Justia Constitutional Law Opinion Summaries

The case involves a dispute between the Wisconsin State Legislature and the Wisconsin Department of Public Instruction (DPI) regarding the governor's partial veto power and the allocation of funds for literacy programs. The legislature argued that the governor exceeded his constitutional authority by partially vetoing a bill that was not an appropriation bill. DPI and the governor contended that the legislature's Joint Committee on Finance (JCF) improperly withheld funds appropriated for DPI's literacy programs.The Dane County Circuit Court granted summary judgment in part for each party. The court concluded that the governor did not exceed his constitutional boundaries in partially vetoing the bill and that JCF did not improperly withhold funds from DPI. The court reasoned that the bill in question was an appropriation bill and that the governor's partial veto was valid. However, the court also held that DPI was not entitled to the funds appropriated to JCF.The Wisconsin Supreme Court reviewed the case and held that the governor breached his constitutional boundaries because the bill he partially vetoed was not an appropriation bill. The court reaffirmed the "four corners rule," which requires that an appropriation bill must set aside public funds for a public purpose within its text. The court concluded that the bill in question did not meet this requirement and, therefore, was not subject to the governor's partial veto authority. The court also held that JCF did not improperly withhold funds from DPI, as the funds were lawfully appropriated to JCF. Consequently, the court affirmed in part and reversed in part the circuit court's summary judgment order. View "Wisconsin State Legislature v. Wisconsin Department of Public Instruction" on Justia Law

The case involves a constitutional challenge to a Wisconsin law that prohibits the Department of Justice (DOJ) from settling most civil cases without the approval of the Joint Finance Committee (JFC). The Attorney General, DOJ, and the Governor argue that this law is unconstitutional as applied to two specific categories of cases: civil enforcement actions and cases brought by DOJ at the request of executive branch agencies. They contend that litigation in these categories constitutes core executive power, and thus, the Legislature cannot interfere.The Dane County Circuit Court agreed with the plaintiffs and granted summary judgment in their favor. However, the Court of Appeals reversed this decision, concluding that the power to settle these types of cases is a shared power between the executive and legislative branches, and legislative approval does not unduly burden executive powers.The Wisconsin Supreme Court reviewed the case and held that settling these two categories of cases falls within the core powers of the executive branch. The court found that the Legislature has not identified any constitutional role for itself in these categories of cases. Therefore, the statutory requirement for JFC approval prior to settling these cases violates the Wisconsin Constitution’s separation of powers. The court reversed the decision of the Court of Appeals and affirmed the circuit court’s decision granting summary judgment to the DOJ. View "Kaul v. Wisconsin State Legislature" on Justia Law

Following a high-speed chase, Kordell L. Grady was charged with multiple criminal offenses. He accepted a plea deal, pleading no contest to three charges. The dispute arose over whether Grady's due process rights were violated during a restitution hearing, where he was ordered to pay for damages caused to a law enforcement vehicle during the chase. Grady's counsel argued he lacked the ability to pay, and Grady, attending via Zoom, interrupted the proceedings. The court allowed him to speak with his attorney but warned that the conversation could be heard by everyone in the courtroom. Grady's statements undermined his counsel's argument, and the court ordered him to pay the full restitution amount.Grady filed a motion for postconviction relief, arguing that his due process rights were violated because he could not consult confidentially with his counsel, and that the Assistant District Attorney improperly used his statements. The circuit court rejected these arguments, finding that Grady did not intend for his conversation to be confidential. The court of appeals summarily affirmed the circuit court's decision.The Wisconsin Supreme Court reviewed the case and deferred to the circuit court's factual finding that Grady did not intend for his conversation with his counsel to be confidential. The Supreme Court held that Grady's due process rights were not violated, as he did not seek a confidential conversation. Consequently, his conversation was not privileged under Wisconsin Statute § 905.03(2). The decision of the court of appeals was affirmed. View "State v. Grady" on Justia Law

