Constitutional Government and Rule of Law

WILL is committed to guarding our constitutional system by standing up for federalism, the separation of powers, and oversight of the administrative state.

Open Cases

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Concluded Cases

WILL Amicus: State Legislature Should Have Standing to Defend State Law When Attorney General Doesn’t Defend It

WILL filed an amicus brief arguing that the Legislature must be permitted to defend state law in federal court when others, typically charged with doing so, do not. The Wisconsin Supreme Court agreed in a 4-3 decision. Proving the importance of that ruling, shortly after the Court’s decision, the Seventh Circuit stayed the District Court’s ruling, restoring Wisconsin’s election laws prior to the November election.


Does a single state official have the power to lock down the entire state of Wisconsin absent a declared public health emergency? WILL filed an amicus brief on behalf of our clients asking the Court to protect our constitutional separation of powers.


This case was a challenge to some actions of the legislature, and raises important issues of our constitutional separation of powers. WILL filed an amicus brief asking the court to protect the separation of powers by reinvigorating Wisconsin’s nondelegation doctrine.