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Tuesday, July 19, 2011

 3:29 PM 

Senate approves new process for challenges to redistricting legislation

The Senate voted 19-14 to approve legislation laying out a new process for legal challenges in state court to redistricting legislation.

It would require the state Supreme Court to appoint a three-judge panel to hear any challenges. No party make seek to substitute any of the judges.

The original bill would require any appeals of the panel’s decision to be heard directly by the Supreme Court. The legislation was amended to say the court may decide to hear any appeals.

Sen. Fred Risser, D-Madison, questioned who would hear an appeal of the panel’s decision if the Supreme Court declined to do so.

Some had raised constitutional concerns about the Legislature ordering the Supreme Court to hear an appeal, suggesting it violated the separation of powers. Risser said the amendment appeared to try addressing that, but said it still raised separation of powers issues.


Comments: 1

At July 19, 2011 at 4:25 PM, OpenID wisconsin factcheck said...

Re: Separation of powers. So... in FitzWalkerstan the Supreme Court can not tell the state legislature how to do its business (see: meetings, open), but the state legislature can tell the Supreme Court how to do its business (see: redistricting, rushed).

 

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