ST. AUGUSTINE SCHOOL v. TAYLOR

No. 2021AP265-CQ.

961 N.W.2d 635 (2021)

2021 WI 70

ST. AUGUSTINE SCHOOL, Joseph Forro and Amy Forro, Plaintiffs-Appellants, v. Carolyn Stanford TAYLOR, in her official capacity as Superintendent of Public Instruction, Tony Evers, in his official capacity as Superintendent of Public Education, terminated 2/14/20 and Friess Lake School District, Defendants-Appellees.

Supreme Court of Wisconsin.

Opinion Filed: July 2, 2021.


Attorney(s) appearing for the Case

For the plaintiffs-appellants, there were briefs filed by Richard M. Esenberg , Brian McGrath , Anthony LoCoco , and Wisconsin Institute for law & Liberty, Milwaukee. There was an oral argument by Richard M. Esenberg .

For the defendants-appellees Friess Lake School District, there was a brief filed by Lori M. Lubinsky , Danielle B. Tierney and Axley Brynelson, LLP, Madison.

For the defendant-appellee Superintendent Carolyn Stanford Taylor, there was a brief filed by Hannah S. Jurss , assistant attorney general; with whom on the brief was Joshua L. Kaul , attorney general. There was an oral argument by Hanna S. Jurss .

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


¶1 This case is before the court on a certified question from the United States Court of Appeals for the Seventh Circuit. See Wis. Stat. § 821.01 (2019-20).1 Explaining that the question boils down to one of methodology, it certified the following question:

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