Editorials: Why the Wisconsin redistricting lawsuit will win | Matthew Flynn/Milwaukee Journal-Sentinel

I had the good fortune to serve as a law clerk to the Honorable Thomas E. Fairchild, chief judge of the United States Court of Appeals for the Seventh Circuit, the year after I graduated from the University of Wisconsin Law School. Fairchild was one of the most respected federal judges in the country, and many of his opinions are still cited as precedent. I once asked him the secret to courtroom advocacy, and he said “Matt, make me want you to win. If a judge wants you to win, the judge will find a way to do it.” The redistricting lawsuit pending in federal court is very likely to result in the court’s overturning the present imbalanced legislative districts, but not for the reasons most people think. The decision itself is likely to be couched in terms of “packing” (loading large Democratic majorities, usually minorities, in safe districts, resulting in overwhelming Democratic margins), and “cracking” (diluting the remaining Democratic votes in what could be competitive districts to ensure a Republican victory no matter whom the Democrats nominate). But the reasons why the three-judge panel will want the redistricting position to win are more profound.

Full Article: Why the redistricting lawsuit will win.

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