decisions on the unconstitutionality of gerrymandering; handing permanent control of the legislator to the Republicans.

Share this:

  • Tweet
  • Email
  • Print

Popular Interests In This Article: Matthew Koch

Read More - Related Articles

  • Trump’s ‘New Deal for Blacks’ was Dealt From the Bottom of The Deck
  • Trump Gives Peace a Chance in Deciding to Meet with North Korea’s Leader
  • Wisconsin Lt Governor Candidate Mandela Barnes Looks to make a Change
  • Tis the Season … For Heartfelt Giving Year-Round
  • President Obama is on a Winning Streak
    President Obama is on a Winning Streak





Connect With Us

Become Our Fan On Facebook
Find Us On Facebook


Follow Us On Twitter
Follow Us On Twitter

Editorials

Karma Chavez
Amanda Zhang
Julianne Malveaux
Benjamin Chavis
George Curry

Journalists

Jacklin Bolduan
Brianna Rae
Aarushi Agni
Rob Franklin
Claire Miller

Topics

Brown Girl Green $
Young Gifted & Black
Universally Speaking
Ask Progress
Civil Rights

Topics

Police Shooting
Police Brutality
Black Lives Matter
NAACP
Racism

Politicians

Barack Obama
Hillary Clinton
Gwen Moore
Paul Soglin
Scott Walker

Contact Us

The Madison Times
313 West Beltline Hwy
Suite 132
Madison, WI 53713
608-270-9470

Copyright © 2023 Courier Communications. All Rights Reserved.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.