Here is my column that ran in the Washington County Daily News earlier this week.

There is an open secret in corporate America regarding consultants. While business leaders will sometimes hire consultants to actually study an issue and offer unbiased advice, perhaps more often than not, consultants are hired to tell the business leaders what they want to hear. This is exactly what is happening within the redistricting case before the Wisconsin Supreme Court.

 

Here is how the game is played: An executive knows they need to do something or wants to do something but either does not have support or does not want to take responsibility for the decision. The executive hires a consultant to “study” the issue and provide guidance with a wink and a nod. When the consultant miraculously comes back recommending that they do what the executive wanted, the executive can sell the decision to their bosses, employees, and customers as something “recommended by unbiased experts after rigorous study.” Consultants get paid. Executive gets what he or she wants.

 

When the leftists on the Wisconsin Supreme Court chose to violate the law and Constitution to throw out the legally implemented state legislative maps last year, they decided that they needed a fig leaf of legitimacy to force whatever new maps they draw. To that end, they went out and hired two consultants, Jonathan Cervas and Bernard Grofman. Both men are academics who have carved out a niche for themselves consulting on redistricting for clients all over the country. Both of these consultants will be paid $450 per hour up to $100,000 each for their work. It is a good side hustle if you can get it. The hiring process for these consultants was utterly opaque. There was no nationwide search for the best, most unbiased consultants. The leftists did not solicit input from any of the litigants in the case. There was no bidding process or price negotiation made public. We, the public, have absolutely no idea why these two consultants were selected or why we are paying them $450 per hour. The only thing we know is that the leftist court majority chose them.

 

The leftist court majority is getting exactly what they are paying for. In response to the court usurping the power of the Legislature and throwing out the state legislative maps, the court accepted six alternate proposals from interested parties. The six sets of maps were submitted by Legislative Republicans, the Wisconsin Institute for Law and Liberty, Governor Tony Evers, Democrat plaintiffs, Senate Democrats, and a group of academic mathematicians.

 

Last week, accompanied by a statement heavy with meaningless academic jargon, the consultants rejected the two maps submitted by Republicans and WILL — the only two maps submitted by someone who is not a fellow traveler of the leftist court majority. The consultants did not declare which map was most correct but left open the option to draw their own if asked to do so by the court.

 

Let me save everyone the drama of what is to come. We already know. The leftist court majority has made it clear that they will redraw the maps to favor the Democrats as much as possible. They have a fundamental belief that legislative representation should mirror the statewide popular vote – ignoring small-“r” republicanism that balances geographic and popular interests. Given that the leftists have the majority, they will impose maps that are heavily gerrymandered to favor Democrats.

 

The leftist justices want to maintain the fiction of impartiality and judicial objectivity. Yes, “fiction” is the correct word. To that end, one of two outcomes will happen. The court will choose the maps submitted by the mathematicians. This lets the leftists pretend that there is objective science behind the maps without accepting maps submitted by obviously biased Democrats.

 

The more likely outcome is that the leftist justices will toss out all of the submitted maps and charge the consultants to draw new maps. This gives them ultimate control over the outcome and covers their overt partisanship with a veneer of academic impartiality and objectivity. The mainstream media will announce their approval for the allegedly fair, in reality completely unfair, maps like the clapping barking seals they are.

 

The two consultants hired by the leftist court majority were hired to deliver maps that favor Democrats. That is exactly what is going to happen. In the end, given the billions of taxpayer dollars that are going to flow to leftist operatives and priorities as a result of this decision, $200,000 seems like a reasonable investment for them to make to maintain the fiction of a rule of law in Wisconsin.

My column for the Washington County Daily News is online and in print. Here’s a part:

There is an open secret in corporate America regarding consultants. While business leaders will sometimes hire consultants to actually study an issue and offer unbiased advice, perhaps more often than not, consultants are hired to tell the business leaders what they want to hear. This is exactly what is happening within the redistricting case before the Wisconsin Supreme Court.

 

Here is how the game is played: An executive knows they need to do something or wants to do something but either does not have support or does not want to take responsibility for the decision. The executive hires a consultant to “study” the issue and provide guidance with a wink and a nod. When the consultant miraculously comes back recommending that they do what the executive wanted, the executive can sell the decision to their bosses, employees, and customers as something “recommended by unbiased experts after rigorous study.” Consultants get paid. Executive gets what he or she wants.

