Wisconsin Supreme Court Rules Extraordinary Session Laws Constitutional in League of Women Voters Decision

In a 4-3 decision on June 21, the Wisconsin Supreme Court affirmed that the Legislature’s 2018 extraordinary session was constitutional in League of Women Voters v. Evers (2019 WI 75), thus upholding 2017 Acts 368, 369, and 370 and the confirmation of 82 appointments.   Background The Wisconsin Legislature passed three laws limiting the power […]

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Wisconsin Supreme Court Reinstates Extraordinary Session Laws in SEIU Case

On June 11, the Wisconsin Supreme Court granted a stay on the temporary injunction in the extraordinary session challenge SEIU v. Vos, reinstating provisions of the legislation that had been blocked by a Dane County Circuit Court. Additionally, the Supreme Court stayed proceedings on the case in the lower court, cancelling the trial on guidance document […]

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2020 Wisconsin Supreme Court Candidates Taking Shape

Three candidates have announced they will run for the Wisconsin Supreme Court in the April 2020 election. Conservative Justice Daniel Kelly announced on May 28 that he will run to keep his seat. Challenging him so far are liberal candidates Dane County Judge Jill Karofsky and Marquette University Law School Professor Ed Fallone. A primary […]

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Wisconsin Supreme Court Hears Oral Arguments in First Extraordinary Session Challenge

In its last oral arguments of the 2018-19 term, the Wisconsin Supreme Court heard a case that will decide whether the Legislature constitutionally convened the December 2018 extraordinary session. The issue in League of Women Voters v. Evers is whether extraordinary sessions are “provided by law” as required by Wisconsin Constitution Art. IV § 11. […]

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Legislature to Intervene in Act 21 Cases

The Legislature’s Joint Committee on Legislative Organization has voted to intervene in two cases addressing the application of 2011 Act 21. The 2011 legislation clarified that agencies may not enforce requirements unless explicitly permitted by statute or properly promulgated rule. The two cases, both titled Clean Wisconsin, Inc. v. DNR, would clarify the general scope […]

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Wisconsin Supreme Court Considers Whether DPI and Superintendent Violated REINS Act

The Wisconsin Supreme Court heard arguments on April 10 in one of the more important cases of the term, Koschkee v. Evers. The case presents important state constitutional issues centered on whether the Department of Public Instruction and Superintendent of Public Instruction violated the 2017 Regulations from the Need of Scrutiny Act (REINS Act). The […]

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Spring Elections: Brian Hagedorn Wins Supreme Court Race

In the only statewide race in the Wisconsin 2019 spring elections, Court of Appeals Judge Brian Hagedorn beat Court of Appeals Chief Judge Lisa Neubauer for an open seat on the Wisconsin Supreme Court. However, Hagedorn won by close to 6,000 votes, leaving open the possibility of a recount. Judge Neubauer has not officially conceded […]

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Justice Rebecca Dallet Sworn In To Wisconsin Supreme Court

On Aug. 6, Justice Rebecca Dallet was sworn into office as a justice on the Wisconsin Supreme Court. Dallet’s 10-year term will expire on July 31, 2028. Liberal Dallet, a former Milwaukee County circuit court judge, defeated conservative candidate Judge Michael Screnock in an April election. Dallet replaces conservative Justice Michael Gableman on the bench, […]

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Judge Hagedorn Announces Run for Wisconsin Supreme Court

2nd District Court of Appeals Judge Brian Hagedorn has announced his candidacy for Wisconsin Supreme Court. Hagedorn is running for the seat that will be vacated by Justice Shirley Abrahamson’s retirement in 2019. Justice Abrahamson announced in May she will not run for re-election after four terms on the bench. Court of Appeals Chief Judge Lisa Neubauer (also […]

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Supreme Court Upholds $750,000 Limit on Noneconomic Damages in Med Malpractice Cases

The Wisconsin Supreme Court in a 5-2 decision (Mayo v. Wisconsin Injured Patients and Families Compensation Fund) has upheld Wisconsin’s $750,000 limit on noneconomic damages in medical malpractice cases. The Court determined that the cap is constitutional because the legislature had a rational basis in enacting the cap statute to ensure affordable and accessible health care […]

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