Thanks to Ken Knight for this:
“The Wisconsin Constitution defines the powers of our state courts. It provides that every circuit court has the power to adjudicate “all matters civil and criminal” and “may issue all writs necessary in aid of its jurisdiction.” This is legalese for a simple proposition: our county trial courts are the primary forum to resolve disputes, and the judges in those courts have authority to accomplish justice.
“But last spring the Wisconsin Supreme Court undermined this fundamental principle, and it did so in a pair of unheralded, unpublished, and unsigned preliminary procedural orders. Those orders distorted existing law and, shockingly (perhaps even inadvertently), stripped our circuit courts of the power to stop the enforcement of laws that violate constitutional precepts …”
Jeffrey Mandell is a Madison attorney who represented the plaintiffs in League of Women Voters of Wisconsin v. Evers, one of the lawsuits challenging the Legislature’s 2018 lame-duck session, and Madison Teachers, Inc. as amicus in Koschkee v. Taylor, which dealt with the Superintendent of Public Instruction’s independent constitutional authority. The views expressed here are his own and don’t represent those of his firm or clients.