Wisconsin Institute for Law & Liberty

The Wisconsin Institute for Law & Liberty (WILL) is a 501(c)(3) nonprofit organization. It is a conservative, libertarian, public interest law firm backed with millions in grants from the Lynde and Harry Bradley Foundation. WILL is a member of the State Policy Network, a web of right-wing “think tanks” and tax-exempt organizations in 49 states, Washington, D.C., Canada, and the United Kingdom.

News and Controversies

WILL Challenged Multiple Public Health Orders to Prevent Spread of COVID-19 in 2020

WILL took multiple legal actions against Wisconsin COVID-19 pandemic shutdown orders in 2020. In August, it filed a "petition on behalf of the Wisconsin Council of Religious & Independent Schools, School Choice Wisconsin Action, several Christian schools and parents." In November, it filed a petition "asking the Wisconsin Supreme Court to stop a shutdown order issued by the Racine Health Department on Nov. 12" and filed another petition asking "the state Supreme Court on Monday to immediately block Dane County’s ban on indoor gatherings".

The Wisconsin Supreme Court ruled in September that "Dane County health officials cannot prohibit private schools from holding in-person classes until the state Supreme Court makes a formal decision on the matter" and blocked the City of Racine in November from "closing all public and private schools in an effort to reduce the spread of COVID-19."

On December 8, 2020, the Wisconsin Supreme Court heard arguments in a consolidation of lawsuits related to pandemic school closure challenges. WILL founder Rick Esenberg was one of three attorneys who argued against school closures.

WILL Sues Wisconsin Election Commission to Purge 209,000 from Voter Rolls

The Center for Media and Democracy reported that,

"On October 16, 2019, WILL filed a legal complaint against the Wisconsin Elections Commission (WEC) arguing that the Commission is required by law to remove more than 200,000 voters flagged as “movers” by the Electronic Registration Information Center (ERIC). ERIC, a project of Pew Charitable Trusts used by 28 states and the District of Columbia, uses official data, such as motor vehicle registrations and U.S. Postal Service addresses, to help states identify people eligible for voter registration and to keep voter rolls up to date.

Based on ERIC’s 'mover' database, WEC began sending out postcards in October 2017 to flagged voters directing them to confirm their address or reregister in order to stay on the voter rolls. As a result of that mailing, WEC deactivated 335,701 voters in January 2018. However, flaws in the data and process created significant problems in the 2018 primaries when thousands of voters showed up at the polls, only to find that they were no longer registered. In 2019, WEC concluded that problems with the ERIC database resulted in an error rate of at least 14 percent, causing 46,475 voters to be deactivated even though they never moved.

WEC sent out another 234,000 postcards to voters identified by ERIC’s 'mover' database in October 2019, and 209,000 did not respond. However, given the error rate on the 2018 list, WEC decided to wait until after the 2020 elections to deactivate those voters.

WILL claims that state law dictates that voters must be purged from the rolls 30 days after failing to respond to a WEC verification mailing based on 'reliable information' that they have moved. WEC contends that because ERIC’s 'mover' database is not reliable, they have discretion on how and when to proceed, and have decided to give voters until the spring of 2021 to confirm or update their information.

On December 13, 2019, a lower court judge agreed with WILL and ordered WEC to remove the 209,000 voters from the rolls. On Monday, WEC commissioners were found in contempt for not complying with the Judge’s order. However, the Supreme Court voted narrowly to not take the case on an expedited basis, bumping it instead to an appeals court which granted a stay on the purge order on Tuesday, making it unlikely that anyone will be removed from the rolls before the April primary."

WILL Produces Flawed Badgercare Study with Center for Research on the Wisconsin Economy

Center for Research on the Wisconsin Economy (CROWE) and WILL published a paper claiming expanding Medicaid in the state (BadgerCare) would cost taxpayers a whopping $600 million. Wisconsin Republican State Senators Dave Craig, Duey Stroebel, and Chris Kapenga held a news conference to unveil the study. Conservative media groups such as the MacIver Institute circulated the report.

Numerous experts called out the study: “This study has several methodological and analytical flaws that substantially compromise the validity of its conclusions,” Donna Friedsam, health policy programs director of UW-Madison’s Population Health Institute, told the Wisconsin State Journal; “Incredibly sloppy & dishonest work with pathetic attempts at empirical estimation. This is so below your abilities @Bellmanequation Makes me sad that program with [a] reputation for careful policy work @WIeconomics is associated with this garbage. Numerous inaccuracies in [the] report,” Tim Classen, Loyola University of Chicago economist tweeted. UW Health Policy published a rebuttal by Professors and researchers from the UW Madison Population Health Institute claiming that "that the contents do not justify the authors’ conclusion."

Defense of Marquette Professor

In 2018, WILL represented a Marquette University professor, John McAdams who "criticized a graduate student by name on his personal blog over how she handled a classroom discussion that turned to gay marriage." WILL defended the "post attacking Cheryl Abbate" stating that "Marquette's actions violated his right to academic freedom as a professor.

Marquette University disagreed, stating that “A tenured professor put a graduate student’s name and contact information on the internet so that people could go after her...That’s not academic freedom, that’s cyberbullying."

WILL won the case, meaning Marquette had to re-instate him as a professor.

Lawsuit with Wisconsin Superintendent

Wisconsin State Superintendent and one of the 2018 Democratic gubernatorial candidates Tony Evers was sued by WILL. The organization argued that in his capacity as head of the Department of Public Instruction, "Evers has been writing school regulations without approval from Walker or his administration in violation of state law." According to the Wisconsin State Journal, Evers argued that law doesn’t apply to him based on a 2016 Supreme Court ruling which found he, as the superintendent, can act independently of the Republican-controlled executive branch.

