Wisconsin Institute for Law and Liberty (WILL) has filed a friend-of-the court (amicus) brief and a motion to intervene with the Wisconsin Supreme Court in a lawsuit seeking to overturn Wisconsin’s popular and successful school choice program. In mid-October, a progressive advocacy organization filed a lawsuit directly with the Wisconsin Supreme Court, alleging that the statutes supporting the state's private school-choice programs violate the constitution by diverting state funds from public schools to private use.

WILL’s motion and brief were filed on behalf of 22 clients, representing parents of students enrolled in choice and independent charter schools, schools across the state, and organizations that advocate for educational freedom. Over 85% of all choice students in the schools WILL is representing are non-white and many are low- or middle-income families.

WILL's submission to the court asserts that the contentions made by the petitioners are factually inaccurate and that affirming their assertions would result in significant unintended consequences.

Rick Esenberg, WILL President and General Counsel, stated, “On behalf of our clients and about 65,000 students who benefit from Wisconsin’s choice programs, WILL stands ready to defend the rule of law and the educational freedoms afforded to students and families alike. Our arguments submitted to the Supreme Court of Wisconsin explain why it would be entirely inappropriate for the Court to agree to take this case.”

WILL is representing clients whose interests and arguments need to be skillfully made should the state Supreme Court agree to take this case. WILL is asking the court not to take the case, but if the court does accept it, WILL argues this group of clients needs to be included because they are the ones that will be directly affected by the high court’s decision.