2011AP613-LV & 2011AP765-W State of Wisconsin ex rel. Ozanne v. Fitzgerald

By: WISCONSIN LAW JOURNAL STAFF//June 15, 2011//

Listen to this article

Constitutional Law
Separation of powers

A circuit court cannot enjoin publication of a law.

“The court’s decision on the matter now presented is grounded in separation of powers principles. It is not affected by the wisdom or lack thereof evidenced in the Act. Choices about what laws represent wise public policy for the State of Wisconsin are not within the constitutional purview of the courts. The court’s task in the action for original jurisdiction that we have granted is limited to determining whether the legislature employed a constitutionally violative process in the enactment of the Act. We conclude that the legislature did not violate the Wisconsin Constitution by the process it used.”

2011AP613-LV & 2011AP765-W State of Wisconsin ex rel. Ozanne v. Fitzgerald

Attorneys: For Appellant: Sage, Roger A., Madison; Lazar, Maria S., Madison; Kilpatrick, Steven C., Madison; For Respondent: Ozanne, Ismael R., Madison

Full Text

Select Region or Brand

Upcoming Event