Wisconsin Manufacturers and Commerce v. Tony Evers

2023 WI 5, 984 N.W.2d 402, 405 Wis. 2d 478

• Court: Wisconsin Supreme Court
• Decided: January 23, 2023
• Docket: 2020AP002103-AC
• Status: Published

Opinion

2023 WI 5

SUPREME COURT OF WISCONSIN NOTICE This order is subject to further editing and modification. The final version will appear in the bound volume of the official reports.

No. 2020AP2081-AC & 2020AP2109-AC

Wisconsin Manufacturers and Commerce, Muskego Area Chamber of Commerce and New Berlin Chamber of Commerce and Visitors Bureau,

Plaintiffs-Respondents-Petitioners,

v. FILED Tony Evers, in his official capacity as Governor of Wisconsin, Karen Timberlake, in her JAN 23, 2023 official capacity as Interim Secretary of the Wisconsin Department of Health Services and Sheila T. Reiff Joel Brennan, in his official capacity as Clerk of Supreme Court Secretary of the Wisconsin Department of Madison, WI

Administration,

Defendants,

Milwaukee Journal Sentinel,

Intervenor-Appellant.

The Court entered the following order on this date: ¶1 Wisconsin Manufacturers and Commerce filed a motion for

reconsideration of our decision in Wisconsin Manufacturers &

Commerce v. Evers, 2022 WI 38, 401 Wis. 2d 699, 974 N.W.2d 753.

The State Defendants and the Milwaukee Journal Sentinel opposed

WMC's motion. We deny the motion for reconsideration without costs. No. 2020AP2081-AC & 2020AP2109-AC

¶2 We nevertheless file this memorandum on the motion to

address one of WMC's arguments, namely that this Court should

clarify that footnote 9 of the court of appeals' decision has no

precedential value. See Wis. Mfrs. & Commerce v. Evers, 2021 WI

App 35, ¶24 n.9, 398 Wis. 2d 164, 960 N.W.2d 442; see also Wis.

Sup. Ct. IOP III.J ("A motion for reconsideration may result in

the court's issuing a corrective or explanatory memorandum to its

opinion without changing the original mandate."). We conclude

that, in this case, footnote 9 of the court of appeals' decision

has no precedential value. We leave for another day the issue of

whether the rule from Blum v. 1st Auto & Cas. Ins. Co., 2010 WI

78, ¶46, 326 Wis. 2d 729, 786 N.W.2d 78, that "[u]nless this court

explicitly states otherwise, a court of appeals opinion overruled

by this court no longer retains any precedential value," should be

extended to cover the present situation. See also Showers

Appraisals, LLC v. Musson Bros., 2013 WI 79, ¶71 n.4, 350

Wis. 2d 509, 835 N.W.2d 226 (Crooks, J., concurring).

¶3 IT IS ORDERED that the motion for reconsideration is denied without costs.

2 No. 2020AP2081-AC & 2020AP2109-AC