Wisconsin Supreme Court Faces an Increase in Fractured Decisions

Categories: criminal defense

Fractured Decisions

When you think of Supreme Court decisions, you might think of a court system in which a group of officials makes the final decision, much like a parent when two children are arguing. However, there are situations that occur in the Supreme Court where no opinion receives the support of the majority of the court.

These decisions are often referred to as “fractured decisions” or plurality opinions. While you might expect one side to hold more weight than another, sometimes the weight ends up split over multiple opinions, with no one getting the majority. For the people who are involved in these cases, no clear decision can sometimes be more frustrating than a decision not in your favor.

What is a Fractured Decision?

Although a fractured decision is briefly defined as a decision where there is no opinion that receives the majority support, it is actually a bit more complex. Although you would expect one side of an argument to gain more votes than the other resulting in a majority decision, fractured decisions don’t receive the support of more than half of the justices. At the same time, this type of decision typically ends up with more support than any other opinion.

Wisconsin Supreme Court Decisions

Many people believe an increase in fractured decisions in the Wisconsin Supreme Court is inevitable, even though it currently composed of five conservatives and two liberals. For example, current cases like AllEnergy Corporation v. Trempealeau County Environment & Land Use Committee, resulted in unexpected fractured decisions. This particular case ended up with a lead opinion, an opinion concurring in the lead opinion’s mandate, and a dissenting opinion, which is frustrating for anyone who happens to be following the court system.

With an increase in this type of split in decisions, it can become difficult to predict where you might end up. You can’t rely on the judges’ histories as conservative or liberal, or even the decisions they have made in the past. It’s more important than ever to ensure you have a qualified and experienced legal team on your side to help you answer any questions you might have regarding your case, especially if it’s headed for the Wisconsin Supreme Court.

Disclaimer: This Article Is Not Legal Advice.
Never rely on an article for legal advice as the law frequently changes, information may not be accurate, there may be exceptions to a rule, and reliance may be detrimental. Always consult one of our experienced attorneys for competent, current, and accurate legal advice.

Crooks, Low & Connell, S.C. Experienced Wisconsin Lawyers

Whether you end up in court or not, your case is likely more complicated than you think. Don’t leave your well being in the wrong hands and make sure your legal team represents your best interests. The attorneys at Crooks, Low & Connell, S.C. have a long history of helping clients get the best possible outcome. To schedule a consultation, call our offices in Wausau, WI at (715) 842-2291 or complete our online contact form today.