Stare Decisis and Fractured Majorities

The Wisconsin Capitol in Madison, Wis.[The following is a guest post from Daniel Suhr ’08, a prior guest alumni contributor to the Blog.]

On June 25th the Wisconsin Supreme Court handed down its decision in Koschkee v. Evers, 2019 WI 76, which is in many ways a rerun of questions raised in Coyne v. Walker,  2016 WI 38.  Coyne was, to put it mildly, a jurisprudential mess: “Our mandate resulted from a one-justice lead opinion, a two-justice concurrence, and a one-justice concurrence, all of which agreed only on the outcome of the case” (Koschkee, ¶ 5), plus a principal dissent representing the views of three justices, and a secondary dissent representing the views of only two justices.

Chief Justice Roggensack’s Koschkee majority (which commanded four votes on everything except ¶ 17) briefly discussed the stare decisis weight of Coyne in an early footnote, stating, “When we are asked to overturn one of our prior decisions, lead opinions that have no common legal rationale with their concurrences are troublesome.” (¶ 8, n.5.)  They are troublesome, the Court continues, because it is hard to run their rationale through the traditional stare decisis analysis when there is no definitive rationale to analyze.

Justice Bradley’s dissent, by contrast, says the majority “throws the doctrine of stare decisis out the window.” (¶ 62.) To the Court’s argument from the lack of a common rationale in Coyne, she replies, “[T]he split nature of the Coyne opinion is of no import. The mandate of Coyne was clear despite the fractured nature of the opinions. Although the four justices in the majority subscribed to differing rationales, they agreed on the essential conclusion….” (¶ 73.)

In my view, the Chief Justice has the better of the argument. 

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MULS Legal Education: Following Footsteps and Forging Your Own Path

Sensenbrenner Hall

zilber forum
From Sensenbrenner Hall (left) to the Zilber Forum at Eckstein Hall.

When I was asked if I would—together with my daughter Micaela—write a blog for the Marquette University Law School Faculty Blog, I wanted to make sure it was known I haven’t practiced law full-time in fifteen years.  So, fair warning, this is not going to be a technical legal discussion.

Let’s start with a short background: I graduated from MULS in 1989.  In fact, I just celebrated my thirty-year reunion (quick shout out to my classmates:  You guys rock!  We had the highest turnout of any reunion class!).  It was wonderful catching up with old friends, some I have kept in touch with; regrettably, some I have not.

As I stood in the Zilber Forum (as I have done several times previously, more on that later), I reflected on my law school experience at Sensenbrenner Hall, and, despite feeling envious of the students who are privileged to study law in such a marvelous facility, was transported in back thirty years to the year I graduated from MULS.  I remember the hope, the promise, coupled with the uncertainty and anxiety I was feeling at the time. Not to mention the excitement of my impending marriage one month later to my beautiful wife of thirty years, Ellen, whom I met while we were both studying at Marquette (she was earning her Masters in Analytical Chemistry at the time).

Flash forward thirty years and imagine my pride when Micaela announced to us that she would be attending MULS. In fact, Micaela is officially a 3L and is on track to graduate in May 2020. While it may not be shocking for a child to follow in a parent’s footsteps, it didn’t look like that would be happening with Micaela.

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Guest Blogging is a Family Affair!

Photo of father and adult daughter standing in front of a brick wall, smiling.
Mike and Micaela Haggenjos

For the month of July, we welcome father-daughter pair Mike and Micaela Haggenjos as our alumnus and student bloggers.

Mike grew up in Prophetstown, Illiniois, attended the University of Iowa and received a B.S. degree in Political Science and Economics.  He graduated from Marquette Law in 1989.  He was in private practice until 2004 at the Port Washington, Wisconsin law firm of Ansay & Haggenjos (now O’Neill, Cannon, Hollman, DeJong & Laing, S.C.).  Mike left the practice of law to become an owner and officer of Voeller Mixers, Inc., in Port Washington, a manufacturer of equipment used to make concrete products.  Mike has been married to Ellen for 30 years and has two children, Micaela and Matthew.  Mike enjoys golf, boating and performing as the lead singer in a rock band that plays in Ozaukee and Washington County.

Micaela grew up in Port Washington, Wisconsin and received her B.A. in English Literature from the University of Wisconsin-Madison. During her time at MULS, Micaela interned with the Honorable Rebecca Bradley of the Wisconsin Supreme Court and is currently working for the firm Alan C. Olson & Associates in New Berlin. Micaela is a member of the Association of Women in Law and the Business Law Society at MULS and has volunteered for the MJC Family Law Forms Clinic and the Eviction Defense Project. Micaela and her competition partner, Brooke Erickson, were the champions of Marquette’s 2019 Jenkins Honors Moot Court Competition and won the Franz C. Eschweiler Prize for Best Brief. She looks forward to representing MULS at the National Moot Court Competition this fall and serving on the 2019-2020 Moot Court Executive Board as Associate Justice of Intramural Competitions. Micaela hopes to work in litigation and appellate practice after graduation.

We hope that this is the first of many family pairings on the Faculty Blog.

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