Konkanok Rabiebna v. Higher Educational Aids Board

Appeal Number 2022AP002026

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
01-16-2026
Response
Comment: In the event additional individuals or organizations intend to join the amicus brief, they may seek the court's permission to do so by motion to the court, filed on or before January 16, 2026 - see 12-17-2025 Court Order

PEND
SC
01-26-2026
Brief of Amicus Curiae/Non-Party
Comment: Ruben L. Anthony, Jr., Ph.D., Vina Xiong and Sinceree Dixon

PEND
SC
02-11-2026
Oral Argument

OCCD
SC
01-21-2026
Filed By: Marie Sayer
Comment: Students for Fair Admissions

OCCD
SC
01-16-2026
Brief of Amicus Curiae/Non-Party
Brief of Amicus Curiae (AFT-Wisconsin)
Filed By: Christine Donahoe
Comment: The American Federation of Teachers-Wisconsin

OCCD
SC
01-16-2026
Motion to File Amicus/Non-Party Brief
Filed By: Christine Donahoe
Submit Date: 1-16-2026
Decision: (G) Grant
Decision Date: 1-16-2026
IT IS ORDERED that the motion is granted, and the non-party brief is accepted for filing.
Comment: The American Federation of Teachers-Wisconsin

OCCD
SC
01-12-2026
Reply Brief-Supreme Court
Reply Brief-Supreme Court
Filed By: Charlotte Gibson

OCCD
SC
01-06-2026
Motion to File Amicus/Non-Party Brief
Filed By: T.R. Edwards
Submit Date: 1-7-2026
Decision: (G) Grant
Decision Date: 1-8-2026
IT IS ORDERED that the motion is granted. Ms. Xiong and Ms. Dixon may join Dr. Anthonys amicus brief, which shall be filed on or before January 26, 2026. No extensions to this deadline will be granted.
Comment: Vina Xiong and Sinceree Dixon

OCCD
SC
12-26-2025
Response Brief-Supreme Court
Response Brief - Supreme Court
Filed By: Luke Berg

OCCD
SC
12-23-2025
Notice of Appearance
Comment: Burmeister for Plaintiffs-Appellants

OCCD
SC
12-22-2025
Motion for Pro Hac Vice Admission
Filed By: Marie Sayer
Submit Date: 12-22-2025
Decision: (G) Grant
Decision Date: 12-30-2025
IT IS ORDERED that the motion for pro hac vice admission of Attorney Thomas R. McCarthy, Attorney Cameron T. Morris, and Attorney Daniel M. Vitagliano pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys copies of this order; and
IT IS ORDERED that the motion for leave to file a non-party brief is granted and the brief shall be filed on or before January 26, 2026.
Comment: Attorneys Thomas R. McCarthy, Cameron T. Norris, and Daniel M. Vitagliano

OCCD
SC
12-22-2025
Motion to File Amicus/Non-Party Brief
Filed By: Marie Sayer
Submit Date: 12-22-2025
Decision: (G) Grant
Decision Date: 12-30-2025
IT IS ORDERED that the motion for pro hac vice admission of Attorney Thomas R. McCarthy, Attorney Cameron T. Morris, and Attorney Daniel M. Vitagliano pro hac vice is granted. A copy of SCR 10.03(4), setting forth the requirements for attorneys appearing pro hac vice, can be found at the following link: https://www.wicourts.gov/sc/rules/chap10.pdf. A copy of SCR 10.03(4) is also attached to the newly admitted pro hac vice attorneys copies of this order; and
IT IS ORDERED that the motion for leave to file a non-party brief is granted and the brief shall be filed on or before January 26, 2026.
Comment: Students for Fair Admissions

OCCD
SC
12-15-2025
Motion to File Amicus/Non-Party Brief
Filed By: T.R. Edwards
Submit Date: 12-16-2025
Decision: (G) Grant
Decision Date: 12-17-2025
IT IS ORDERED that the motion is granted and the amicus brief shall be filed on or before January 16, 2026;
IT IS FURTHER ORDERED that, in the event additional individuals or organizations intend to join the amicus brief, they may seek the courts permission to do so by motion to the court, filed on or before January 16, 2026.
Comment: Ruben L. Anthony, Jr., Ph.D.

