Wisconsin Legislature v. Andrea Palm

Appeal Number 2020AP000765 - OA

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
OCCD
SC
06-24-2020
Remittitur

OCCD
SC
05-13-2020
Cites
942 N.W.2d 900

OCCD
SC
05-13-2020
Cites
391 Wis. 2d 497

OCCD
SC
05-13-2020
Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Kelly, Dallet, Hagedorn
Opinion: Opinion
Decision: Other Pages: 32
Written by: Roggensack, Patience Drake
Roggensack, Patience Drake Wrote Concurring Opinion 3 pages.
Bradley, Rebecca Grassl Wrote Concurring Opinion 22 pages.
Kelly, Daniel Wrote Concurring Opinion 24 pages.
Bradley, Ann Walsh Wrote Dissenting Opinion 4 pages.
Dallet, Rebecca F. Wrote Dissenting Opinion 20 pages.
Hagedorn, Brian K. Wrote Dissenting Opinion 51 pages.
Bradley, Rebecca Grassl Joined Concurring Opinion
Additional Judge Action:of Justice Daniel Kelly
Kelly, Daniel Joined Concurring Opinion
Additional Judge Action:of Justice Rebecca Grassl Bradley
Dallet, Rebecca F. Joined Dissenting Opinion
Additional Judge Action:of Justice Ann Walsh Bradley and Paragraphs 198 - 258 of Justice Brian K. Hagedorn
Bradley, Ann Walsh Joined Dissenting Opinion
Additional Judge Action:of Rebecca F. Dallet and Paragraphs 198 - 258 of Justice Brian K. Hagedorn
Order Text: By the court Palm's Emergency Order 28 is declared, unlawful, invalid and unenforceable.
Rights Declared.
Comment: ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined.

OCCD
SC
05-13-2020
Public Domain Citation
Comment: PDC No: 2020 WI 42

OCCD
SC
05-13-2020
Response
Comment: Respondent's Letter Response to Petitioner's Supplemental Authority filing of 5/13/2020; Response submitted by Colin Roth

OCCD
SC
05-13-2020
Other Papers
Comment: Return mail for Amy Catherine Miller; 4/29/20 & 5/1/20 CTO

OCCD
SC
05-13-2020
Additional Authorities
Comment: Supplemental Authority (DHS Rulemaking) submitted by Ryan J. Walsh

OCCD
SC
05-11-2020
Attorney Change
Comment: Nicole Safar replaced in caption by Lisa Olson per letter from AAG Jurss.

OCCD
SC
05-11-2020
Caption Amended
Comment: Nicole Safar changed to Lisa Olson

OCCD
SC
05-05-2020
Brief of Amicus Curiae
Amicus Brief of Unions
Filed By: Tamara Packard
Comment: Amicus Brief of Unions

OCCD
SC
05-05-2020
Oral Argument
Comment: at 10:00 a.m. via video/audio conferencing. Parties to present argument. Per court's 5-1-2020 order: amicus parties will not be granted argument time. Attorney Ryan J. Walsh for Petitioner, Attorney Colin T. Roth for Respondents.

OCCD
SC
05-01-2020
Brief of Amicus Curiae
Amicus Brief of Washington County
Filed By: Bradley Stern
Comment: Amicus Brief of Washington County

OCCD
SC
05-01-2020
Assigned-Oral Argument

OCCD
SC
04-30-2020
Filed By: Amanda Aubrey
Comment: Legal Action of Wisconsin. Please note the form and length certification pursuant to Rule 809.19(8)(d) & e-file certification pursuant to Rule 809.19(12)(f) have been added to all briefs.

OCCD
SC
04-30-2020
Court Order
IT IS ORDERED that the motions identified above are granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, is attached to the moving parties' copies of this order.

OCCD
SC
04-30-2020
Response
Comment: Petitioner's Reply to Respondents' Response of 4/28/20 due by 4:00 pm

OCCD
SC
04-29-2020
Brief of Amicus Curiae
Amicus Brief of IBAW
Filed By: Lucas Vebber
Comment: IBAW, Double Decker Automotie and Shear Xcellence

OCCD
SC
04-29-2020
Filed By: Kristin Kerschensteiner
Comment: Disability Rights Wisconsin, The Arc Wisconsin, The Arc, and Disability and Aging Organizations

OCCD
SC
04-29-2020
Brief of Amicus Curiae
Amicus Brief of Amici Curiae 24
Filed By: Douglas Poland
Comment: 24 Wisconsin Community, Advocacy, Labor and Membership Organizations

OCCD
SC
04-29-2020
Filed By: Robert Fassbender
Comment: Wisconsin Manufacturers and Commerce and Wisconsin Dairy Alliance. Separate Appendix.

