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DEMOCRATIC NAT. COMMITTEE v. BOSTELMANN

No. 2020AP1634-CQ.

949 N.W.2d 423 (2020)

2020 WI 80

DEMOCRATIC NATIONAL COMMITTEE, Democratic Party of Wisconsin, Sylvia Gear, Chrystal Edwards and Jill Swenson, Plaintiffs-Appellees, v. Marge BOSTELMANN, Julie M. Glancey, Dean Knudson, Mark L. Thomsen and Robert Spindell, Jr., Defendants, Republican Party of Wisconsin, Republican National Committee and Wisconsin State Legislature, Intervening Defendants-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: October 6, 2020.

Attorney(s) appearing for the Case

For the plaintiffs-appellees, there were briefs filed by Charles G. Curtis, Jr. , Michelle M. Umberger , Sopen B. Shah and Perkins Coie LLP, Madison; Marc E. Elias (pro hac vice), Bruce V. Spiva (pro hac vice), John Devaney (pro hac vice), Amanda R. Callais (pro hac vice), Zachary J. Newkirk (pro hac vice) and Perkins Coie LLP, Washington D.C.; Jeffrey A. Mandell , Douglas M. Poland and Stafford Rosenbaum LLP, Madison; Joseph S. Goode , Mark M. Leitner and Laffey, Leitner & Goode LLC, Milwaukee; Jay A. Urban and Urban & Taylor, S.C., Milwaukee; Stacie H. Rosenzweig and Halling & Cayo, S.C., Milwaukee and Rebecca L. Salawdeh and Salawdeh Law Office, LLC, Wauwatosa.

For the intervening defendants-appellants Wisconsin State Legislature, there were briefs filed by Misha Tseytlin , Kevin M. LeRoy and Troutman Pepper Hamilton Sanders LLP, Chicago.

An amicus curiae brief was filed on behalf of Tony Evers, Governor of the State of Wisconsin and the Office of the Wisconsin Attorney General by Eric J. Wilson , deputy attorney general, Colin T. Roth , assistant attorney general and Thomas C. Bellavia , assistant attorney general, Madison.

An amicus curiae brief was filed on behalf of Service Employees International Union (SEIU) Local 1 and SEIU Healthcare Wisconsin by Kyle A. McCoy and Soldon McCoy, LLC, Middleton and Matthew Wessler (pro hac vice) and Gupta Wessler PLLC, Washington, D.C.

HAGEDORN, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., ZIEGLER, and REBECCA GRASSL BRADLEY, JJ., joined. DALLET, J., filed a dissenting opinion, in which ANN WALSH BRADLEY and KAROFSKY, JJ., joined.

¶1 The Seventh Circuit Court of Appeals has certified the following question to this court: "whether, under Wis. Stat. § 803.09(2m), the Wisconsin Legislature has the authority to represent the State of Wisconsin's interest in the validity of state laws." We answer the question in the affirmative. The plain language...

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