The Institute for Reforming Government (IRG) released Cases to Watch: Pending Cases. Lasting Consequences. Where Wisconsin’s Future Is Being Decided on Thursday. The IRG Court Watch report examines the most consequential litigation currently pending before Wisconsin state courts and federal courts. This report comes on the heels of launching its new Court Watch website and Supreme Court Scorecard.
What It Is
The report tracks major cases before the Wisconsin Supreme Court, Wisconsin Court of Appeals, Wisconsin circuit courts, and federal courts that could reshape the balance of power between branches of government—and reshape election administration, public-sector labor law, school choice, administrative rulemaking, and constitutional interpretation for years to come.
The Quote
“Wisconsin’s courts are increasingly where major public policy questions are being decided,” said Jake Curtis, IRG General Counsel and Director of the Center for Investigative Oversight (CIO). “These cases will determine not just the outcome of individual disputes, but how Wisconsin government functions moving forward. Cases to Watch is designed to help policymakers, journalists, stakeholders, and citizens understand what’s at stake.”
Key Cases
The report analyzes pending cases involving:
- The scope of the Attorney General’s authority and legislative oversight
- The future of Act 10 and public-sector labor reforms
- Election administration, voter-roll transparency, and absentee ballot law
- Race-conscious state spending programs
- School funding and school choice
- Administrative agency authority and rulemaking requirements
- Judicial recusal standards
- Immigration enforcement cooperation between Wisconsin sheriffs and ICE
- Congressional redistricting litigation
Among the featured cases:
- Wisconsin State Legislature v. Kaul, which could determine whether the Department of Justice can control settlement funds outside the legislative appropriations process
- Abbotsford Education Association v. WERC, the latest legal challenge to Wisconsin’s landmark Act 10 reforms
- Wisconsin PTA v. Wisconsin Legislature, a lawsuit that could dramatically reshape Wisconsin’s school finance system and school choice programs
- Sierra Club v. Wisconsin DNR, testing whether state agencies may regulate through internal guidance rather than formal rulemaking
- Wisconsin Business Leaders for Democracy v. WEC, another attempt to redraw Wisconsin’s congressional map before 2028
The report also includes a quick-reference litigation index and tracks the procedural status of each case, including upcoming arguments, briefing schedules, and anticipated decisions.
This publication provides a snapshot of the key cases to watch at this moment, and IRG will continue updating developments on our website as the cases move through the courts.
Cases to Watch 2026 is available online here.
The Institute for Reforming Government is a non-profit 501(c)(3) organization that seeks to simplify government at every level by offering policy solutions to thought leaders in American government in the areas of tax reform, government inefficiency, and burdensome regulations.