Wisconsin won't get back any of its $3.7 million in legal bills in gerrymandering case

MADISON - Democrats who lost a lawsuit over Republican-friendly election maps won't have to help cover the state's legal bills, a panel of three federal judges ruled Thursday. 

Drawing the maps and defending them in court have cost Wisconsin taxpayers more than $3.7 million since 2011, according to legal bills.   

"We conclude that justice is best served by leaving each side to bear their own costs," the judges wrote. 

Republicans controlled all of state government in 2011 and they drew legislative and congressional maps that year that gave them an advantage in elections. 

Democratic voters brought two lawsuits. The first one resulted in changes to two Assembly districts on Milwaukee's south side. Judges threw out the second one this summer after the U.S. Supreme Court determined that federal courts can't consider allegations that election maps unfairly favor one political party over another.

Republican lawmakers and other Wisconsin officials argued the Democrats who brought the second lawsuit should have to cover a portion of the state's legal costs. The lawmakers argued the state should be able to recover some of its money because the Democrats persisted with the litigation even when they knew the Supreme Court was likely to issue a decision that would bear on their lawsuit.

The judges Thursday rejected that idea, noting that for decades the Supreme Court had left open the possibility that election maps could be struck down if they were too partisan. 

"It was not unreasonable for plaintiffs to seek redress in the federal courts," the judges wrote. 

The decision was issued by James Peterson, a district judge in Madison; William Griesbach, a district judge in Green Bay; and Kenneth Ripple, a 7th Circuit appeals judge. 

Peterson was appointed by President Barack Obama, Greisbach by President George W. Bush and Ripple by President Ronald Reagan.  

Assembly Speaker Robin Vos, R-Rochester, is considering an appeal, he said through a spokesman.

Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.