SERVICE EMPLOYEES INT'L UNION v. VOS

No. 2019AP614-LV & 2019AP622.

946 N.W.2d 35 (2020)

2020 WI 67

SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU), LOCAL 1, SEIU Healthcare Wisconsin, Milwaukee Area Service and Hospitality Workers, AFT-Wisconsin, Wisconsin Federation of Nurses and Health Professionals, Ramon Argandona, Peter Rickman, Amicar Zapata, Kim Kohlhaas, Jeffrey Myers, Andrew Felt, Candice Owley, Connie Smith and Janet Bewley, Plaintiffs-Respondents, v. Robin VOS, in his official capacity as Wisconsin Assembly Speaker, Roger Roth, in his official capacity as Wisconsin Senate President, Jim Steineke, in his official capacity as Wisconsin Assembly Majority Leader and Scott Fitzgerald, in his official capacity as Wisconsin Senate Majority Leader, Defendants-Appellants, Josh Kaul, in his official capacity as Attorney General of the State of Wisconsin and Tony Evers, in his official capacity as Governor of the State of Wisconsin, Defendants-Respondents.

Supreme Court of Wisconsin.

Opinion Filed: July 9, 2020.


Attorney(s) appearing for the Case

For the defendants-appellants, there were briefs filed by Misha Tseytlin and Troutman Sanders LLP, Chicago, Illinois, and Eric M. McLeod , Lisa M. Lawless and Husch Blackwell LLP, Madison. There was an oral argument by Misha Tseytlin.

For the plaintiffs-respondents, there was a brief filed by Nicole G. Berner , Claire Prestel , John M. D'Elia and Service Employees International Union, Washington, D.C.; Timothy E. Hawks , Barbara Z. Quindel and Hawks Quindel, S.C., Milwaukee; Jeremy P. Levinson , Stacie H. Rosenzweig and Halling & Cayo, S.C., Milwaukee; David Strom and American Federation of Teachers, Washington, D.C.; and Matthew Wessler and Gupta Wessler PLLC, Washington, D.C. There was an oral argument by Matthew Wessler.

For the defendants-respondents, there were briefs filed by Lester A. Pines , Tamara B. Packard , Christa O. Westerberg , Leslie A. Freehill , Beauregard W. Patterson and Pines Bach LLP, Madison; Joshua L. Kaul , attorney general, Thomas C. Bellavia , assistant attorney general and Colin T. Roth , assistant attorney general. There was an oral argument by Joshua L. Kaul and Lester A. Pines.

An amicus curiae brief was filed on behalf of Wisconsin Law and Liberty, Inc. by Richard M. Esenberg , CJ Szafir , Lucas T. Vebber and Anthony LoCoco , Milwaukee.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers & Commerce by Corydon J. Fish , Madison.

The opinion of the court is being announced in two writings. HAGEDORN, J., delivered a majority opinion of the Court addressing all issues other than the provisions of 2017 Wis. Act 369 concerning guidance documents. This is a majority opinion of the Court with respect to Part II.E.2.-4., in which all Justices joined; and a majority opinion of the Court with respect to Parts I, II.A.-D., II.E.1., and III, in which ROGGENSACK, C.J., ZIEGLER, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined. KELLY, J., delivered a majority opinion of the Court with respect to the provisions of 2017 Wis. Act 369 concerning guidance documents, in which ANN WALSH BRADLEY, REBECCA GRASSL BRADLEY, and DALLET, JJ., joined. ROGGENSACK, C.J., filed an opinion concurring in part and dissenting in part. DALLET, J., filed an opinion concurring in part and dissenting in part, in which ANN WALSH BRADLEY, J., joined. HAGEDORN, J., filed an opinion concurring in part and dissenting in part, in which ZIEGLER, J., joined.


¶1 Under our constitutional order, government derives its power solely from the people. Government actors, therefore, only have the power the people consent to give them. The Wisconsin Constitution is the authorizing charter for government power in Wisconsin. And that document describes three—and only three—...

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