Still in the balance: SEIU v. VOS

With two very different ideologies present in tomorrow’s Supreme Court election, voters understandably are thinking long-term about the fate of the court. But they should not forget the short term either. Still pending before the Supreme Court is SEIU v Vos, a case challenging the constitutionality of 2017 Wis Act Act 369 on the grounds of separation of powers.

SEIU brought the case a year ago and argued Act 369 violated state separation of powers by giving the legislature exclusively executive authority. Specifically, Act 369 requires DOJ to get approval from the Budget Committee before settling civil lawsuits and allows the legislature to intervene in ongoing litigation.

The settlements provisions remain the most controversial, with an initial injunction from the circuit court preventing implementation eventually stayed by the Supreme Court in April. But the litigation also targets legislative intervention.

SEIU v. Vos currently awaits a decision and hopefully the court will release an opinion this term. But the far-reaching implications of the case will definitely impact upcoming cases, including the Act 21 high capacity well litigation.