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WAITY v. LEMAHIEU

No. 2021AP802.

969 N.W.2d 263 (2022)

2022 WI 6

Andrew WAITY, Judy Ferwerda, Michael Jones and Sara Bringman, Plaintiffs-Respondents, v. Devin LEMAHIEU, in his official capacity and Robin Vos, in his official capacity, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Opinion Filed: January 27, 2022.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners, there were briefs filed by Misha Tseytlin , Kevin M. LeRoy and Troutman Pepper Hamilton Sanders, Chicago. There was an oral argument by Misha Tseytlin.

For the plaintiffs-respondents, there was a brief filed by Lester A. Pines , Tamara B. Packard , Aaron G. Dumas , Leslie A. Freehill , Beauregard W. Patterson and Pines Bach LLP, Madison. There was an oral argument by Lester A. Pines.

There was an amicus curiae brief filed on behalf of Wisconsin Democracy Campaign by Jeffrey A. Mandell , Douglas M. Poland and Stafford Rosenbaum LLP, Madison; and Mel Barnes and Law Forward, Inc.

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

¶ 1 This case is before the court on bypass pursuant to Wis. Stat. § (Rule) 809.60 (2019-20).1 On bypass, we review an order of the Dane County circuit court,2 Waity v. LeMahieu, No. 2021CV589 (Dane Cnty. Cir. Ct. Apr. 29, 2021...

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