League of Women Voters of Wisconsin v. Tony Evers

Appeal Number 2019AP000559

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
07-29-2019
Remittitur

OCCD
SC
07-25-2019
Costs Taxed

OCCD
SC
07-03-2019
Statement on Costs Filed
Comment: by the Intervening Defendant-Appellant Wisconsin Legislature

OCCD
SC
06-21-2019
Cites
387 Wis. 2d 511

OCCD
SC
06-21-2019
Cites
929 N.W.2d 209

OCCD
SC
06-21-2019
Judge Panel: Roggensack, Abrahamson, Bradley, Ziegler, Bradley, Kelly, Dallet
Opinion: Opinion
Decision: Vacated Pages: 25
Dallet, Rebecca F. Wrote Dissenting Opinion 11 pages.
Abrahamson, Shirley S. Joined Dissenting Opinion
Bradley, Ann Walsh Joined Dissenting Opinion
Order Text: Order of the circuit court is vacated and the cause is remanded for dismissal.
Comment: Opinion/Decision

OCCD
SC
06-20-2019
Public Domain Citation
Comment: PDC No: 2019 WI 75

OCCD
SC
05-15-2019
Oral Argument
Comment: at 9:45 a.m. Attorney Misha Tseytlin for INV-DEF-APP, Attorney Jeffrey A. Mandell for PLA-RES, Attorney Tamara Packard for DEF-RES.

OCCD
SC
05-13-2019
Briefs Received At State Law Library

OCCD
SC
05-07-2019
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Misha Tseytlin

OCCD
SC
05-06-2019
Filed By: Robert Lee
Comment: Sustain Rural Wisconsin Network, River Alliance of Wisconsin, Friends of the Lower Wisconsin Riverway, and Milwaukee Riverkeeper

OCCD
SC
05-06-2019
Filed By: Barry Blonien
Comment: Legal Scholars

OCCD
SC
05-06-2019
Filed By: Harold Harlowe
Comment: Law School Professors.

OCCD
SC
05-06-2019
Filed By: Corydon Fish
Comment: Wisconsin Manufacturers & Commerce

OCCD
SC
05-06-2019
Filed By: Jeanne Armstrong
Comment: Wisconsin Democracy Campaign

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Jeanne Armstrong
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Wisconsin Democracy Campaign

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Kyle McCoy
Submit Date: 5-3-2019
Decision: (D) Deny
Decision Date: 5-7-2019
IT IS ORDERED that the motion is denied.
ANN WALSH BRADLEY, J., dissenting
Comment: Sheehan Donoghue

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Corydon Fish
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: re: Wisconsin Manufacturers & Commerce

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Barry Blonien
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: re: Legal Scholars; motion is unsigned, per ph call to Atty Blonien he will deliver signed copies

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Harold Harlowe
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: re: Legal Scholars (Law School Professors)

OCCD
SC
05-03-2019
Motion for Pro Hac Vice status
Filed By: Harold Harlowe
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: re: Atty Daniel Hemel

OCCD
SC
05-03-2019
Motion to File Amicus/Non-Party Brief
Filed By: Robert Lee
Submit Date: 5-3-2019
Decision: (G) Grant
Decision Date: 5-6-2019
ORD that the motions for leave to file non-party briefs amicus curiae identified above are granted and the briefs are accepted for filing. FRO that the motion for admission of Daniel Hermel pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving party's order.
Comment: Sustain Rural Wisconsin Network, River Alliance of Wisconsin, Friends of the Lower Wisconsin Riverway, and Milwaukee Riverkeeper

OCCD
CA
05-02-2019
Fee Paid
Comment: Invoice No: 19045; Receipt No: 19R 001208

OCCD
SC
05-02-2019
Caption Amended
Comment: Amended to remove the word "of" from Disability Rights Wisconsin, Inc.

OCCD
CA
05-02-2019
Invoice Issued
Comment: Invoice No: 19045

OCCD
SC
05-01-2019
Caption Amended
Comment: see LTR entry of 4/30/19

OCCD
CA
05-01-2019
Fee Paid
Comment: Invoice No: 19041; Receipt No: 19R 001190

OCCD
CA
05-01-2019
Invoice Issued
Comment: Invoice No: 19041

OCCD
SC
04-30-2019
Letter/Correspondence
Comment: From Atty Mandell re: case caption; caption amended as proposed 5/1/19, amendment notices issued 5/1/19.

