BARTLETT v. EVERS

No. 2019AP1376-OA.

945 N.W.2d 685 (2020)

2020 WI 68

Nancy BARTLETT, Richard Bowers, Jr. and Ted Keneklis, Petitioners, v. Tony EVERS, in his official capacity as Governor of the State of Wisconsin, Joel Brennan, in his official capacity as Secretary of the Wisconsin Department of Administration, Wisconsin Department of Administration, Craig Thompson, in his official capacity as Secretary of the Wisconsin Department of Transportation, Wisconsin Department of Transportation, Peter Barca, in his official capacity as Secretary of the Wisconsin Department of Revenue, and Wisconsin Department of Revenue, Respondents.

Supreme Court of Wisconsin.

Opinion Filed: July 10, 2020.


Attorney(s) appearing for the Case

For the petitioners, there were briefs filed by Richard M. Esenberg , Anthony LoCoco , Lucas T. Vebber , Luke N. Berg , and Wisconsin Institute for Law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg.

For the respondents, there were briefs filed by Colin T. Roth and Maura FJ Whelan , assistant attorneys general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Colin T. Roth.

An amicus curiae brief was filed on behalf of The Legislature by Misha Tseytlin , Kevin M. LeRoy , and Troutman Sanders LLP, Chicago, Illinois. There was an oral argument by Misha Tseytlin.

ROGGENSACK, C.J., filed an opinion concurring in part and dissenting in part. ANN WALSH BRADLEY, J., filed an opinion concurring in part and dissenting in part, in which DALLET, J., joined. KELLY, J., filed an opinion concurring in part and dissenting in part, in which REBECCA GRASSL BRADLEY, J. joined. HAGEGDORN, J., filed a concurring opinion, in which ZIEGLER, J., joined.


¶1 We review the petitioners' original action requesting a declaration that Governor Evers exceeded his constitutional authority to partially veto appropriation bills. The petitioners assert that four series of partial vetoes in 2019 Wis. Act 9—the state's 2019-21 biennial budget bill...

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