OCCD
SC
12-05-2025
First Brief-Supreme Court
First Brief-Supreme Court
Filed By: Charlotte Gibson

OCCD
SC
12-03-2025
Notice of Appearance
Comment: Bibb for Defendants-Respondents

OCCD
SC
11-20-2025
Notice of Appearance
Comment: Luke Berg as co-counsel for Appellants

OCCD
SC
11-20-2025
Assigned for Oral Argument

OCCD
SC
11-04-2025
Court Changed to Supreme Court

OCCD
SC
06-25-2025
Other Papers
Comment: Notice of Withdrawal (Croy)

OCCD
CA
05-19-2025
Final Publication

OCCD
CA
05-02-2025
Other Papers
Comment: Notice of Withdrawal (Russomanno)

OCCD
CA
04-30-2025
Published Opinion Citation
20 N.W.3d 742

OCCD
CA
04-30-2025
Published Opinion Citation
416 Wis. 2d 44

OCCD
CA
04-30-2025
Opinion Ordered Published
Comment: Opinion Ordered Published - Decision & Order

OCCD
CA
04-30-2025
Public Domain Citation
Comment: PDC No: 2025 WI App 24

OCCD
SC
04-03-2025
Motion for Miscellaneous Relief
Filed By: Skylar Croy
Submit Date: 4-3-2025
Decision: (G) Grant
Decision Date: 4-4-2025
IT IS ORDERED that the motion is granted. Plaintiffs-appellants' response shall be served and filed on or before April 30, 2025.
Comment: Motion to Extend Time to File Response to Petition for Review

OCCD
SC
03-28-2025
Fee Waived

OCCD
SC
03-28-2025
Letter/Correspondence
Comment: Letter re Petition for Review Filing Fee

OCCD
SC
03-26-2025
Court Order for Filing Fee Issued
Comment: or public defender order appointing counsel

OCCD
SC
03-26-2025
Filed By: Charlotte Gibson
Submit Date: 5-1-2025
Decision: (G) Grant
Decision Date: 11-4-2025
IT IS ORDERED that the petition for review is granted and that pursuant to Wis. Stat. (Rule) 809.62(6), the defendants-respondents-petitioners, Higher Educational Aids Board and Tammie DeVooght-Blaney may not raise or argue issues not set forth in the petition for review unless otherwise ordered by the court; and
IT IS FURTHER ORDERED that pursuant to Wis. Stat. (Rules) 809.62(6) and 809.63, within 30 days after the date of this order the defendants-respondents-petitioners, Higher Educational Aids Board and Tammie DeVooght-Blaney must file a brief in this court; that within 20 days of filing the plaintiffs-appellants-respondents, Konkanok Rabiebna et al., must file either a brief or a statement that no brief will be filed; and that if a brief is filed by the plaintiffs-appellants-respondents, within 10 days of filing the defendants-respondents-petitioners, Higher Educational Aids Board and Tammie DeVooght-Blaney must file either a reply brief or a statement that no reply brief will be filed; and
IT IS FURTHER ORDERED that in any brief filed in this court the parties shall not incorporate by reference any portion of their court of appeals' brief or petition for review or response; instead, any material in these documents upon which there is reliance should be restated in the brief filed in this court; and
IT IS FURTHER ORDERED that the first brief filed in this court must contain, as part of the appendix, a copy of the decision of the court of appeals in this case; and
IT IS FURTHER ORDERED that the allowance of costs, if any, in connection with the granting of the petition will abide the decision of this court on review.
Motion Response
Filed By: Skylar Croy
Submit Date: 5-1-2025

OCCD
CA
03-11-2025
Sua Sponte
Filed By: Charlotte Gibson
Submit Date: 3-11-2025
Decision: (O) Other
Decision Date: 3-13-2025
IT IS ORDERED that the caption is amended to remove Connie Hutchinson as a respondent from this appeal and add Tammie DeVooght-Blaney.
Comment: Letter re Case Caption

OCCD
CA
03-11-2025
Notice of Appearance
Comment: Attorney Gibson for Respondents

OCCD
CA
02-26-2025
Judge Panel: Grogan, Gundrum, Lazar
Opinion: Opinion
Decision: Reversed and remanded Pages: 52
Written by: Gundrum, Mark D.
Order Text: Order reversed and cause remanded with directions.

OCCD
CA
01-09-2025
Notice of Appearance
Comment: Attorney Bachhuber for Defendents-Respondents

OCCD
CA
08-26-2024
Briefs Sent to District

OCCD
CA
08-23-2024
Filed By: Skylar Croy

Comment: Supplemental brief

OCCD
CA
08-02-2024
Brief of Respondent(s)
Supplemental Brief of Respondent
Filed By: Michael Morris

Comment: Supplemental brief

OCCD
CA
07-22-2024
Order
IT IS ORDERED that the respondents shall submit their supplemental brief by August 2, 2024.
IT IS FURTHER ORDERED that the appellants shall submit their supplemental brief by August 23, 2024.