OCCD
SC
04-30-2019
No Brief to Be Filed
Comment: Per letter from AAG Roth, WI Dept. of Justice does not intend to file a brief in response to the Wisconsin Legislature's opening brief. No Brief to Be Filed by the WI Dept. of Justice

OCCD
SC
04-30-2019
Response Brief-Supreme Court
Response Brief-Supreme Court - Tony Evers
Filed By: Tamara Packard
Comment: Tony Evers

OCCD
SC
04-30-2019
Filed By: Jeffrey Mandell
Comment: The League of Women Voters, Disability Rights of Wisconsin, Inc., Black Leaders Organizing for Communities, Guillermo Aceves, Michael J. Cain, John S. Greene & Michael Doyle. Note that the caption has been corrected on this brief.

OCCD
SC
04-23-2019
Motion to File Amicus/Non-Party Brief
Filed By: Richard Esenberg
Submit Date: 4-23-2019
Decision: (D) Deny
Decision Date: 4-25-2019
ORD that the motion is denied.
Comment: re: Former Lieutenant Governor Margaret Farrow, Speak of the Assembly Scott Jensen, State Senators Terry Moulton and Leah Vukmir, and Representatives to the Assembly Garey Bies, Adam Jarchow, and Jesse Kremer

OCCD
SC
04-18-2019
Fee Paid
Comment: Invoice No: 19055; Receipt No: 19R 001049

OCCD
SC
04-18-2019
Invoice Issued
Comment: Invoice No: 19055

OCCD
SC
04-17-2019
Attorney Change
Comment: AAG Thomas C. Bellavia added as interested party counsel for DOJ per letter.

OCCD
SC
04-16-2019
Motion to File Amicus/Non-Party Brief
Filed By: Michael Dean
Submit Date: 4-16-2019
Decision: (D) Deny
Decision Date: 4-16-2019
ORD that the motion is denied. This court has generally denied motions for leave to file non-party briefs amicus curiae where the movant has a personal interest in the matter pending before this court. Ms. Maxwell has a personal interest in the outcome of this matter. SHIRLEY S. ABRAHAMSON, J., dissents.
Comment: re: Georgia E. Maxwell (with brief in support)

OCCD
CA
04-16-2019
Hold Status

OCCD
SC
04-15-2019
Assigned-Oral Argument

OCCD
SC
04-15-2019
Assigned-Oral Argument

OCCD
SC
04-15-2019
Court Changed to Supreme Court

OCCD
SC
04-15-2019
Motion to File Amicus/Non-Party Brief
Filed By: Corydon Fish
Submit Date: 4-15-2019
Decision: (G) Grant
Decision Date: 4-16-2019
ORD that the motion is granted and the non-party brief is accepted for filing.
Comment: Motion for Leave to File a Non-Party Brief in Support of Intervening Defendant-Appellant-Petitioner's Emergency Petition for Immediate Temporary Relief of Intervening Defendant-Appellant Petitioner Wisconsin Legislature and accompanying Non-Party Brief of Wisconsin Manufacturers & Commerce in Support of Intervening Defendant-Appellant-Petitioner's Emergency Petition for Immediate Temporary Relief of Intervening Defendant-Appellant-Petitioner Wisconsin Legislature

OCCD
CA
04-15-2019
Pro Hac Vice Letter

OCCD
SC
04-15-2019
Other Papers
Comment: Rec'd copy of circuit court order granting Attys Lawrence S. Robbins, Carolyn Forstein, Wendy Liu, Benjamin Berwick, Jessica Marsden, Deana K. El-Mallawany and Kristy Parker pro hac vice admission in the circuit court.

OCCD
SC
04-11-2019
Court Order
ORD that any responses to the motion for emergency temporary relief in Case No. 2019AP559 shall be filed with the clerk of this court by 3:00 p.m. on Monday, April 15, 2019. FRO that any responses to the petition for original action/supervisory writ in Case No. 2019AP673-OA shall be filed with the clerk of this court by 4:00 p.m. on Tuesday, April 16, 2019.

