WISCONSIN JUSTICE INITIATIVE, INC., a Wisconsin nonstock corporation, Jacqueline E. Boynton, Jerome F. Buting, Craig R. Johnson and Fred A. Risser, Plaintiffs-Respondents,
v.
WISCONSIN ELECTIONS COMMISSION, Ann S. Jacobs, in her official capacity as Chair of the Wisconsin Elections Commission, Douglas La Follette, in his official capacity as Secretary of State of Wisconsin, and Josh Kaul, in his official capacity as Attorney General of Wisconsin, Defendants-Appellants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral Argument: September 6, 2022.
Opinion Filed: May 16, 2023.
Attorney(s) appearing for the Case
For the defendants-appellants, there were briefs filed by Jody J. Schmelzer and Hannah S. Jurss , assistant attorneys general, with whom on the briefs was Joshua L. Kaul , attorney general. There was an oral argument by Hannah S. Jurss, assistant attorney general.
For the plaintiffs-respondents, there was a brief filed by Dennis M. Grzezinski and the Law Office of Dennis M. Grzezinski, Milwaukee. There was an oral argument by Dennis M. Grzezinski.
An amicus curiae brief was filed by Mike Wittenwyler , Kendall W. Harrison , Maxted M. Lenz , and Godfrey & Kahn, S.C., Madison, for Marsy's Law for Wisconsin, L.L.C., Mothers Against Drunk Driving, Wisconsin Victim/Witness Professionals Association, Wisconsin Chiefs of Police Association, Milwaukee Police Association, Wisconsin Professional Police Association, Bolton Refuge House, Inc., Golden House, Inc., Unidos Against Domestic Violence, New Day Advocacy Center, and Eau Claire Area Hmong Mutual Assistance Association, Inc.
An amicus curiae brief was filed by Scott E. Rosenow and WMC Litigation Center, Madison, for Wisconsin Manufacturers & Commerce, Inc.
An amicus curiae brief was filed by Katie R. York , appellate division director, with whom on the brief was Kelli S. Thompson , Milwaukee, state public defender, for the Wisconsin State Public Defender.
HAGEDORN, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ROGGENSACK, and REBECCA GRASSL BRADLEY, JJ., joined, and in which DALLET and KAROFSKY, JJ., joined with respect to ¶¶58-59 and 61-65. REBECCA GRASSL BRADLEY, J., filed a concurring opinion in which ZIEGLER, C.J., and ROGGENSACK, J., joined. DALLET, J., filed a concurring opinion in which KAROFSKY, J., joined, and in which ANN WALSH BRADLEY, J., joined with respect to ¶¶93-122. HAGEDORN, J., filed a concurring opinion in which DALLET, J., joined with respect to ¶¶137-150. ANN WALSH BRADLEY, J., filed a dissenting opinion.
BRIAN HAGEDORN, J.
¶1 When the Wisconsin Constitution was adopted in 1848, it included a process enabling amendments—an act the people of Wisconsin have seen fit to do almost 150 times. A proposed amendment must be approved by a majority of both houses of the legislature in two successive legislative sessions. Wis. Const. art. XII, ...
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