Supreme Court Candidates Debate at Forum

On Nov. 19, all three candidates running in the spring Wisconsin Supreme Court election met for the first forum of the campaign. The winner of the spring election will serve a ten-year term beginning in 2020. Two candidates – Dane County Circuit Court Judge Jill Karofsky and Marquette University Law School professor Ed Fallone – […]

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Supreme Court Holds Oral Arguments in Second Extraordinary Session Challenge

On Oct. 21, the Wisconsin Supreme Court held oral arguments in the second challenge in state courts to the laws passed in the 2018 extraordinary session (2017 Acts 368, 369, and 370). The plaintiffs, Service Employees International Union, Wisconsin Federation of Nurses and Health Professionals, American Federation of Teachers-Wisconsin, and Milwaukee Area Service and Hospitality […]

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Federal Extraordinary Session Case Dismissed

The U.S. District Court for the Western District of Wisconsin recently dismissed DPW v. Vos, the federal case challenging the 2018 extraordinary session laws. The Democratic Party of Wisconsin (DPW) had filed a complaint in February seeking to declare the extraordinary session legislation in violation of the U.S. Constitution. DPW alleged that the legislation violates the […]

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Legislature Files Lawsuit Against AG to Enforce Extraordinary Session Laws

Republican legislative leadership have filed a petition for original action in the Wisconsin Supreme Court, seeking to enforce sections of the 2018 extraordinary legislation that require legislative oversight of attorney general settlements. The Legislature’s petition and memo in support state that Attorney General Josh Kaul reads the 2017 Act 369 settlement review provisions as not […]

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Wisconsin Supreme Court Rules DPI and Superintendent Must Comply With Act 21 and REINS Act

In one of the more important cases of the 2018-19 term, the Wisconsin Supreme Court ruled on June 25 in Koschkee v. Taylor (2019 WI 76) that the Department of Public Instruction and Superintendent of Public Instruction must comply with rulemaking requirements in the 2017 Regulations from the Executive in Need of Scrutiny Act (REINS […]

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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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