H.C. appealed an order terminating her parental rights, arguing that the Due Process Clause of the Fourteenth Amendment and public policy require the State to prove by clear and convincing evidence, or at least a preponderance of the evidence, that termination is in the best interests of the child. H.C.'s son, John, has significant medical and developmental needs, which H.C. failed to address. John was taken into custody at age two after numerous incidents of abuse and neglect. H.C. struggled with addiction, mental health issues, and was often absent from her group home. The State filed a petition to terminate H.C.'s parental rights, citing continuing CHIPS and failure to assume parental responsibility.The Milwaukee County Circuit Court found H.C. unfit and determined that terminating her parental rights was in John's best interests. The court of appeals affirmed, stating that the circuit court did not err in its discretion. However, the court of appeals also asserted that due process requires the child's best interests to be proven by a preponderance of the evidence, with the burden of proof shared by all parties.The Wisconsin Supreme Court reviewed the case and held that the best interests of the child during the dispositional phase of a TPR proceeding constitute a discretionary determination by the circuit court, with no burden of proof placed on any party. The court concluded that neither the Due Process Clause nor applicable statutory law imposes a burden of proof during the dispositional phase. The court affirmed the decision of the court of appeals, agreeing that the circuit court committed no error in terminating H.C.'s parental rights but rejected the court of appeals' due process analysis. View "State v. H. C." on Justia Law

The case involves a challenge to Governor Tony Evers' use of his partial veto authority under the Wisconsin Constitution. The dispute centers on the 2023-25 biennial budget bill, where the governor used his partial veto power to extend an education revenue limit increase from two fiscal years to 402 fiscal years by striking certain words and digits from the bill.The petitioners did not ask the court to overrule existing precedent but instead brought two novel challenges. They argued that the governor's partial vetoes violated Article V, Section 10(1)(b) of the Wisconsin Constitution because extending a duration from two years to 402 years is not a "part" of two years. They also contended that the vetoes violated Section 10(1)(c) because it prohibits the governor from striking digits to create new numbers.The Wisconsin Supreme Court rejected both arguments. The court found that the first argument improperly relied on the holding in Citizens Utility Board v. Klauser, which was limited to the specific circumstance of write-in vetoes, not applicable here. The second argument failed because Section 10(1)(c) does not prohibit the governor from striking digits to create new numbers. The court concluded that the 2023 partial vetoes did not violate the constitution and denied the petitioners' requested relief.The court also highlighted potential legislative options to address the governor's partial veto power, including future budget bills, constitutional amendments, and legislative drafting strategies. The court upheld the partial vetoes as consistent with the Wisconsin Constitution. View "LeMieux v. Evers" on Justia Law

Robert F. Kennedy, Jr. and Nicole Shanahan submitted nomination papers to the Wisconsin Elections Commission (WEC) to run as independent candidates for President and Vice President in the November 2024 election. On August 23, 2024, Kennedy requested to withdraw his candidacy, but WEC denied his request based on Wisconsin law, which states that a candidate who has filed nomination papers cannot decline the nomination unless they die. Consequently, WEC included Kennedy's name on the certified list of candidates.Kennedy sought judicial review of WEC's decision in the Dane County Circuit Court and filed a motion for a temporary injunction to remove his name from the ballot. The circuit court denied the motion, concluding that Kennedy had not demonstrated irreparable harm, that the injunction would alter the status quo, and that he had no reasonable probability of success on the merits. The court also found that Kennedy's constitutional claims lacked legal merit.The Wisconsin Supreme Court reviewed the circuit court's decision to deny the temporary injunction. The Supreme Court's task was to determine whether the circuit court had properly exercised its discretion. The Supreme Court concluded that Kennedy failed to demonstrate that the circuit court had erred in its decision. Specifically, Kennedy did not adequately argue that the circuit court misinterpreted the relevant statute or that his constitutional claims had merit. As a result, the Supreme Court affirmed the circuit court's order denying the temporary injunction. View "Kennedy v. Wisconsin Elections Commission" on Justia Law

The Supreme Court of Wisconsin ruled that certain legislative review provisions governing the Knowles-Nelson Stewardship Program, a land conservation initiative, were unconstitutional. The provisions in question allowed the Joint Committee on Finance (JFC), a legislative committee, to review and potentially block expenditures exceeding $250,000 or for land acquisitions outside of a project boundary, even after the legislature had already appropriated the funds.The case was brought by Governor Tony Evers and several state departments, who argued that these provisions violated the separation of powers by allowing the legislature to intrude on the executive branch's power to execute the law. The legislative respondents defended the statutes, arguing that they were necessary for overseeing the executive branch's expenditure of state funds.The Supreme Court of Wisconsin disagreed with the legislative respondents, ruling that the provisions unconstitutionally authorized the legislative branch to impede the executive's core power to execute the law. The court held that once the legislature appropriates funds for a particular purpose, the executive branch possesses the power to distribute those funds in accordance with the purposes outlined by the legislature. The court concluded that the legislative review provisions violated the separation of powers structurally enshrined in the Wisconsin Constitution. View "Evers v. Marklein" on Justia Law

