Limited Government Project

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Our Constitution establishes the separation of powers to strengthen liberty and serve as a protection against government abuse. They are essential facets of our democracy.

Yet both are under attack by unelected bureaucrats and rogue government officials who have claimed for themselves more power and control than the people ever gave to them. As these power grabs become more and more frequent and the administrative state grows, it is more important than ever that everyday Americans fight back. The Limited Government Project at the Wisconsin Institute for Law & Liberty is the vanguard in that fight.

We fight to enforce structural limitations on government power.

We hold bureaucrats to the rule of law. Rogue government officials at the local, state and federal level who act beyond the authority given to them must be reined in. The Limited Government Project project stands at the forefront of that fight, litigating cases in state and federal court to ensure that government officials act within their lawful authority.

WILL’s Limited Government Project has a long track record of successes in state and federal courts both here in Wisconsin and nationwide.

Open Cases

Earle Asphalt Company, Inc. v. New Jersey Turnpike Authority

WILL alongside the Pacific Legal Foundation (PLF) filed a federal lawsuit against the New Jersey Turnpike Authority (NJTA), Ocean County and Evesham Township on behalf of Earle Asphalt Company, a transportation contractor. The lawsuit challenges unconstitutional mandates that force contractors to meet rigid race and sex-based hiring quotas as well as force them to unionize.
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AMERICANS FOR CITIZEN VOTING v. WEC

WILL represents Americans for Citizen Voting (ACV), a group dedicated to ensuring only citizens vote in elections. ACV was supportive of a recent constitutional amendment that passed in Wisconsin to ban non-citizen participation in our elections.
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WILL Represents Coalition of Parents, Taxpayers, and Schools to Protect Choice Program and Taxpayers

WILL represents a group of Wisconsin taxpayers, parents, and choice schools in a motion to intervene in Wisconsin PTA v. Wisconsin State Assembly. The complaint in that case seeks to have the judiciary determine the level and distribution of funding for education in this State rather than leave those decisions to the Legislature and seeks to reduce or eliminate Wisconsin’s School Choice Programs.
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Stueland v. Cullen

WILL has filed a new lawsuit against Milwaukee County to end an unconstitutional carve out allowing Milwaukee County to withhold millions from Wisconsin’s Common School Fund. This fund, mandated by the Wisconsin Constitution, supports libraries in schools and communities across Wisconsin.
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Concluded Cases

Farmview v. DOR

Closed Case
WILL has filed a lawsuit against the Wisconsin Department of Revenue (DOR) on behalf of two Wisconsin Wedding Barns. The lawsuit is seeking to mitigate the harmful impacts of Wisconsin Act 73, which became law in late 2023 and fully takes effect in 2026.
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Bothfield v. WEC & WBLD v WEC

WILL Victory
On behalf of Wisconsin voters in all 8 of the state's congressional districts, WILL filed motions to intervene in two lawsuits seeking to overturn Wisconsin’s Congressional Maps. Seeking again to defend those maps on behalf of a group of Wisconsin voters, WILL argues that these new lawsuits are time-barred, the three-judge panel lacks authority to overrule the Wisconsin Supreme Court, and any attempt to impose new maps in this manner would violate federal law and the U.S. Constitution.
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STAR NEWS DIGITAL MEDIA et al. v. FEDERAL BUREAU OF INVESTIGATION

WILL Victory
WILL filed a federal lawsuit against the Federal Bureau of Investigation (FBI) for withholding Nashville shooter Audrey Hale’s manifesto. WILL’s lawsuit was filed in Nashville, Tennessee, on behalf of our client, The Star News Network, its Editor-in-Chief, and a reporter—which filed a Freedom of Information Act (FOIA) requesting the manifesto.
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White v. Village of Sister Bay

WILL Victory
WILL and Attorney Bjorn Johnson have filed a lawsuit against the Village of Sister Bay on behalf of their clients Captains Cottage LLC, a short-term rental in the Village for unlawfully refusing to issue Captains Cottage a permit to rent the property.
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Weigel v. WIAA

WILL Victory
WILL sued the Wisconsin Interscholastic Athletic Association (WIAA) and the Baraboo School District for wrongfully preventing a student from participating in school sponsored and funded athletic co-curricular programming.
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Policy Work

Through the Limited Government Project we will continue to use all tools available to hold government officials accountable to the law.

The project also includes a robust public education component. Our liberties are secure and will endure only insofar as Americans value and uphold the principles and institutions that preserve them. Our “Citizens Guide to the Wisconsin Administrative State” was the start of this effort, We plan to continue and increase our efforts to inform and educate citizens about why our government is structured as it is and how the rule of law protects them.

Our work is not limited to just litigation. We have successfully overturned unlawful agency action by working through legislative oversight committees (such as when Wisconsin tried to put the pool-share company Swimply out of business), and regularly send demand letters to officials at all levels of government to ensure that they act within the law. Our policy team also works closely with our attorneys to produce timely research and advocate for opportunities to strengthen the separation of powers.

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