OCCD

SC

03-31-2021

Published Opinion Citation

396 Wis. 2d 231

OCCD

SC

03-31-2021

Opinion/Decision

Judge Panel: Roggensack, Bradley, Ziegler, Bradley, Dallet, Hagedorn, Karofsky
Opinion: Opinion
Decision: Other Pages: 27
Bradley, Rebecca Grassl Wrote Concurring Opinion 19 pages.
Bradley, Ann Walsh Wrote Dissenting Opinion 29 pages.
Order Text: Rights declared; relief granted
Comment: Opinion Returned to Clerk's Office (Re-Sent 4/23/21)

OCCD

SC

02-15-2021

Brief of Amicus Curiae/Non-Party
NON-PARTY BRIEF OF AMICUS CURIAE WISCONSIN LEGISLATURE IN SUPPORT OF PETITIONER

Filed By: Jessie Augustyn
Comment: Wisconsin Legisalture

OCCD

SC

02-10-2021

Motion to File Amicus/Non-Party Brief

Filed By: Jessie Augustyn
Submit Date: 2-12-2021
Decision: (G) Grant
Decision Date: 2-15-2021
IT IS ORDERED that the motion of the Wisconsin Legislature is granted, and the brief is accepted for filing.
Motion Response
Filed By: Jessie Augustyn
Submit Date: 2-16-2021
Comment: Motion to File Amicus/Non-Party Brief Court Order - Granting Amicus

OCCD

SC

01-21-2021

Motion to Take Judicial Notice

Filed By: Matthew Fernholz
Submit Date: 1-22-2021
Decision: (G) Grant
Decision Date: 3-31-2021
See opinion of 3/31/21

OCCD

SC

11-16-2020

Oral Argument

Comment: 9:45 am 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. Matthew M. Fernholz for Petitioner Richard M. Esenberg for Amici Curiae Hannah Schieber Jurss for Respondent

OCCD

SC

11-09-2020

Other Brief
Petitioner's Reply Brief

Comment: Note that the appeal number has been corrected on all briefs (2020AP1718-OA). Please use this number on all future correspondence.

OCCD

SC

11-06-2020

Other Brief
Respondent's Brief

Filed By: Hannah Jurss
Comment: Respondent's by 4 pm

OCCD

SC

11-05-2020

Brief of Amicus Curiae/Non-Party
Amicus Brief Wisconsin Legislature

Comment: Wisconsin Legislature

OCCD

SC

11-03-2020

Motion for Miscellaneous Relief

Filed By: Richard Esenberg
Submit Date: 11-6-2020
Decision: (G) Grant
Decision Date: 11-6-2020
IT IS ORDERED that the motion is granted, and counsel for amici curiae, Derek Lindoo, et al., shall be granted 10 minutes of oral argument time following the initial argument of counsel for petitioner, Jer Fabick; and

IT IS FURTHER ORDERED that counsel for respondent, Governor Tony Evers, shall have 40 minutes of argument time following the argument of counsel for amici curiae.

Comment: Motion for leave for oral argument

OCCD

SC

10-28-2020

Motion for Miscellaneous Relief

Filed By: Matthew Fernholz
Submit Date: 10-28-2020
Decision: (D) Deny
Decision Date: 10-28-2020
IT IS ORDERED that the motion is denied as moot.
Comment: Order (10/28/20) Denying Motion for Miscellaneous Relief

OCCD

SC

10-22-2020

Response

Comment: Governor's response due by 4 pm

OCCD

SC

10-19-2020

Fee Paid

Comment: Receipt No: 20R 002065

OCCD

SC

10-15-2020

Petition for an Original Action

Filed By: Matthew Fernholz
Submit Date: 10-15-2020
Decision: (G) Grant
Decision Date: 10-28-2020
ORD that the petition for leave to commence an original action is granted and this court assumes jurisdiction over this action; and FRO on or before 4:00 p.m. on November 2, 2020, the petitioner shall file a brief in this court; that on or before 4:00 p.m. on November 6, 2020, the respondent shall file a responsive brief; and that on or before 4:00 p.m. on November 9, 2020, the petitioner may file a reply brief or a statement that no reply brief will be filed. All briefs 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 parties shall also ensure a paper original and 10 copies of the briefs are received by the clerk of this court within 24 hours of the electronic filing with the following notation on the top of the first page: This document was previously filed via email; and
FRO that the parties briefs shall address the following additional issue:
If Executive Order #82 and Executive Order #90 are authorized by Wis. Stat. 323.10, whether that statute is an unconstitutional delegation of legislative power to the executive branch; and
FRO that any non-party that wishes to file a non-party brief amicus curiae 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 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-p
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