OCCD
SC
04-10-2019
Motion for Stay
Filed By: Misha Tseytlin
Submit Date: 4-15-2019
Decision: (G) Grant
Decision Date: 4-30-2019
IT IS ORDERED that the motion of the Intervening Defendant-Appellant, Wisconsin Legislature, for temporary relief pending appeal is granted in part, as set forth below; and

IT IS FURTHER ORDERED that the court of appeals' March 27, 2019 stay of the portion of the Dane County circuit court's March 21, 2019 order in Dane County Case No. 19CV84 that enjoined enforcement of any provision of 2017 Wisconsin Act 368, 2017 Wisconsin Act 369, and 2017 Wisconsin Act 370 shall remain in effect pending this court's final decision in this case; and

IT IS FURTHER ORDERED that the court of appeals' March 27, 2019 stay of the portions of the Dane County circuit court's March 21, 2019 order in Dane County Case No. 19CV84 that enjoined the defendants from enforcing the December 2018 confirmations of the 82 nominees/appointees to the various state authorities, boards, councils, and commissions and that "temporarily vacated" those appointments shall remain in effect pending this court's final decision in this case; and

IT IS FURTHER ORDERED that the 82 nominees/appointees are hereby restored, as of the date of this order, to the positions to which they were appointed, and they may exercise all of the rights and duties of those positions as they did prior to the Dane County circuit court's March 21, 2019 injunction and order, pending this court's final decision in this case. The letter of March 22, 2019, from Governor Evers to Jeff Renk, Chief Clerk of the Wisconsin Senate, was of no legal effect and will remain so for the duration of this appeal.

ANN WALSH BRADLEY, J., dissenting, joined by Justices SHIRLEY S. ABRAHAMSON and REBECCA FRANK DALLET.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 4-15-2019
Motion Response
Filed By: Tamara Packard
Submit Date: 4-15-2019
Motion Response
Filed By: (Fish, Corydon
Comment: Emergency Petition for Original Action, Supervisory Writ, Writ of Mandamus, And/Or Immediate Temporary Relief of Intervening Defendant-Appellant-Petitioner Wisconsin Legislature and Memorandum in Support (petition portion docketed under 19AP673-OA); responses due by 3pm, 4/15/19 (per cto 4/11/19)

OCCD
CA
04-10-2019
Fee Paid
Comment: Receipt No: 19R 000953

OCCD
CA
04-10-2019
Fee Paid
Comment: Receipt No: 19R 000952

OCCD
SC
04-10-2019
Fee Paid
Comment: Invoice No: 19038; Receipt No: 19R 000949

OCCD
CA
04-10-2019
Fee Paid
Comment: Receipt No: 19R 000948

OCCD
SC
04-10-2019
Letter/Correspondence
Comment: From Atty Tseytlin re: the Legislature plans to seek emergency relief from the Supreme Court by close of business 4/10/19.

OCCD
SC
04-10-2019
Invoice Issued
Comment: Invoice No: 19038

OCCD
CA
04-10-2019
Brief & Appx of Appellant(s)
Brief of Appellant
Filed By: Misha Tseytlin
Comment: Separate Appendix. Please note that the case caption has been corrected on all brief covers. Please use the case caption, as listed above, on all future briefs. 4/18/19 rec'd 15 addl copies of CA brief for SC. Appx to Brief of Appellant(s)

OCCD
SC
04-09-2019
Letter/Correspondence
Comment: Letter from Attys Fish & Ruhland seeking allowance of Wisconsin Manufacturers & Commerce, and other members of the regulated community, to participate as amici if petition to bypass is granted.

OCCD
SC
04-09-2019
Letter/Correspondence
Comment: Letter from Atty Breuer seeking allowance of Wisconsin Paper Council to participate as amicus curiae.

OCCD
CA
04-05-2019
Statement on Transcript
Filed By: Misha Tseytlin
Status: Prev. Filed
Comment: unsigned version and signed versions received; 3rd version rec'd via fax, fax incomplete, bottom portion did not print, placed in file no action (complete version was previously received)

OCCD
SC
04-04-2019
Court Order
ORD that any responses to the bypass petition of The League of Women Voters shall be filed with the clerk of this court by 4:00 p.m. on Monday April 8, 2019; and FRO that the parties are directed to comply with the April 2, 2019 court of appeals' order regarding responses to the Legislature's expedited motion to enforce the stay issued on March 27, 2019. The responses shall be filed with the court of appeals, which is authorized and encouraged to issue a prompt decision on the motion; and FRO that the briefing scheduled established by the court of appeals' orders of March 27, 2019 and April 3, 2019, remains in effect while the petition for bypass is pending before this court.

