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Wisconsin Supreme Court Debates Approaches to Constitutional Interpretation
A recent opinion reminds advocates to make independent state constitutional arguments.
Lancaster County Board of Equalization v. Moser
Ruled that no constitutional principles of uniform and proportionate taxation require that an isolated error in the subclassification of one taxpayer's property must be replicated through the equalization process
State ex rel. Maras v. LaRose
Ruled statute governing appointment of election observers by any political party or group of 5 or more candidates does not violate equal protection clause
State v. Sallis
Ruled traffic stop based on police recollection of defendant’s driver license status from a prior stop was constitutional
Villafana v. State
Ruled that defendant’s consecutive sentences upon conviction for sexually abusing a child on multiple occasions did not constitute cruel or unusual punishment
AFSCME v. State
Ruled that statute converting state employees to at-will did not infringe on constitutional contract rights or right to bargain collectively
State v. Reddick
Held jury unanimity rule announced by Supreme Court in Ramos does not apply retroactively to cases on state collateral review but prospectively under state constitutional amendment
Kohlhaas v. State
Held that ballot initiative adopting nonpartisan primary election and ranked-choice voting did not infringe on voting rights, political parties’ associational rights, or other constitutional provisions
ACLU of Nevada v. The County of Nye
Writ issued mandating county and county clerk adopt and refrain from certain procedures related to ballot counting and the role of observers during the ballot counting process
Welter v. Board of Registration in Medicine
Ruled state board suspension of medical license for false advertising did not violate doctor’s substantive due process rights under federal and state constitutions
