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18 Wisconsin opinions name it 2 courts 2004–2026 14 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Marbury v. Madisongreen2 sentences2021Justice Dallet's failure to grapple with the incompatibility of her statutory interpretation with the Wisconsin Constitution violates the foundational principle that the constitution reigns supreme over statutory law: "[T]he Constitution is to be considered in court as a paramount law" and "a law repugnant to the Constitution is void, and . . . courts, as well as other departments, are bound by that instrument." Marbury, 5 U.S. at 178, 180 . 2021Justice Dallet's failure to grapple with the incompatibility of her statutory interpretation with the Wisconsin Constitution violates the foundational principle that the constitution reigns supreme over statutory law: "[T]he Constitution is to be considered in court as a paramount law" and "a law repugnant to the Constitution is void, and . . . courts, as well as other departments, are bound by that instrument." Marbury, 5 U.S. at 178, 180 . | 2 | 2 |
Bily v. Arthur Young & Co.green2 sentences2026At bottom, this case more closely resembles the circumstances in Krier than those in Citizens. ¶33 The ESOP also contends that it automatically satisfies the standard in Krier because “every audit opinion forms a ‘triangular relationship,’” given that “[a]udit opinions, by their very nature, are triangular relationships among 19 No. 2023AP1709 management, the investing public and the auditor.” (Formatting altered.) The ESOP fails to identify a Wisconsin case in support of this proposition, but it does cite Bily v. Arthur Young & Co., 834 P.2d 745 (Cal. 1992), for the proposition that an audit 2026At bottom, this case more closely resembles the circumstances in Krier than those in Citizens. ¶33 The ESOP also contends that it automatically satisfies the standard in Krier because “every audit opinion forms a ‘triangular relationship,’” given that “[a]udit opinions, by their very nature, are triangular relationships among 19 No. 2023AP1709 management, the investing public and the auditor.” (Formatting altered.) The ESOP fails to identify a Wisconsin case in support of this proposition, but it does cite Bily v. Arthur Young & Co., 834 P.2d 745 (Cal. 1992), for the proposition that an audit | 1 | 1 |
United States v. George Vernon Hansengreen1 sentence2025United States v. Hansen, 772 F.2d 940, 944 (D.C. | 1 | 1 |
Ramos v. Louisianagreen1 sentence2024For it is an established rule to abide by former precedents, where the same points come again in litigation; as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent judge to alter or vary from, according to his private sentiments: he being sworn to determine, not according to his own private judgment, but according to the known laws an | 1 | 1 |
H&R Block Eastern Enterprises, Inc. v. Swensongreen2 sentences2022See Star Direct, 319 Wis. 2d 274, ¶78 (“The foundational inquiry for determining whether a covenant is divisible is whether, if the unreasonable portion is stricken, the other provision or provisions may be understood and independently enforced.”). ¶72 Godina purports to rely on our decision in H&R Block Eastern Enterprises v. Swenson, 2008 WI App 3 , 307 Wis. 2d 390 , 745 N.W.2d 421 , but 37 No. 2021AP1079 that case does not support his argument. 2022See Star Direct, 319 Wis. 2d 274, ¶78 (“The foundational inquiry for determining whether a covenant is divisible is whether, if the unreasonable portion is stricken, the other provision or provisions may be understood and independently enforced.”). ¶72 Godina purports to rely on our decision in H&R Block Eastern Enterprises v. Swenson, 2008 WI App 3 , 307 Wis. 2d 390 , 745 N.W.2d 421 , but 37 No. 2021AP1079 that case does not support his argument. | 1 | 1 |
Star Direct, Inc. v. Dal Pragreen1 sentence2022See Star Direct, 319 Wis. 2d 274, ¶78 (“The foundational inquiry for determining whether a covenant is divisible is whether, if the unreasonable portion is stricken, the other provision or provisions may be understood and independently enforced.”). ¶72 Godina purports to rely on our decision in H&R Block Eastern Enterprises v. Swenson, 2008 WI App 3 , 307 Wis. 2d 390 , 745 N.W.2d 421 , but 37 No. 2021AP1079 that case does not support his argument. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Richard Teigen v. Wisconsin Elections Commission