OCCD
CA
04-04-2019
Caption Amended
Comment: petitioner designation removed for Wisconsin Legislature due to dismissal of petition for leave to appeal (see cto 4/3/19)

OCCD
CA
04-04-2019
Fee Paid
Comment: Invoice No: 19033; Receipt No: 19R 000911

OCCD
CA
04-04-2019
Sua Sponte
Filed By: Unassigned District 3
Submit Date: 4-4-2019
Decision: (N) No Action
Decision Date: 4-9-2019
no action
Comment: Letter from Atty Tseytlin, dated 4/4/19, re: clarification and memorialization of Legislature's understanding of petition to bypass filing concerning stay request

OCCD
CA
04-04-2019
Invoice Issued
Comment: Invoice No: 19033

OCCD
SC
04-03-2019
Petition to Bypass
Filed By: Jeffrey Mandell
Submit Date: 4-8-2019
Decision: (G) Grant
Decision Date: 4-15-2019
ORD that the petition to bypass is granted and the entire appeal is accepted for consideration in this court; and
FRO that the opening brief filed in the court of appeals by the intervening defendant-appellant, the Wisconsin Legislature, is accepted for consideration in this court and the intervening defendant-appellant shall file an additional 15 copies of that opening brief in this court. Further, the remainder of the briefing schedule established in the court of appeals March 27, 2019 order, as modified by the court of appeals April 3, 2019 order, shall remain in effect, with the briefs due on April 30, 2019, and May 7, 2019, to be filed in this court (original plus 22 copies); and
FRO that all motions for leave to file briefs amicus curiae and the accompanying briefs shall be filed in this court by May 3, 2019; and
FRO that oral argument in this matter shall be heard on May 15, 2019, at 9:45 a.m.
Motion Response
Filed By: Tamara Packard
Submit Date: 4-8-2019
Motion Response
Filed By: Misha Tseytlin
Submit Date: 4-8-2019
Comment: responses due by 4pm on 4/8/19 (per cto 4/4/19); amended signature pages for response to petition to bypass filed by Atty Tseytlin 4/9/19

OCCD
CA
04-03-2019
Non Final Dismissal
Judge Panel: Stark
Pages: 2
Order Text: ORD that the response briefs of the respondents and the Department of Justice shall be due 4/30/19, and the reply brief of the Wisconsin Legislature shall be due 5/7/19. FRO that the petition for leave to appeal is dismissed as unnecessary, and this case shall proceed based upon the notice of appeal.

OCCD
CA
04-03-2019
Fee Paid
Comment: Invoice No: 19032; Receipt No: 19R 000894

OCCD
CA
04-03-2019
Invoice Issued
Comment: Invoice No: 19032

OCCD
CA
04-02-2019
Motion for Miscellaneous Relief
Filed By: Lester Pines
Submit Date: 4-2-2019
Decision: (G) Grant
Decision Date: 4-3-2019
ORD that the response briefs of the respondents and the Department of Justice shall be due 4/30/19, and the reply brief of the Wisconsin Legislature shall be due 5/7/19. FRO that the petition for leave to appeal is dismissed as unnecessary, and this case shall proceed based upon the notice of appeal.
Comment: Unopposed Motion to Revise Briefing Schedule

OCCD
CA
04-02-2019
Court Order for Filing Fee Issued
Comment: for the notice of appeal

OCCD
CA
04-02-2019
Court Order
ORD that the respondents and the Attorney General shall have until noon on Friday, April 5, 2019, to file a response to the Legislature's motion to enforce the stay. No additional reply is authorized, unless this court subsequently directs supplemental briefing. FRO that this order will be disseminated solely by email or fax to those parties who have provided such contact information to the court.
See MMS event filed on 4-1-2019

OCCD
CA
04-01-2019
Motion for Miscellaneous Relief
Filed By: Misha Tseytlin
Submit Date: 4-1-2019
Decision: (D) Deny
Decision Date: 4-9-2019
ORD that the Legislature's April 1, 2019 motion to enforce the stay is denied. FRO that this order will be disseminated solely by email or fax to those parties who have provided such contact information to the court.
Motion Response
Filed By: Lester Pines
Submit Date: 4-4-2019
This motion contains court order(s).
Comment: Wisconsin Legislature's Expedited Motion to Enforce the Stay

