Bryna Godar is a staff attorney with the State Democracy Research Initiative at the University of Wisconsin Law School. She said one of the complicating factors in the Wolfe case is that none of the parties are asking the court to overrule the 2022 decision on holdover appointments.
She said it’s rare “for a court to voluntarily overrule” a prior decision without parties asking justices. Still, Godar said the battle over Wolfe’s appointment wouldn’t be happening if not for the Prehn decision two years ago.
“And so, we’re kind of taking that as a given rule in Wisconsin, and going from there,” Godar said. “And saying, OK then, what does that mean in this situation?”