OCCD
CA
07-11-2024
Oral Argument
Comment: Attorney Skylar Croy for Plantiff-Appellant, attorney Michael D. Morris for Defendant-Respondent

OCCD
CA
05-16-2024
Notice of Appearance
Comment: Attorney Croy for Plantiff-Appellants

OCCD
CA
05-13-2024
Letter/Correspondence
Comment: Oral Argument July 11, 2024 at 10:00 am

OCCD
CA
05-13-2024
Assigned for Oral Argument

OCCD
CA
12-11-2023
Other Papers
Comment: Notice of Withdrawal (Spitz)

OCCD
CA
12-07-2023
Fee Paid
Comment: Receipt No: 23R 003020

OCCD
CA
08-11-2023
Submitted on Briefs

OCCD
CA
07-17-2023
Response to Additional/Supplemental Authorities
Comment: Filed by AAG Michael Morris on behalf of Respondents

OCCD
CA
07-05-2023
Additional Authorities
Comment: Filed by Attorney Katherine Spitz on behalf of Appellants

OCCD
CA
03-09-2023
Record and Briefs Sent to District 2

OCCD
CA
03-09-2023
Reply Brief
Reply Brief
Filed By: Katherine Spitz

OCCD
CA
02-22-2023
Brief of Respondent(s)
Brief of Respondents
Filed By: Michael Morris

OCCD
CA
01-23-2023
Brief & Appendix of Appellant(s)
Brief of Appellants
Filed By: Katherine Spitz

OCCD
CA
01-19-2023
Other Papers
Comment: Notice of Withdrawal of Counsel of Anthony F. LoCoco

OCCD
CA
12-13-2022
Fee Paid
Comment: Invoice No: 20487; Receipt No: 22R 002812

OCCD
CA
12-13-2022
Invoice Issued
Comment: Invoice No: 20487

OCCD
CA
12-12-2022
Record
Comment: ELECTRONICALLY FILED

OCCD
CA
12-09-2022
Order Withdrawn/Vacated
Comment: 12/09/2022 Decision Vacated and appeal reinstated per 12/09/2022 Court Order

OCCD
CA
12-09-2022
Reopen

OCCD
CA
12-07-2022
Motion for Miscellaneous Relief
Filed By: Daniel Lennington
Submit Date: 12-7-2022
Decision: (O) Other
Decision Date: 12-9-2022
IT IS ORDERED that the order of December 7, 2022, dismissing the appeal is vacated and the appeal is reinstated.
IT IS FURTHER ORDERED that the appellants shall pay the filing fee or file a petition for waiver of the filing fee no later than December 16, 2022. Failure to do so will result in dismissal of the appeal.
IT IS FURTHER ORDERED that, within five days of the date of this order, Attorneys Michael D. Morris and Anthony Russomanno shall either opt in to participate in the Court of Appeals electronic filing system for this case or provide this court with an explanation for not doing so. See WIS. STAT. RULE 809.801.
Comment: Motion to Reopen Appeal

OCCD
CA
12-07-2022
Opinion/Decision
Opinion: Miscellaneous Order
Decision: Delinquency Dismissal Pages: 1
Order Text: IT IS ORDERED that the appeal is dismissed pursuant to RULE 809.83(2).
Comment: 12/07/2022 Opinion/Decision (Dismissal)

OCCD
CA
11-25-2022
Transfer to District II

OCCD
CA
11-25-2022
Transfer District Designation
Comment: Transfer from D4 to D2.

OCCD
CA
11-25-2022
Sua Sponte
Filed By: Unassigned District 4
Submit Date: 11-25-2022
Decision: (N) No Action
Decision Date: 11-28-2022
No action.

OCCD
CA
11-25-2022
Notice of Docketing of Appeal
Comment: Amended NDA issued 11/25/22 as to district.

OCCD
CA
11-25-2022
Court Order for Filing Fee Issued

OCCD
CA
11-25-2022
Other Papers
Comment: Copy of Circuit Court Docket

OCCD
CA
11-25-2022
Statement on Transcript
Filed By: Daniel Lennington
Status: Not Needed

OCCD
CA
11-25-2022
Notice of Appeal & Circuit Court Docket Entries

OCCD
CA
11-25-2022
Docketing Statement from Appellant

OCCD
CA
11-22-2022
Notice of Appeal filed in Circuit Court

OCCD
CA
09-16-2022
Order of Circuit Court