111 Iowa L. Rev. 1779 (2026)
 

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Abstract

The Wisconsin Supreme Court has entered a politically tumultuous landscape. The Court has recently flipped from a long-held conservative majority to a liberal one, causing many new developments throughout the Wisconsin court system. Prime among them is the increased use of a relatively obscure procedure for expedited Supreme Court review: the petition for bypass. At a high level, this procedural mechanism allows litigants to bypass the court of appeals entirely to get direct Supreme Court review of a trial court decision. And often, the Supreme Court grants these petitions in politically controversial cases in Wisconsin. Although relatively unused historically, the newfound use of the petition for bypass in Wisconsin reveals several issues. First, the effect on litigation in the court of appeals is thrown into disarray since lower court litigation is not immediately paused when a bypass petition is pending. Second, it is not always clear when the Supreme Court will grant these petitions, as the rule governing the petition for bypass lacks clarity as to what factors bear on the Court’s consideration of whether to grant one. This opacity in the rule enables abuse by both litigants and the Supreme Court—often for political reasons. This Note argues for reforming the Wisconsin Rules of Appellate Procedure to provide clarity, predictability, and transparency to the court of appeals, litigants, and the public in the petition for bypass process.

Published:
Friday, May 15, 2026