OCCD
SC
04-29-2020
Brief of Amicus Curiae
Amicus Brief of Healthcare Amici
Filed By: Jeffrey Mandell
Comment: Wisconsin Public Health Association, Wisconsin Nurses Association, Wisconsin Chapter of American Academy of Pediatrics and Other Healthcare Amici Curiae

OCCD
SC
04-29-2020
Filed By: Paul Gagliardi
Comment: Wisconsin Association of Local Health Departments and Boards and Associated Municipalities and Counties

OCCD
SC
04-29-2020
Filed By: Zachary Bemis
Comment: The Tavern League of Wisconsin

OCCD
SC
04-29-2020
Filed By: Matthew Fernholz
Comment: Americans for Prosperity - Wisconsin

OCCD
SC
04-29-2020
Filed By: Barry Blonien
Comment: Legal Scholars

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Robert Fassbender
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Great Lakes Legal Foundation and WI Manufacturers & Commerce

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Kristin Kerschensteiner
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Disability Rights of Wisconsin, The ARC of Wisconsin, The ARC, Disability and Aging Organizations

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Zachary Bemis
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: The Tavern League

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Paul Gagliardi
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Local Health Offices

OCCD
SC
04-29-2020
Brief of Amicus Curiae
Amicus Brief of Hunter Nation
Filed By: Adam Jarchow
Comment: Hunter Nation, Wisconsin Lakeshore Business Association, Sport-Fishing Guides, and Individual Anglers Appendix Brief of Amicus Curiae (Amicus Brief of Hunter Nation)

OCCD
SC
04-29-2020
Filed By: Stephen Kravit
Comment: Wisconsin Faith Voices for Justice Appendix of Wisconsin Faith Voices for Justice

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Jeffrey Mandell
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Healthcare Amici

OCCD
SC
04-29-2020
Other Papers
Comment: Application for Pro Hac Vice submitted by Eric R. Bolinger

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Matthew Fernholz
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Americans for Prosperity

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Douglas Poland
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Amicus Curiae 24

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Tamara Packard
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: The Unions

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Barry Blonien
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Legal Scholars

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Frederick Brengel
Submit Date: 4-29-2020
Decision: (D) Deny
Decision Date: 5-1-2020
IT IS ORDERED that the motions of John Puchner and T.Wall Enterprises Mgt, LLC for leave to file nonparty briefs, amici curiae, are denied. IT IS FURTHER ORDERED that the motion of Washington County for leave to file a non-party brief, amicus curiae, is granted and the brief is accepted for filing.

Comment: T. Wall Enterprises Mgt.

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Bradley Stern
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 5-1-2020
IT IS ORDERED that the motions of John Puchner and T.Wall Enterprises Mgt, LLC for leave to file nonparty briefs, amici curiae, are denied. IT IS FURTHER ORDERED that the motion of Washington County for leave to file a non-party brief, amicus curiae, is granted and the brief is accepted for filing
Comment: Washington County

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Adam Jarchow
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Wisconsin Lake Shore Business Association, Fishing Guides and Individual Anglers

OCCD
SC
04-29-2020
Motion to File Amicus/Non-Party Brief
Filed By: Stephen Kravit
Submit Date: 4-29-2020
Decision: (G) Grant
Decision Date: 4-29-2020
IT IS ORDERED that the motions for leave to file non-party briefs, amici curiae, identified above are granted and the briefs are accepted for filing.
Comment: Wisconsin Faith Voices for Justice

OCCD
SC
04-29-2020
Response
Comment: non-party motion with brief due by 4:00 pm

OCCD
SC
04-28-2020
Motion to File Amicus/Non-Party Brief
Filed By: John Puchner
Submit Date: 4-28-2020
Decision: (D) Deny
Decision Date: 5-1-2020
IT IS ORDERED that the motions of John Puchner and T.Wall Enterprises Mgt, LLC for leave to file nonparty briefs, amici curiae, are denied. IT IS FURTHER ORDERED that the motion of Washington County for leave to file a non-party brief, amicus curiae, is granted and the brief is accepted for filing

OCCD
SC
04-28-2020
Motion to File Amicus/Non-Party Brief
Filed By: Lucas Vebber
Submit Date: 4-28-2020
Decision: (G) Grant
Decision Date: 4-28-2020
IT IS ORDERED that the motions are granted and the briefs are accepted for filing.
Comment: IBAW, Double Decker Automotive and Shear Xcellence

OCCD
SC
04-28-2020
Other Papers
Comment: Applications for Pro Hac Vice submitted by Lauren C. Barnett, Brendan B. Gants, Elaine J. Goldenberg and Shira Wakschlag

OCCD
SC
04-28-2020
Motion to Intervene
Filed By: Tamara Packard
Submit Date: 4-28-2020
Decision: (D) Deny
Decision Date: 4-28-2020
IT IS ORDERED that the motion to intervene is denied; and IT IS FURTHER ORDERED that the motion for leave to file a non-party brief, amicus curiae, is denied. The courts April 21, 2020 order expressly stated that a non-party brief, which must be attached to a motion for leave to file it, shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used. The proposed non-party brief submitted with this motion fails to comply with this order as it is 74 pages in length.

