Attorney(s) appearing for the Case
For the petitioners, there was an opening brief filed by Richard M. Esenberg , Anthony LoCoco , Lucas T. Vebber , Luke N. Berg , Elisabeth Sobic and Wisconsin Institute for Law & Liberty, Milwaukee; with whom on the brief was Misha Tseytlin , Kevin M. LeRoy , Troutman Pepper , and Hamilton Sanders LLP, Chicago, Illinois; with whom on the brief was Andrew M. Bath and Thomas More Society, Chicago, Illinois; with whom on the brief was Erick Kaardal and Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota; with whom on the brief was Joseph W. Voiland and Veterans Liberty Law, Cedarburg; with whom on the brief was Brent Eisberner and Levine Eisberner LLC, Madison; with whom on the brief was Bernardo Cueto , Onalaska. There was an oral argument by Richard M. Esenberg , Misha Tseytlin , and Joseph W. Voiland .
For the respondent, there was a brief filed by Remzy D. Bitar , Sadie R. Zurfluh , and Municipal and Litigation Group, Waukesha. There was an oral argument by Remzy D. Bitar .
For the petitioners Wisconsin Council of Religious and Independent Schools, et al., there was a reply brief filed by Richard M. Esenberg , Anthony LoCoco , Luke N. Berg , Elisabeth Sobic , and Wisconsin Institute for Law & Liberty, Milwaukee.
For the petitioners St. Ambrose Academy, Inc. et al., there was a reply brief filed by Misha Tseytlin , Kevin M. LeRoy , and Troutman Pepper Hamilton Sanders LLP, Chicago, Illinois; with whom on the brief was Andrew M. Bath and Thomas More Society, Chicago, Illinois; with whom on the brief was Erick Kaardal and Mohrman, Kaardal & Erickson, P.A., Minneapolis, Minnesota.
An amicus curiae brief was filed on behalf of Attorney General Josh Kaul by Colin A. Hector , assistant attorney general, and Colin T. Roth , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general.
An amicus curiae brief was filed on behalf of Institute for Justice by Lee U. McGrath , Minneapolis, Minnesota; with whom on the brief was Milad Emam , Arlington, Virginia.
An amicus curiae brief was filed on behalf of Freedom from Religion Foundation by Brendan Johnson , Patrick C. Elliott , and Freedom From Religion Foundation, Inc., Madison.
An amicus curiae brief was filed on behalf of State Superintendent of Public Instruction Carolyn Stanford Taylor and Wisconsin Department of Public Instruction by Heather Curnutt , Madison.
An amicus curiae brief was filed on behalf of City of Milwaukee by Tearman Spencer , city attorney, and Gregory P. Kruse , city attorney.
An amicus curiae brief was filed on behalf of Madison Metropolitan School District and Monona Grove School District by Sheila M. Sullivan , Melita M. Mullen , and Bell, Moore & Richter, S.C., Madison.
An amicus curiae brief was filed on behalf of Madison Teachers Inc., Wisconsin Association of Local Health Departments and Boards, Wisconsin Education Association Council, Milwaukee Teachers' Education Association, Racine Educators United, Kenosha Education Association, and Green Bay Education Association by Diane M. Welsh , Aaron G. Dumas , and Pines Bach LLP, Madison.
An amicus curiae brief was filed on behalf of Governor Tony Evers and Secretary-Designee of Department of Health Services Andrea Palm by Sopen B. Shah and Perkins Coie LLP, Madison.
An amicus curiae brief was filed on behalf of Wisconsin Faith Voices for Justice by Barry J. Blonien , Tanner Jean-Louis , and Boardman & Clark LLP, Madison.
An amicus curiae brief was filed on behalf of Liberty Justice Center, Alaska Policy Forum, Pelican Institute For Public Policy, Roughrider Policy Center, Nevada Policy Research Institute, and Rio Grande Foundation by Daneil R. Suhr , Reilly Stephens , and Liberty Justice Center, Chicago, Illinois.
An amicus curiae brief was filed on behalf of League of Wisconsin Municipalities by Claire Silverman and Maria Davis , Madison.
REBECCA GRASSL BRADLEY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., and ROGGENSACK, J., joined; and in which HAGEDORN joined except for footnote 18. HAGEDORN, J., filed a concurring opinion. DALLET, J., filed a dissenting opinion in which ANN WALSH BRADLEY and KAROFSKY, JJ., joined.
REBECCA GRASSL BRADLEY, J.
¶1 Exercising our original jurisdiction under Article VII, Section 3(2) of the Wisconsin Constitution,1 we consolidate and review three cases challenging the authority of Janel Heinrich, in her capacity as a local health officer of Public Health of Madison and Dane County (PHMDC), to issue...
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