OCCD
CA
03-29-2019
Fee Paid
Comment: Receipt No: 19R 000845

OCCD
CA
03-29-2019
Record
Comment: 1-34 to 98-1, ELECTRONICALLY FILED

OCCD
CA
03-28-2019
Fee Paid
Comment: Receipt No: 19R 000823

OCCD
CA
03-27-2019
Notif. Sent-Filing of NAP & Ct. Record

OCCD
CA
03-27-2019
Docketing Statement Submitted

OCCD
CA
03-25-2019
Motion for Miscellaneous Relief
Filed By: Misha Tseytlin
Submit Date: 3-25-2019
Decision: (G) Grant
Decision Date: 3-26-2019
ORD that the Wisconsin Legislature may file a reply of up to ten pages by 10:00 a.m., this Tuesday, March 26, 2019.
Comment: Motion to file a reply brief in support of emergency stay motion

OCCD
CA
03-25-2019
Motion for Reconsideration
Filed By: Jeffrey Mandell
Submit Date: 3-25-2019
Decision: (D) Deny
Decision Date: 3-27-2019
ORD that the motion to reconsider the docketing of this appeal in District III is denied.
FRO that this order will be disseminated solely by email and fax to those parties who have provided such contact information to the court.
Comment: 3-25-2019 order denying transfer of venue from District III; Order amended 3-28-2019 as to a citation

OCCD
CA
03-25-2019
Court Order
ORD that this appeal shall remain docketed in District III of this court.

OCCD
CA
03-25-2019
Letter/Correspondence
Comment: From Attorney Tseytlin urging court to issue an administrative stay.

OCCD
CA
03-22-2019
Docketing Statement from Appellant

OCCD
CA
03-22-2019
Notice of Appeal filed in Cir. Ct.

OCCD
CA
03-22-2019
Court Order
ORD that we grant the motion of the Wisconsin Department of Justice to participate in these proceedings. FRO that any of the above parties who wish to be heard on the merits of the stay must submit their responses to this court by 4:00 p.m. on Monday, March 25, 2019.

OCCD
CA
03-22-2019
Motion for Relief
Filed By: Misha Tseytlin
Submit Date: 3-22-2019
Decision: (G) Grant
Decision Date: 3-27-2019
ORD that the temporary injunction issued by the circuit court on March 21, 2019, is hereby stayed pending the Legislature's appeal.
FRO that this appeal shall be expedited. The record shall be transmitted within three business days from this order, unless one of the parties promptly advises us that there are additional transcripts that need to be produced. The Legislature's initial appellant's brief and appendix shall be due April 10, 2019, the response briefs of the respondents and the DOJ shall be due April 23, 2019, and the Legislature's reply brief shall be due April 30, 2019.
FRO that this order will be disseminated solely by email or fax to those parties who have provided such contact information to the court.
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 3-22-2019
Motion Response
Filed By: Tamara Packard
Submit Date: 3-22-2019
Motion Response
Filed By: Colin Roth
Submit Date: 3-22-2019
Motion Response
Filed By: Tamara Packard
Submit Date: 3-25-2019
Motion Response
Filed By: Colin Roth
Submit Date: 3-25-2019
Motion Response
Filed By: Jeffrey Mandell
Submit Date: 3-25-2019
Motion Response
Filed By: Misha Tseytlin
Submit Date: 3-26-2019
Comment: Emergency Motion to Stay Temporary Injunction; 3/22/19 rec'd separate letters from Attys Mandell & Packard

OCCD
CA
03-22-2019
Transfer to District III

OCCD
CA
03-22-2019
Transfer District Designation
Comment: III

OCCD
CA
03-22-2019
Fee Paid
Comment: Receipt No: 19R 000754

OCCD
CA
03-22-2019
Petition for Leave to Appeal
Filed By: Misha Tseytlin
Submit Date: 3-22-2019
Decision: (M) Dismiss
Decision Date: 4-3-2019
ORD that the response briefs of the respondents and the Department of Justice shall be due 4/30/19, and the reply brief of the Wisconsin Legislature shall be due 5/7/19. FRO that the petition for leave to appeal is dismissed as unnecessary, and this case shall proceed based upon the notice of appeal.

OCCD
CA
03-21-2019
Order of Circuit Court

OCCD
CA
03-21-2019
Non-Final Order of Circuit Court