Wisconsin Supreme Court Update: September 2023

• Published date: 08 September 2023
• Law Firm: Meissner Tierney Fisher & Nichols
• Author: Mr Caleb R. Gerbitz

Those keeping an eye on the Wisconsin Supreme Court know that it's been in the news a bit over the last month. But in this column, we look past the internal politics of the court and review the civil cases currently pending before it, paying special attention to those affecting civil practitioners in Wisconsin. The court kicks off its 2023-24 term with a relatively light September oral argument calendar, featuring just two civil cases. Constitutional rights and tax issues lead the way into the new term.

Cases Decided

With the term getting underway this month, there are no recent decisions to report.

Up for Review

A.M.B. v. Circuit Court for Ashland County, No. 2022AP1334

Family Law

Oral Argument: September 11

This adoption case asks the following question: May the state require a would-be adoptive father to be married to the child's mother as a condition of adoption? Wisconsin Stat. ' 48.81 provides that a child may be adopted when, among other circumstances, the "person filing the petition for adoption is the spouse of the child's parent with whom the child and the child's parent reside." See also Wis. Stat. ' 48.92(2). The would-be adoptive father raises constitutional...