Comment: movants, "The Unions" alternatively ask for leave to file an amicus brief

OCCD
SC
04-28-2020
Motion to File Amicus/Non-Party Brief
Filed By: Amanda Aubrey
Submit Date: 4-28-2020
Decision: (G) Grant
Decision Date: 4-28-2020
IT IS ORDERED that the motions are granted and the briefs are accepted for filing.
Comment: Legal Action of Wisconsin and Amended Motion filed 4/28/20

OCCD
SC
04-28-2020
Response
Comment: Respondents' Response to Petition due by 4:00 pm

OCCD
SC
04-21-2020
Court Order
PART 1 IT IS ORDERED that respondents, Andrea Palm, Julie Willems Van Dijk, and Nicole Safar, in their official capacities as executives of the Wisconsin Department of Health Services, shall file a response to the petition and the motion by 4:00 p.m. on April 28, 2020. The response shall be filed as an attachment in pdf format to an email addressed to clerk@wicourts.gov. See Wis. Stat. 809.14, 809.80, and 809.81. The respondents shall also mail or deliver a paper original and one copy of the response to the clerk of this court with the following notation on the top of the first page: This document was previously filed via email.; and IT IS FURTHER ORDERED that the petitioner may file a reply in support of the petition and the motion by 4:00 p.m. on April 30, 2020. The filing shall be accomplished in the manner set forth in the preceding paragraph;

OCCD
SC
04-21-2020
Court Order
PART 2 - IT IS FURTHER ORDERED that any non-party that wishes to file a brief in support of or in opposition to the petition for leave to commence an original action and the motion for temporary injunction must file a motion for leave of the court to file a non-party brief pursuant to the requirements of Wis. Stat. (Rule) 809.19(7). Non-parties should also consult this courts Internal Operating Procedure III.B.6.c. concerning the nature of non-parties who may be granted leave to file a non-party brief. A proposed non-party brief must accompany the motion for leave to file it. Any proposed non-party brief shall be limited to the issues of whether this court should grant or deny the petition and the accompanying motion for temporary injunctive relief, and it shall not exceed 20 pages if a monospaced font is used or 4,400 words if a proportional serif font is used. Any motion for leave with the proposed non-party brief attached shall be filed no later than 4:00 p.m. on Wednesday, April 29, 2020. Any submission by a non-party that does not comply with Wis. Stat. (Rule) 809.19(7) and any proposed non-party brief for which this court does not grant leave will not be considered by the court.

OCCD
SC
04-21-2020
Motion for Miscellaneous Relief
Filed By: Ryan Walsh
Submit Date: 4-21-2020
Decision: (O) Other
Decision Date: 5-13-2020
By the court Palm's Emergency Order 28 is declared, unlawful, invalid and unenforceable.
Motion Response
Filed By: Colin Hector
Submit Date: 4-28-2020
Comment: Emergency Motion for Temporary Injunction

OCCD
SC
04-21-2020
Fee Paid
Comment: Receipt No: 20R 000825

OCCD
SC
04-21-2020
Petition for an Original Action
Filed By: Ryan Walsh
Submit Date: 4-21-2020
Decision: (G) Grant
Decision Date: 5-1-2020
IT IS ORDERED that the Emergency Petition for Original Action is granted and this court assumes jurisdiction over this action as to only the following issues:

1. Whether the Department of Health Services (the Department) violated Wis. Stat. 227.24, governing emergency rules, by issuing Emergency Order No. 28 without complying with 227.24s procedures; and

2. Even if the Department did not violate 227.24, whether Emergency Order No. 28 exceeds the Departments authority by closing all nonessential businesses, ordering all Wisconsin persons to stay at home, and forbidding all nonessential travel; and

IT IS FURTHER ORDERED that the court will hear oral argument in this matter at 10:00 a.m. on Tuesday, May 5, 2020. Due to the COVID-19 pandemic, oral arguments before the court will be conducted via videoconferencing. The hearing room will not be open to the public. The public may watch proceedings on the Wisconsin Eye website. Counsel in this case will receive instructions from the Clerks Office prior to the date of the oral argument regarding the procedures for appearing remotely; and

IT IS FURTHER ORDERED that the petitioner and the respondents shall each have forty-five minutes of oral argument time. In addition to addressing the two issues set forth above, the parties may, in their discretion, also address whether a temporary injunction should be issued; and

IT IS FURTHER ORDERED that amici curiae shall not be granted additional oral argument time.

REBECCA FRANK DALLET, J., dissents.


Motion Response
Filed By: Colin Hector
Submit Date: 4-28-2020
Motion Response
Filed By: Ryan Walsh
Submit Date: 4-30-2020
Comment: Affidavit of Ryan J. Walsh filed 4/21/2020 Affidavits of Ryan P. Westergaard and Julie Willems Van Dijk filed 4/28/2020 Affidavit of Ryan J. Walsh filed 4/30/2020