Supreme Court denies school choice petition

The Wisconsin Supreme Court has denied a petition for it to take original jurisdiction on a lawsuit challenging the state’s school choice programs, routing the case to lower courts for adjudication if it is to move forward.

The plaintiffs would have to take the case to a circuit court.

The petition, backed by the Minocqua Brewing Company Super PAC, had asked the high court to bypass the lower courts. The order was unsigned and offered no comment.

Both conservatives and the Evers administration had opposed the petition, with the state Department of Justice arguing that the petitioners’ claims would require complex factual determinations beyond the scope of the high court.

Conservatives hailed the court’s determination.

Wisconsin Manufacturers & Commerce (WMC) called the decision a win for thousands of Wisconsin families that rely on school choice and independent charter schools.

“If this lawsuit moved forward, it would have put the educational options that 65,000 students rely on at risk,” WMC senior director of education policy Rachel Ver Velde said. “The data shows that students in both choice and independent charter schools routinely have better academic outcomes than their public school counterparts. Not only would ending this program disrupt the education system in Wisconsin, it would result in far more students falling behind — something our state, our economy and our families cannot afford.”

The Wisconsin Institute for Law & Liberty (WILL), which filed an amicus brief in the case, praised the decision as well, saying the school choice program was both successful and popular.

“Wisconsin’s parental choice programs have been instrumental in providing educational freedom and better academic outcomes to thousands of Wisconsin families,” WILL president and general counsel Rick Esenberg said. “The now-denied petition filed with the Wisconsin Supreme Court was plagued with misleading, misinformed, and nonsensical legal arguments. The unanimous Court was right to reject the case. If choice opponents try again, WILL stands ready to defend these critical programs for Wisconsin children and their families.”

WILL stated that it had filed a motion to intervene in the case on behalf of 22 clients, including parents of students enrolled in choice and charter schools, several schools across Wisconsin, and organizations that advocate for educational freedom.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.