 

When the leftists on the Wisconsin Supreme Court chose to violate the law and Constitution to throw out the legally implemented state legislative maps last year, they decided that they needed a fig leaf of legitimacy to force whatever new maps they draw. To that end, they went out and hired two consultants, Jonathan Cervas and Bernard Grofman. Both men are academics who have carved out a niche for themselves consulting on redistricting for clients all over the country. Both of these consultants will be paid $450 per hour up to $100,000 each for their work. It is a good side hustle if you can get it. The hiring process for these consultants was utterly opaque. There was no nationwide search for the best, most unbiased consultants. The leftists did not solicit input from any of the litigants in the case. There was no bidding process or price negotiation made public. We, the public, have absolutely no idea why these two consultants were selected or why we are paying them $450 per hour. The only thing we know is that the leftist court majority chose them.

 

[…]

 

The more likely outcome is that the leftist justices will toss out all of the submitted maps and charge the consultants to draw new maps. This gives them ultimate control over the outcome and covers their overt partisanship with a veneer of academic impartiality and objectivity. The mainstream media will announce their approval for the allegedly fair, in reality completely unfair, maps like the clapping barking seals they are.

 

The two consultants hired by the leftist court majority were hired to deliver maps that favor Democrats. That is exactly what is going to happen. In the end, given the billions of taxpayer dollars that are going to flow to leftist operatives and priorities as a result of this decision, $200,000 seems like a reasonable investment for them to make to maintain the fiction of a rule of law in Wisconsin.

Here is my full column that ran in the Washington County Daily News earlier this week.

The leftist-controlled Wisconsin Supreme Court is continuing its rampage to strip Wisconsinites of self-governance and reshape the state to their will. Where leftists could not win support for their ideology at the ballot box, they will use the power of the court to advance it.

 

Unless you are a political nerd, it is difficult to convey how bad the court is acting in regard to Wisconsin’s legislative maps. Article 4 section 3 of the Wisconsin Constitution is crystal clear that it is the duty and responsibility of the state legislature to redraw the state’s legislative boundaries every 10 years after the federal census. The maps are redrawn to adjust for population shifts to ensure that each district is roughly equal in population.

 

After the 2020 census, the Republican legislature did their duty and redrew the maps. Democrat Governor Evers vetoed them, and the Wisconsin Supreme Court ended up settling the issue. The maps were challenged multiple times in state and federal court, but the maps were universally ruled constitutional and went into effect for the 2022 election.

 

This was a settled issue. Leftists are frustrated that their supporters are concentrated in a couple of areas in the state. This results in Wisconsin being evenly politically divided in statewide elections, but since legislative districts are geographically dispersed, the leftists’ geographic concentration puts them at a disadvantage in legislative elections. This is why challenging the legislative maps was high on the list of things for the newly Leftists Supreme Court to redo.

 

Right before Christmas, the Supreme Court threw out all of the legislative maps and committed to redrawing them under their own authority, thus usurping the express power conferred to the Legislature in the constitution. The fig leaf they used to cover their overt power grab was that all of the districts were not physically contiguous. Wisconsin’s districts have not been physically contiguous for many decades, but that was their excuse. In fact, in 1992, a Democrat-led legislature drew maps without physically contiguous districts and a federal judicial panel ruled them constitutional. It is goofy, but it is not unconstitutional.

 

Even if one accepts that incontiguous districts are unconstitutional (they are not); and even if one considers the issue so egregious that it must be dealt with now and not at the next apportionment (it is not); the court could have taken the least disruptive action of just redrawing the relevant districts. They did not take the least disruptive action. Instead, they threw out all of the maps and are completely redrawing them in the middle of a presidential election year. The court’s actions reveal the depth of their power grab.

 

On Jan. 12, seven interested parties submitted new maps to the court for them to consider. According to a review by the Marquette University Law School, all seven maps still result in a Republican advantage for the Assembly. That is just how the political math works in an age of ideological ghettoization.

 

The Republicans would also have an advantage for the Senate in five of the seven submitted maps.

 

The Supreme Court does not have to use any of the submitted maps. They could just ignore them all and draw their own. One thing is certain, however: The new maps will maximize the advantage for Democrats even if districts are gerrymandered such that they will be renowned as a piece of abstract art. One need only look to our neighbors in Illinois to see the depths to which Democrats will gerrymander districts to their advantage.

 

But the deeper outrage of the leftist court’s actions is not the “what,” but the “who.” Our government of self-governance relies on the rule of law and the separation of powers. The leftists are rejecting both of these bedrock principles in one stroke. They are substituting ideology for law and brazenly snatching an express constitutional power from the legislative branch of government.

 

We are watching a judicial coup unfold before our eyes. These are menacing times.