Democratic Party of Wisconsin v. Vos

Dist. Ct. did not err in dismissing for lack of Article III standing Plaintiffs’ (Democratic Party and several of its members) section 1983 action, alleging that defendants (members of Wisconsin legislature, current Wisconsin Governor and Attorney General and others) violated their rights under First Amendment, Equal Protection and Guarantee Clauses, where state legislature enacted two laws after 2018 election that stripped incoming Democratic Governor and Attorney General of various powers and vested Republican-controlled legislative committees with formerly-executive authority. Plaintiffs lacked standing to pursue instant action, where: (1) instant Wisconsin laws did not restrict plaintiffs’ conduct in any way; (2) contrary to plaintiff’s contention, instant action did not dilute their votes, since they were able to vote in 2018 election and their votes were counted; and (3) plaintiffs’ abstract interest in powers of Governor and Attorney General is mere nonjusticiable general interest that is common to all members of general public. Also, Democratic Party lacked associational standing where its members lacked standing to sue in their own right, and where instant laws did not target Party or formally restrict its ability to raise finds or otherwise meaningfully participate in elections. Fact that instant laws were motivated by partisan politics did not constitute federal constitutional injury. Plaintiffs also lacked standing on their Guarantee Clause action, which did not otherwise apply to issues regarding balance of power among branches of state government, where claim did not involve existential threat to republican form of government.