green
2 sentences2023"Standing is the foundational principle that those who seek to invoke the court's power to remedy a wrong must face a harm which can be remedied by the exercise of judicial power." Teigen v. Wis. Elections Comm'n, 2022 WI 64 , ¶160, 403 Wis. 2d 607 , 976 N.W.2d 519 (Hagedorn, J., concurring). 2023"Standing is the foundational principle that those who seek to invoke the court's power to remedy a wrong must face a harm which can be remedied by the exercise of judicial power." Teigen v. Wis. Elections Comm'n, 2022 WI 64 , ¶160, 403 Wis. 2d 607 , 976 N.W.2d 519 (Hagedorn, J., concurring). | 2 | 2023–2023 |
Shaw v. Reno
green
2 sentences2022That premise reflects a foundational error; equal protection rejects racially proportional representation, which is based on nothing more than stereotypes about how people of a particular race vote. ¶127 Another harm, acknowledged in precedent, is "[t]he message that such districting sends to elected representatives[.]" Shaw, 509 U.S. at 648 . 2022That premise reflects a foundational error; equal protection rejects racially proportional representation, which is based on nothing more than stereotypes about how people of a particular race vote. ¶127 Another harm, acknowledged in precedent, is "[t]he message that such districting sends to elected representatives[.]" Shaw, 509 U.S. at 648 . | 2 | 2022–2022 |
Krier v. Vilione
green
2 sentences2022Krier v. Vilione, 2009 WI 45, ¶20 , 317 Wis. 2d 288 , 766 N.W.2d 517 . 2022Krier v. Vilione, 2009 WI 45, ¶20 , 317 Wis. 2d 288 , 766 N.W.2d 517 . | 2 | 2022–2022 |
City of Eau Claire v. Melissa M. Booth
green
2 sentences2020We have already recognized this foundational principle in the OWI context, where we said that restricting a prosecutor's charging discretion does not, and cannot, affect a court's subject matter jurisdiction: "[N]oncompliance with statutory mandates [that is, the charging decision] affects only a court's competency and will never affect its subject matter jurisdiction." Booth, 370 Wis. 2d 595, ¶14 . 2020We have already recognized this foundational principle in the OWI context, where we said that restricting a prosecutor's charging discretion does not, and cannot, affect a court's subject matter jurisdiction: "[N]oncompliance with statutory mandates [that is, the charging decision] affects only a court's competency and will never affect its subject matter jurisdiction." Booth, 370 Wis. 2d 595, ¶14 . | 2 | 2020–2020 |
County of Dane v. Public Service Commission of Wisconsin
green
1 sentence2024Given the foundational presumption of honesty and integrity of administrative decision-makers, County of Dane v. PSC, 2022 WI 61 , ¶56, 403 Wis. 2d 306 , 976 7 No. 2023AP997 N.W.2d 790, we conclude the record does not establish the final decision was made by commission staff as opposed to the commissioners.4 II. | 1 | 2024–2024 |
State Ex Rel. Kalal v. Circuit Court for Dane County
green
1 sentence2022This argument fails for at least the following two reasons. ¶32 The first reason that AAU’s argument fails is based on straightforward application of the foundational principle of statutory construction, which provides that we “begin with the statutory language.” Kalal, 271 Wis. 2d 633, ¶44 . | 1 | 2022–2022 |
Donaldson v. State
green
2 sentences2013An order for abatement does not entitle "any person" to "recover" any "amount." It is a foundational principle of statutory construction that "no word or clause shall be rendered surplusage." Donaldson v. State, 93 Wis. 2d 306, 315 , 286 N.W.2d 817 (1980). 2013An order for abatement does not entitle "any person" to "recover" any "amount." It is a foundational principle of statutory construction that "no word or clause shall be rendered surplusage." Donaldson v. State, 93 Wis. 2d 306, 315 , 286 N.W.2d 817 (1980). | 1 | 2013–2013 |
State v. Washington
green
2 sentences2004Washington, 83 Wis. 2d at 825-26 . 2004Washington, 83 Wis. 2d at 825-26 . | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.