MILWAUKEE BRANCH OF NAACP v. WALKER

No. 2012AP1652.

851 N.W.2d 262 (2014)

2014 WI 98

MILWAUKEE BRANCH OF the NAACP, Voces de la Frontera, Ricky T. Lewis, Jennifer T. Platt, John J. Wolfe, Carolyn Anderson, Ndidi Brownlee, Anthony Fumbanks, Johnnie M. Garland, Danettea Lane, Mary McClintock, Alfonso G. Rodriguez, Joel Torres and Antonio K. Williams, Plaintiffs-Respondents, v. Scott WALKER, Thomas Barland, Gerald C. Nichol, Michael Brennan, Thomas Cane, David G. Deininger and Timothy Vocke, Defendants-Appellants, Doris Janis, James Janis and Matthew Augustine, Intervenors-Co-Appellants.

Supreme Court of Wisconsin.

Decided July 31, 2014.


Attorney(s) appearing for the Case

For the defendants-appellants, the cause was argued by Clayton P. Kawski , assistant attorney general, with whom on the briefs (in the court of appeals) was Thomas C. Bellavia , Carrie M. Benedon , and Maria S. Lazar , assistant attorneys general; and J.B. Van Hollen , attorney general.

For the intervenors-co-appellants, the cause was argued by Michael T. Morley , Washington D.C.; with whom on the briefs (in the court of appeals) was Joseph Louis Olson and Michael Best & Friedrich LLP, Milwaukee.

For the plaintiffs-respondents, the cause was argued by Richard Saks , with whom on the brief (in the court of appeals) was B. Michele Sumara , and Hawks Quindel, S.C., Milwaukee.

An amicus curiae brief (in the court of appeals) was filed by Helen Marks Dicks and AARP Wisconsin, Madison; and Daniel B. Kohrman and AARP Foundation Litigation, Washington, D.C., on behalf of AARP.

An amicus curiae brief (in the court of appeals) was filed by Jennifer A. Lohr , Madison, on behalf of Disability Rights Wisconsin.

An amicus curiae brief (in the court of appeals) was filed by Rebecca K. Mason and Rebecca Mason Law LLC, Racine, on behalf of Institute for One Wisconsin, Inc.

An amicus curiae brief was filed by Kristin M. Kerschensteiner , Madison, on behalf of Disability Rights Wisconsin.


PATIENCE DRAKE ROGGENSACK, J.

¶ 1 This appeal arises from a judgment of the Dane County Circuit Court1 granting declaratory and injunctive relief based on the circuit court's conclusion that 2011 Wis. Act 23, Wisconsin's voter photo identification act, violates the Wisconsin Constitution.

¶ 2 Plaintiffs challenge Act 23 under Article III, Section 1 of the Wisconsin Constitution.2 They contend...

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