2020 WI 42
S
UPREME
C
OURT OF
W
ISCONSIN
C
ASE
N
O
.:
2020AP765-OA
C
OMPLETE
T
ITLE
:
Wisconsin Legislature, Petitioner, v. Secretary-Designee Andrea Palm, Julie Willems Van Dijk and Lisa Olson, In Their Official Capacities As Executives of Wisconsin Department of Health Services, Respondents. ORIGINAL ACTION
O
PINION
F
ILED
:
May 13, 2020
S
UBMITTED ON
B
RIEFS
: O
RAL
A
RGUMENT
:
May 5, 2020
S
OURCE OF
A
PPEAL
: C
OURT
: C
OUNTY
: J
UDGE
: J
USTICES
:
ROGGENSACK, C.J., delivered the majority opinion of the Court, in which ZIEGLER, REBECCA GRASSL BRADLEY, and KELLY, JJ., joined. ROGGENSACK, C.J., filed a concurring opinion. REBECCA GRASSL BRADLEY, J., filed a concurring opinion, in which KELLY, J. joined. KELLY, J., filed a concurring opinion, in which REBECCA GRASSL BRADLEY, J., joined. ANN WALSH BRADLEY, J., filed a dissenting opinion, in which DALLET, J., joined. DALLET, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, joined. HAGEDORN, J., filed a dissenting opinion, in which ANN WALSH BRADLEY, and DALLET, JJ., joined with respect to ¶¶198-258.
N
OT
P
ARTICIPATING
: A
TTORNEYS
:
For the petitioners, there was a petition and reply filed by
Eric M. McLeod, Lane E.B. Ruhland
and
Husch Blackwell LLP
, Madison and
Ryan J. Walsh
,
John K. Adams
,
Amy Miller
and
Eimer Stahl LLP
, Madison. There was an oral argument by
Ryan J. Walsh
, Madison.
2
For the respondents, there was a response filed by
Colin A. Hector, Thomas C. Bellavia, Colin R. Stroud, Hannah S. Jurss, Steven C. Kilpatrick,
assistant attorneys general, and
Joshua L. Kaul
, attorney general. There was an oral argument by
Colin Thomas Roth
, assistant attorney general. An amicus curiae brief was filed on behalf of The Tavern League of Wisconsin by
James A. Friedman, Zachary P. Bemis, Maxted M. Lenz
and
Godfrey & Kahn, S.C.
, Madison. An amicus curiae brief was filed on behalf of Wisconsin Faith Voices for Justice by
Stephen E. Kravit
,
Benjamin J. Glicksman
and
Kravit, Hovel & Krawczyk, S.C.
, Milwaukee. An amicus curiae brief was filed on behalf of Americans for Prosperity
–
Wisconsin by
Matthew M. Fernholz
and
Cramer, Multhauf & Hammes, LLP
, Waukesha and
Eric R. Bolinder
, pro hac vice, Arlington, Virginia. An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce and Wisconsin Dairy Alliance by
Robert I. Fassbender
and
Great Lakes Legal Foundation
, Madison and
Corydon J. Fish
, Madison. An amicus curiae brief was filed on behalf of Wisconsin Public Health Association, Wisconsin Nurses Association, Wisconsin Chapter of American Academy of Pediatrics and Other Healthcare Amici Curiae by
Jeffrey A. Mandell
and
Stafford Rosenbaum LLP
, Madison. An amicus curiae brief was filed on behalf of Legal Scholars as Amici Curiae by
Miriam Seifter
,
Robert Yablon
and the
University
3
of Wisconsin Law School
and
Barry J. Blonien
and
Boardman & Clark LLP
, Madison. An amicus curiae brief was filed on behalf of Wisconsin Association of Local Health Departments and Boards and Associated Municipalities and Counties by
Paul V. Gagliardi
, Salem. An amicus curiae brief was filed on behalf of 24 Wisconsin Community, Advocacy, Labor and Membership Organizations by
Douglas M. Poland
and
Rathje Woodward LLC
, Madison and
Richard Saks
and
Hawks Quindel, S.C.,
Milwaukee. An amicus curiae brief was filed on behalf of Hunter Nation, Wisconsin Lakeshore Business Association, Sport-Fishing Guides and Individual Anglers by
Adam M. Jarchow
and
Jarchow Law, LLC
, Clear Lake. An amicus curiae brief was filed on behalf of Legal Action of Wisconsin, Inc. by
Amanda C. Aubrey
,
Carlos N. Bailey
and
Robert Bebb Held
, Madison. An amicus curiae brief was filed on behalf of Americans for Prosperity
–
Wisconsin by
Matthew M. Fernholz
and
Cramer, Multhauf & Hammes, LLP
, Waukesha and
Eric R. Bolinder
, pro hac vice, Arlington, Virginia. An amicus curiae brief was filed on behalf of Disability Rights Wisconsin, The Arc Wisconsin, The Arc and Disability and Aging Organizations by
Elaine J. Goldenberg
, pro hac vice,
Brendan B. Gants
, pro hac vice and
Munger, Tolles & Olson LLP
, Washington D.C. and
Kristin M. Kerschensteiner
, Madison and
Lauren C. Barnett
, pro hac vice and
Munger, Tolles & Olson LLP
, Los Angeles, California and
Shira Wakschlag
, pro hac vice, Washington, D.C.