Constitutional Law — First Amendment

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Wisconsin Supreme Court

Civil

Constitutional Law — First Amendment

The injunction against enforcement of Wis. Admin Code GAB 1.28 is vacated.

“The court received briefs on the merits from the parties and held oral argument on Sept. 6, 2011. After considering the parties’ briefs and arguments, the six participating justices unanimously agree that the Aug. 13, 2010 order enjoining the respondents from enforcing the July 31, 2010 amendments to Wis. Admin. Code § GAB 1.28 should be vacated. Nevertheless, the court is equally divided on the rationale. Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley, and Justice N. Patrick Crooks would conclude that the GAB had authority under Wis. Stat. §§ 5.05(1)(f) and 227.11 to promulgate the July 31, 2010 amendments to Wis. Admin. Code § GAB 1.28. They would conclude that the amendments are not facially invalid under the First Amendment of the United States Constitution or Article I, Section 3 of the Wisconsin Constitution. Justice Patience Drake Roggensack, Justice Annette Kingsland Ziegler, and Justice Michael J. Gableman would dismiss the action on the ground that an original action was improvidently granted.”

Dismissed.

2010AP1937-OA Wisconsin Prosperity Network v. Myse

Per Curiam.

Attorneys: For Petitioner: Esenberg, Richard M., Milwaukee; Dean, Michael D., Brookfield; Troupis, James R., Middleton; Troupis, Sarah E., Middleton; For Respondent: Bellavia, Thomas C., Madison; Kawski, Clayton Patrick, Madison