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Wisconsin’s Lame-Duck Lawsuits: Where Are They Now?

Guide To 4 Lawsuits Challenging December 2018 Extraordinary Session

By
Wisconsin Supreme Court
Photo Phiend (CC-BY-NC-ND)

There is one ongoing lawsuit challenging the laws passed during December’s lame-duck session of the state Legislature, which put in place a variety of restrictions on the power of Gov. Tony Evers and Attorney General Josh Kaul, as well as limits on early voting in Wisconsin.

The lawsuit is:

  • Service Employees International Union (SEIU) lawsuit.

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Three lawsuits have already wrapped up. They are the:

  • League of Women Voters lawsuit.
  • One Wisconsin Institute lawsuit.
  • Democratic Party of Wisconsin lawsuit.

All four lawsuits have seen a number of rulings and appeals.

The current status of all lame-duck laws in Wisconsin is:

  • All laws have been allowed to go into effect except one that puts new oversight requirements on documents written by the Evers administration that provide public guidance and information about state laws.

However, the status of the laws could change with another court ruling.

Here’s a summary of the four lame-duck lawsuits’ arguments, where the cases stand now and a look at what’s to come.

League Of Women Voters Lawsuit

Official lawsuit title: The League of Women Voters of Wisconsin et al v. Dean Knudson et al

The argument: The entire lame-duck session is invalid because the power to call an extraordinary session isn’t given to lawmakers in the state constitution. Therefore, lawmakers acted unconstitutionally in calling the session and all action in it should be nullified.

The laws it affects: The entire lame-duck session, including all laws passed during the session and appointments made by former Gov. Scott Walker that were confirmed during the session.

Major events so far:

What’s to come: The case is complete. The Wisconsin Supreme Court is the highest court in Wisconsin, so after its June 2019 ruling, this state-level lawsuit ended.

One Wisconsin Institute Lawsuit

Official lawsuit title: One Wisconsin Institute, Inc. et al v. Nichol, Gerald et al

The argument: Laws related to early voting and voter ID passed during the lame-duck session violate an earlier federal court ruling related to Wisconsin election laws.

The laws it affects:

  • State-imposed time limits on early voting that make it illegal to offer early voting for any longer than 14 days.
  • Codifying into law the petition process for getting a valid ID for those who have challenges, like the lack of a birth certificate.
  • Language reducing the effective time period for receipts valid for voting from 180 days to 60 days.

Major events so far:

What’s to come: With the June 2020 federal appeals court ruling, this case is complete. The only way to continue it would be an appeal to the U.S. Supreme Court. No such appeal has been filed.

SEIU Lawsuit

Official lawsuit title: Service Employees International Union (SEIU), Local 1 et al v. Robin Vos et al

The argument: Lawmakers violated the state constitution’s separation of powers guarantee by unfairly limiting the authority of the executive branch.

The laws it affects:

  • Requirement for lawmakers to approve the state leaving federal lawsuits, such as the challenge to the ACA.
  • Language allowing lawmakers to hire private attorneys, rather than use the state Department of Justice to defend state laws.
  • Prohibition on the attorney general, saying they can’t settle lawsuits against the state without legislative approval.
  • Put in place additional requirements for “guidance documents” issued by the Evers administration (informational booklets, etc.).
  • Language allowing lawmakers to suspend administrative rules written by the Evers administration.
  • Requirement for legislative approval for seeking or altering federal waivers.
  • Requirement for legislative approval for security changes at the state Capitol building.
  • Requirement for legislative approval for the Wisconsin Economic Development Corp. to create enterprise zones.
  • Requirement for legislative approval for allocation of emergency funds.

Major events so far:

What’s to come: In its July ruling, the Supreme Court sent some laws outlined in the case back to the circuit court for further evaluation. The circuit court could hear more arguments in the case, or accept amended complaints or briefs. No date has been set for such action.

Democratic Party of Wisconsin Lawsuit

Official lawsuit title: The Democratic Party of Wisconsin et al v. Vos, Robin et al

The argument: The lame-duck laws violate the U.S. Constitution’s Guarantee Clause, which guarantees every state the right to a republican form of government.

The laws it affects: All major action during the lame-duck session, including all laws passed and appointments confirmed.

Major events so far:

  • Feb. 21, 2019 — Lawsuit filed.
  • Sept. 30, 2019 — Federal judge throws out the case, saying it belongs in state — rather than federal — court.
  • Oct. 28, 2019 — Appeal filed to the 7th Circuit Court of Appeals in Chicago.
  • May 18, 2020 — Three-judge panel on 7th Circuit Court of Appeals hears arguments.
  • July 16, 2020 — Three-judge panel rules to uphold district court’s decision to throw out the case, saying Democrats did not have the appropriate standing to bring it to federal court.

What’s to come: With the July 2020 federal appeals court ruling, this case is complete. The only way to continue it would be an appeal to the U.S. Supreme Court. No such appeal has been filed.

Editor’s note: This story has been updated to reflect the decision in the Democratic Party of Wisconsin lawsuit.