The case involves a harassment injunction issued against Brian Aish, an anti-abortion protestor, for statements he made to Nancy Kindschy, a nurse practitioner at a family planning clinic. Aish regularly protested outside the clinics where Kindschy worked, initially expressing his Christian and anti-abortion beliefs broadly. However, in 2019, Aish began directing his comments towards Kindschy, which she perceived as threatening. Kindschy petitioned for a harassment injunction under Wisconsin law, which allows for an injunction if there are "reasonable grounds to believe that the respondent has engaged in harassment with intent to harass or intimidate the petitioner."The circuit court heard two days of testimony and found that Aish's statements were intimidating and did not serve a legitimate purpose. The court issued a four-year injunction prohibiting Aish from speaking to Kindschy or going to her residence or any other premises temporarily occupied by her. Aish appealed, but the court of appeals affirmed the issuance of the injunction.The Supreme Court of Wisconsin reversed the decision of the court of appeals and remanded the case to the circuit court with instructions to vacate the injunction. The court concluded that the injunction was a content-based restriction on Aish's speech and therefore violated his First Amendment right to free speech. The court held that the injunction failed to satisfy either of the two standards required for such a restriction to comply with the First Amendment: (1) Aish's statements were not "true threats" and he did not "consciously disregard a substantial risk that his statements would be viewed as threatening violence," or (2) the injunction did not satisfy strict scrutiny, meaning it was not narrowly tailored to achieve a compelling state interest. View "Kindschy v. Aish" on Justia Law

The case involves a non-marital couple, A.M.B. and T.G., who sought to adopt A.M.B.'s biological child, M.M.C. T.G. had been a father figure to M.M.C. for over a decade and had assumed various parental duties. The parental rights of M.M.C.'s biological father had been terminated. Despite a positive Home Study Report recommending the adoption, the Circuit Court for Ashland County denied the adoption petition. The court cited Wisconsin's adoption statutes, which only allow a non-marital partner to adopt their partner's child if they are married to the child's parent. A.M.B. and T.G. appealed, arguing that the statutes violated their equal protection rights.The Circuit Court for Ashland County denied the adoption petition, citing Wisconsin's adoption statutes. The statutes only allow a non-marital partner to adopt their partner's child if they are married to the child's parent. The court referenced a previous case, Georgina G. v. Terry M., which held that an adoption by a third party who is not the spouse of the parent is not permissible. A.M.B. and T.G. appealed the decision, arguing that the statutes violated their equal protection rights.The Supreme Court of Wisconsin affirmed the lower court's decision. The court held that the adoption statutes did not violate the Equal Protection Clause of the Fourteenth Amendment. The court found that the statutes did not restrict a fundamental right or regulate a protected class. The court concluded that the state had a legitimate interest in promoting stability for adoptive children through marital families, which provided a rational basis for the legislative limits on eligibility to adopt a child. View "A. M. B. v. Circuit Court for Ashland County" on Justia Law

The Supreme Court of Wisconsin was asked to review a decision by the state's Labor and Industry Review Commission (LIRC) and determine whether Catholic Charities Bureau, Inc. (CCB) and its four sub-entities were operated primarily for religious purposes, and thus exempt from making contributions to Wisconsin's unemployment insurance system. The Court decided that in determining whether an organization is "operated primarily for religious purposes" according to Wisconsin Statute § 108.02(15)(h)2, both the motivations and activities of the organization must be examined.Reviewing the facts of the case, the court determined that while CCB and its sub-entities professed to have a religious motivation, their activities were primarily charitable and secular. The services provided by the sub-entities, which included job training, placement, and coaching, along with services related to daily living, could be provided by organizations of either religious or secular motivations, and thus were not "primarily" religious in nature.The court also rejected CCB's argument that this interpretation of the statute violated the First Amendment, as it did not interfere with the church's internal governance nor examine religious dogma. Instead, it was a neutral and secular inquiry based on objective criteria. Therefore, the court affirmed the decision of the court of appeals. View "Catholic Charities Bureau, Inc. v. State of Wisconsin Labor and Industry Review Commission" on Justia Law