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An affiliate of Wisconsin Manufacturers & Commerce

Espinoza v. Montana Department of Revenue: School Choice & Religious Organizations

This week the United States Supreme Court overturned a Montana Supreme Court ruling that prohibited state funding from going to religious schools via a scholarship fund. Besides its substantive constitutional issues, the case demonstrates the procedural interplay between administrative agencies, state constitutions, and the federal Supreme Court.

Whatever Happened to Intervention?

In 2018, the Wisconsin Legislature passed Act 369 which allows the Wisconsin legislature to intervene in ongoing legal cases. But over a year after litigation landed Act 369 before the Wisconsin Supreme Court, there is still no ruling on whether intervention violates separation of powers.

Judicial Bias and Social Media: Miller v. Carroll

The Wisconsin Supreme Court declared a judge’s Facebook friendship with a litigant an “appearance of bias” in violation of due process after a judge accepted a Facebook friend request from the mother in a custody dispute before rendering a decision.