The State of Wisconsin’s Administrative State

The Madison Lawyers Chapter of the Federalist Society and the WMC Foundation

The State of Wisconsin’s Administrative State

March 19, 2019
Wisconsin Manufacturers and Commerce
501 E. Washington
Madison, WI
Moderated by Andy Cook – Partner, Hamilton Consulting and former Deputy Attorney General


9:00a.m. – 9:30
The December 2018 Extraordinary Session – The Speaker’s Perspective
Speaker Robin Vos – Speaker of the Wisconsin State Assembly

9:30 – 10:20
The Administrative State and Constitutional Self-Government
Professor Adam White – Executive Director, The C. Boyden Gray Center for the Study of  the Administrative State, Assistant Professor, George Mason University Antonin Scalia Law School
Professor White will kick off the seminar by discussing administrative law generally and more specifically, on the growth of administrative power at both the state and federal level.

10:20 – 10:30 BREAK

10:30 – 11:20
Rulemaking 101 – An Introduction to Wisconsin’s Administrative State
Bob Fassbender – President and General Counsel of the Great Lakes Legal Foundation
Delanie Breuer – Former Chief of Staff to Attorney General Schimel
This panel will discuss the numerous regulatory reforms enacted by the Wisconsin legislature over the past eight years, including 2011 Wisconsin Act 21 and the REINS Act.

11:20 – 11:50
December 2018 Extraordinary Session – Reasserting Legislative Authority of the Administrative State
Lane Ruhland – Director of Environmental and Energy Policy, Wisconsin Manufacturers and Commerce
Kevin LeRoy – Litigation Associate, Foley & Lardner, LLP and former Deputy Solicitor General
This panel will discuss a number of recent changes made in 2017 Wisconsin Act 369, passed during the December 2018 Extraordinary Session, including legislative oversight on administrative rulemaking and the Attorney General’s powers and changes to Chapter 227 relating to guidance documents.

11:50 – Noon BREAK

Noon – 1:00
Extraordinary Session Litigation
Misha Tseytlin – Partner, Troutman Sanders, LLP and former Solicitor General of WI
Jeff Mandell – Partner, Stafford Rosenbaum, LLP
Professor Miriam Siefter – Assistant Professor, University of Wisconsin Law School
This panel will discuss the legal merits in two of the pending cases brought against the laws enacted in the December 2018 Extraordinary Session. The two cases are

  •  League of Women Voters, et. al. v, Knudson
    2017 Act 369 is invalid because the legislature does not have the authority to call this extraordinary session.
  • SEIU, et. al. v. Vos
    Provisions of 2017 Act 369 are unconstitutional because they violate separation of powers principles.
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