Title

Some Observations on Separation of Powers and the Wisconsin Constitution

Document Type

Article

Publication Date

2022

Publication Information

Chad M. Oldfather, Some Observations on Separation of Powers and the Wisconsin Constitution, 105 Marq. L. Rev. 845 (2022).

Source Publication

105 Marquette Law Review 845 (2022)

Abstract

In recent years the Wisconsin Supreme Court has decided several high- profile cases concerning the separation of powers under the state constitution. In the abstract, questions concerning the separation of powers do not seem inherently partisan, largely because the partisan balance of government will shift over time. Yet, as has been the case with many of its recent decisions, the justices’ votes have broken along what most observers regard as partisan lines, and the opinions have featured heated prose including accusations of result orientation and methodological illegitimacy.

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