Tony Evers v. Howard Marklein

Appeal Number 2023AP002020 - OA

Supreme Court

CASE HISTORY
Status
Court
Filing Date
Anticipated Due Date
Activity
PEND
SC
04-17-2024
Hold Status

PEND
SC
04-17-2024
Oral Argument
Comment: 9:30 a.m. (State Capitol, Supreme Court Hearing Room)

OCCD
SC
03-28-2024
Brief of Amicus Curiae
Amicus Brief of WILL
Filed By: Skylar Croy
Comment: WILL

OCCD
SC
03-28-2024
Brief of Amicus Curiae
Amicus Brief of Legal Scholars
Filed By: Bryna Godar
Comment: Amicus Brief of Legal Scholars

OCCD
SC
03-27-2024
Motion to File Amicus/Non-Party Brief
Filed By: Skylar Croy
Submit Date: 3-28-2024
Decision: (G) Grant
Decision Date: 3-28-2024
IT IS ORDERED that the motions are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order.
Comment: WILL

OCCD
SC
03-27-2024
Comment: Intervenor-Petitioner

OCCD
SC
03-27-2024
Motion to File Amicus/Non-Party Brief
Motion of Legal Scholars to File Amicus Brief
Filed By: Bryna Godar
Submit Date: 3-28-2024
Decision: (G) Grant
Decision Date: 3-28-2024
IT IS ORDERED that the motions are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order.
Comment: Legal Scholars

OCCD
SC
03-27-2024
Reply Brief-Supreme Court
Petitioners' Reply Brief
Comment: Petitioners

OCCD
SC
03-26-2024
Motion to File Amicus/Non-Party Brief
Filed By: Tamara Packard
Submit Date: 3-26-2024
Decision: (D) Deny
Decision Date: 4-2-2024
IT IS ORDERED that the motion is denied.
REBECCA FRANK DALLET, J., dissents.
Comment: National Association of Social Workers

OCCD
SC
03-25-2024
Brief of Amicus Curiae
SOH2O and WCV Non-Party Brief
Filed By: Tony Wilkin Gibart
Comment: Save Our Water and Wisconsin Conservation Voters (SOH2O and WCV)

OCCD
SC
03-22-2024
Motion to File Amicus/Non-Party Brief
Filed By: Tony Wilkin Gibart
Submit Date: 3-22-2024
Decision: (G) Grant
Decision Date: 3-25-2024
IT IS ORDERED that the motion is granted. The proposed brief submitted with the motion is accepted as filed as of the date of this order.
Comment: Amicus motion of Save Our Water and Wisconsin Conservation Voters (SOH2O and WCV)

OCCD
SC
03-20-2024
Filed By: Evan Feinauer
Comment: Clean Wisconsin, Inc. Amicus Brief of Clean Wisconsin, Inc.

OCCD
SC
03-20-2024
Filed By: Christine Donahoe
Comment: Former Wisconsin Judges

OCCD
SC
03-13-2024
Filed By: Christine Donahoe
Submit Date: 3-13-2024
Decision: (G) Grant
Decision Date: 3-20-2024
IT IS ORDERED that the motions are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order.
Comment: Former Wisconsin Judges (Richard J. Sankovitz, Richard G. Neiss, John A. Markson, Paul Lundsten)

OCCD
SC
03-13-2024
Motion to File Amicus/Non-Party Brief
Clean Wisconsin Motion for Leave to File Non-party Brief
Filed By: Evan Feinauer
Submit Date: 3-13-2024
Decision: (G) Grant
Decision Date: 3-20-2024
IT IS ORDERED that the motions are granted. The proposed briefs submitted with the motions are accepted as filed as of the date of this order.
Comment: Clean Wisconsin

OCCD
SC
03-13-2024
Filed By: Misha Tseytlin
Comment: Respondents and Intervenor Respondent

OCCD
SC
03-04-2024
Notice of Appearance
Notice of Appearance - Gerads
Comment: Gerads for Intervenor-Petitioner Gathering Waters, Inc.

OCCD
SC
03-04-2024
Notice of Appearance
Notice of Appearance - Snyder
Comment: Snyder for Intervenor-Petitioner Gathering Waters, Inc.

OCCD
SC
03-04-2024
Notice of Appearance
Notice of Appearance - Mandell
Comment: Mandell for Intervenor-Petitioner Gathering Waters, Inc.

OCCD
SC
02-28-2024
Filed By: Erin Deeley
Comment: Brief and Appendix of Intervenor-Petitioner Gathering Waters, Inc. Brief of Intervenor-Petitioner Gathering Waters, Inc. Appendix to Brief of Intervenor-Petitioner Gathering Waters, Inc.

OCCD
SC
02-26-2024

OCCD
SC
02-22-2024
Filed By: Erin Deeley
Submit Date: 2-23-2024
Decision: (G) Grant
Decision Date: 2-28-2024
IT IS ORDERED that the motion is granted. The opening merits brief and appendix accompanying the motion are accepted as filed.
Comment: Gathering Waters, Inc.

