One Wisconsin Institute, Inc. et al v. Nichol, Gerald et al

Filing 30

ORDER denying 24 Motion for Leave to Appear to Participate as Amicus Curiae. Signed by District Judge James D. Peterson on 8/17/2015. (jls)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ONE WISCONSIN INSTITUTE, INC., CITIZEN ACTION OF WISCONSIN EDUCATION FUND, INC., RENEE M. GAGNER, ANITA JOHNSON, CODY R. NELSON, JENNIFER S. TASSE, SCOTT T. TRINDL, and MICHAEL R. WILDER, ORDER Plaintiffs, v. 15-cv-324-jdp JUDGE GERALD C. NICHOL, JUDGE ELSA LAMELAS, JUDGE THOMAS BARLAND, JUDGE HAROLD V. FROEHLICH, JUDGE TIMOTHY VOCKE, JUDGE JOHN FRANKE, KEVIN J. KENNEDY, and MICHAEL HAAS, all in their official capacities, Defendants. The Public Interest Legal Foundation, Inc. (PILF) has asked to participate as amicus curiae in this case. Dkt. 24. PILF states that it is a non-partisan public interest organization whose mission is to promote election integrity and to preserve state control over elections. PILF offers to marshal an array of election law experts, scholars, and practitioners to assist the court with this case. The court has the discretion to accept a brief from amicus curiae, if it would be helpful. Voices for Choices v. Ill. Bell Tel. Co., 339 F.3d 542, 544 (7th Cir. 2003). The court will decline PILF’s offer. Wisconsin’s Attorney General and its Department of Justice are quite capable of defending the state’s election laws. If they wish to adduce expert evidence in support of their case, they may offer it. But the court would be reluctant to receive expert evidence on any legal question, no matter who offers it. Interpretation of the law is the province of the court, not of the parties or their experts. ORDER IT IS ORDERED that Public Interest Legal Foundation, Inc.’s motion for leave to participate as amicus curiae, Dkt. 24, is DENIED. Entered August 17, 2015. BY THE COURT: /s/ ________________________________________ JAMES D. PETERSON District Judge 2

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