Separation of Powers and the Wisconsin Supreme Court

Separation of Powers and the Wisconsin Supreme Court

“I am a process conservative.  My core criticism of the decision of the Wisconsin Supreme Court in Ozanne v. Fitzgerald is that the Court chose to ignore the normal procedural process for taking up a petition for original jurisdiction, and instead invented a new form of jurisdiction called “supervisory/original” and rushed to decide questions of both statutory and constitutional interpretation.  Undoubtedly Justice Prosser and some of the other members of the Court felt that following the normal process of original jurisdiction would have dragged on too long, as it did a few years ago in the case of Green for Wisconsin, and so they were determined to avoid the same delay here.  However, if I had to choose between acting quickly, on the one hand, and the careful weighing all of the legal arguments, on the other, I would certainly choose the latter.”

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Skills

Posted on

November 1, 2019