OCCD
SC
02-22-2024
Filed By: Charlotte Gibson

OCCD
SC
02-22-2024
Response
Comment: Petitioner Brief to issue 1 < 50 pages/11,000 words

OCCD
SC
02-01-2024
Comment: Response to 1-29-24 Correspondence From Respondents and Proposed Intervenor

OCCD
SC
01-29-2024
Comment: Respondents and Proposed Intervenor Letter to the Court

OCCD
SC
11-21-2023
Filed By: Nathan Kane
Comment: Amicus Brief of Wisconsin Manufacturers & Commerce

OCCD
SC
11-21-2023
Filed By: Nathan Kane
Submit Date: 11-21-2023
Decision: (G) Grant
Decision Date: 12-15-2023
IT IS ORDERED that the motion is granted. The brief accompanying the motion is accepted as filed.
Comment: Wisconsin Manufacturers & Commerce

OCCD
SC
11-21-2023
Filed By: Misha Tseytlin
Submit Date: 11-21-2023
Decision: (G) Grant
Decision Date: 2-2-2024
IT IS ORDERED that the petition for leave to commence an original action is granted solely with respect to the first issue set forth in the petition for leave to commence an original action, and this court assumes jurisdiction over this action; and IT IS FURTHER ORDERED that the second and third issues set forth in the petition for leave to commence an original action are held in abeyance pending further order of the court; and IT IS FURTHER ORDERED that the Wisconsin Legislature's motion to intervene as a respondent is granted; and IT IS FURTHER ORDERED that within 20 days of the date of this order the petitioners shall file a brief in this court that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; that within 20 days of the filing of the petitioner's brief, the respondents and intervenor-respondent shall file a single, combined responsive brief that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; and within 10 days of filing of the responsive brief, the petitioners may file a reply brief that shall not exceed 13 pages if a monospaced font is used or 3,000 words if a proportional serif font is used or a statement that no reply brief shall be filed; and IT IS FURTHER ORDERED that the court will not entertain motions to extend the briefing time or to increase page/word limitations for the briefs; and IT IS FURTHER ORDERED that oral argument in this matter will occur on April 17, 2024, at 9:30 a.m.

REBECCA GRASSL BRADLEY, J; dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
BRIAN HAGEDORN, J., dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
Motion Response
Filed By: Colin Roth
Submit Date: 12-4-2023
Comment: Wisconsin Legislature

OCCD
SC
11-21-2023
Response
Comment: Response to the Petition (see 11/7/23 cto)

OCCD
SC
11-20-2023
Comment: Appearance of Attorney Tseytlin for Respondents

OCCD
SC
11-20-2023
Comment: Appearance of Attorney Dutton for Respondents

OCCD
SC
11-20-2023
Comment: Appearance of Attorney LeRoy for Respondents

OCCD
SC
11-07-2023
IT IS ORDERED that respondents, Senator Howard Marklein et al., shall file one or more responses to the petition by November 21, 2023; and
IT IS FURTHER ORDERED that any non-party that wishes to file a non-party brief amicus curiae in support of or in opposition to the petition 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 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-party brief attached shall be filed no later than November 21, 2023. 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; and
IT IS FURTHER ORDERED that each Wisconsin attorney participating in this case must opt in to this case in the appellate court electronic filing system. All Wisconsin attorneys who are not already opted in for this case are hereby ordered to do so as soon as possible and no later than November 20, 2023.

OCCD
SC
10-31-2023
Certificate of Service
Certificate of Efile and Service
Comment: Certificate of Efiling and Service

OCCD
SC
10-31-2023
Filed By: Charlotte Gibson
Submit Date: 10-31-2023
Decision: (G) Grant
Decision Date: 2-2-2024
IT IS ORDERED that the petition for leave to commence an original action is granted solely with respect to the first issue set forth in the petition for leave to commence an original action, and this court assumes jurisdiction over this action; and IT IS FURTHER ORDERED that the second and third issues set forth in the petition for leave to commence an original action are held in abeyance pending further order of the court; and IT IS FURTHER ORDERED that the Wisconsin Legislature's motion to intervene as a respondent is granted; and IT IS FURTHER ORDERED that within 20 days of the date of this order the petitioners shall file a brief in this court that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; that within 20 days of the filing of the petitioner's brief, the respondents and intervenor-respondent shall file a single, combined responsive brief that shall not exceed 50 pages if a monospaced font is used or 11,000 words if a proportional serif font is used; and within 10 days of filing of the responsive brief, the petitioners may file a reply brief that shall not exceed 13 pages if a monospaced font is used or 3,000 words if a proportional serif font is used or a statement that no reply brief shall be filed; and IT IS FURTHER ORDERED that the court will not entertain motions to extend the briefing time or to increase page/word limitations for the briefs; and IT IS FURTHER ORDERED that oral argument in this matter will occur on April 17, 2024, at 9:30 a.m.

REBECCA GRASSL BRADLEY, J; dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
BRIAN HAGEDORN, J., dissenting
ANNETTE KINGSLAND ZIEGLER, C.J., joins dissent
Motion Response
Filed By: Misha Tseytlin
Submit Date: 11-21-2023
Motion Response
Filed By: Misha Tseytlin
Submit Date: 2-2-2024