Braun v. Vote.org

2023AP76

On September 12, 2024, we filed an amicus brief with the Wisconsin Supreme Court asking the court to review the Court of Appeals’ published decision in Braun v. Vote.org, 2024 WI App 42. If that decision stands, it would drastically limit the right to intervene in legal cases. Intervention is a critical tool, especially in high-impact litigation, allowing those with a direct interest an opportunity to weigh in on legal disputes that affect public policy. Without the ability to intervene, many of Wisconsin’s voices will be shut out of the legal process, threatening the public’s freedom to influence decisions that affect their lives and communities.

Without intervention as a possibility, individuals and organizations with unique perspectives and crucial information will be excluded from important cases. This could lead to more fragmented and chaotic litigation, with multiple lawsuits filed in different courts instead of a unified proceeding where all interests are considered. It will increase litigation costs, slow down court proceedings, and diminish the quality of judicial decisions by forcing courts to make decisions based on incomplete information.

Our brief also highlights how the Court of Appeals’ decision, if allowed to stand, would disproportionately benefit legislative leaders who granted themselves a statutory right to intervene, while marginalizing the voices of private citizens and organizations in cases that shape the future of Wisconsin. This could diminish public trust in the courts and make it harder for everyday Wisconsinites to have a say in cases that directly affect them. 

Restoring a clear, workable standard for intervention is essential to maintaining an efficient and equitable judicial system. We urge the Wisconsin Supreme Court to take this case and ultimately to reverse the Court of Appeals’ decision. By doing so, the Supreme Court will protect the public’s right to be heard and ensure that the legal system remains open and fair to all.

Case Timeline


CASE CATEGORY:
Good Governance

JURISDICTION:
Supreme Court of Wisconsin

CASE STAGE
Open

Sept. 12, 2024

Brief filed.