In a subsequent, but related lawsuit, WILL and Evers butted head over who could represent the Democrat in court. According to Wisconsin Public Radio, both incumbent Governor Scott Walker and WILL argued that Wisconsin's Republican Attorney General Brad Schimel should represent the Department of Public Instruction and Evers. The court decided that Evers could be represented by lawyers from the Department of Public Instruction and Evers and that allowing Schimel to represent Evers would be giving the Attorney General "breathtaking power."

WILL Founds The Center for Competitive Federalism with Cash From Bradley Foundation

In July 2016, WILL launched an initiative to protect the rights of states and limit the power of the federal government. According to its website, the Center for Competitive Federalism (CCF) will "engage in strategic litigation and public education to advance the “competitive” federalism established by the Constitution – a system in which the authority of both the states and federal government is carefully delineated and circumscribed and which is informed by the need to protect the liberty of persons and not the prerogatives of government." CCF's director is Mario Loyola, former contributing editor at the National Review and former senior fellow at the Texas Public Policy Foundation, also a member of the State Policy Network. The Lynde and Harry Bradley Foundation provided millions of dollars in funding for the CCF.

Scott Ross of One Wisconsin Now argues that the Bradley Foundation does not represent citizens of the State of Wisconsin and will use CCF as a tool for its political agenda, "They'll write more seven-figure checks from this right-wing slush fund to sue on behalf of Scott Walker's radical social agenda, failed economic agenda and to attack Walker's political opponents."

Court Cases

Challenges Wisconsin Contribution Limits to Political Action Committees

WILL represented the CRG Network when it sued the Wisconsin Government Accountability Board (GAB) in federal court on June 23, 2014 to end enforcement of a Wisconsin campaign finance law limiting total contributions to candidates by political action committees. U.S. District Judge Rudolph Randa sided with CRG, issuing a temporary injunction on September 5, 2014 that prohibited enforcement of the law. As of May 2015, the GAB had ceased enforcing aggregate PAC limits and a final decision on the case was still pending.

CRG's lawsuit was filed by the Wisconsin Institute for Law & Liberty (WILL) and the suit was reportedly funded by Citizens for Self-Governance, an organization founded by Eric O'Keefe, who also sits on its board. At the time, O'Keefe's Wisconsin Club for Growth was at the center for a John Doe investigation into possible illegal campaign coordination related to Wisconsin Governor Scott Walker. One of O'Keefe's main complaints about the John Doe investigation, as described by his lawyer, David Rivkin, is that it was "chilling" free speech and the ability of political organizations to raise and spend money in Wisconsin.

Support for Act 10

In February 2013, WILL helped 3 teachers file an amicus curiae brief defending Governor Scott Walker's union-busting reforms.

WILL also filed a lawsuit against the Milwaukee Area Technical College (MATC) for allegedly violating Act 10 by approving a labor agreement. The plaintiff in the lawsuit has been teaching at MATC since 1984. She said, "I'm appalled that my union would flout the law and negotiate an illegal contract."

McCutcheon, et al. v. FEC

Shaun McCutcheon and the Republican National Committee (RNC) filed a lawsuit challenging the Federal Election Commission's biennial limit on individual contributions contending the limit is unconstitutionally low and not supported by a sufficient governmental interest. WILL filed an amicus curiae brief in support of the plaintiff-appellants. The Supreme Court of the United States granted certiorari and will hear the case during the Fall 2013 session.

Ties to the Bradley Foundation

WILL's President and General Counsel Esenberg Speaks at First Bradley Forum at ALEC States & Nation

The First-Ever Bradley Forum at SNPS 2018

Rick Esenberg spoke at the first ever Bradley Foundation Forum at the the 2018 ALEC States & Nation meeting on December 4, 2018. Ramesh Ponnuru of the National Review, Tarren Bragdon of the Foundation for Government Accountability and Henry Olsen of the Ethics and Public Policy Center also spoke on the panel.

Former Bradley President and CEO on WILL Board of Directors

As of January 2020, Micheal Grebe, former President and CEO of the Bradley Foundation, sits on the Board of Directors at WILL.

Grant Information

Between 2011 and 2018 the Wisconsin Institute for Law & Liberty received $5,910,710 from the Lynde and Harry Bradley Foundation, and $416,000 from the Bradley Impact Fund. Together, this makes up 52% of WILL's total revenue between 2011 and 2018.

Bradley detailed the most recent grants in internal documents examined by the Center for Media and Democracy (CMD). Below is a description of the grant prepared by CMD. The quoted text was written by Bradley staff.

2015-2016: (Barder Fund): $1,155,355 over three years to create a “Center for Competitive Federalism” to work with others in Bradley’s Wisconsin Network, including WPRI, to cast federal programs as overly burdensome to the states.

2015: $500,000 to support general operations. Bradley calls WILL its MVP of the Wisconsin Network. “Nearly all of the organizations of the conservative infrastructure come to WILL for advice… In the (four) years since its inception (WILL) had made itself the indispensable partner to nearly every member of the Wisconsin Network, and has been a voice in nearly every public controversy over property rights, free speech and limited government in Wisconsin…WILL has taken the lead in the fight against the Milwaukee Street Car, sued Milwaukee County Board for open meetings violations, sued against the Kenosha Unified School Board for violating Act 10, filed an amicus brief in McCutcheon v FEC, filed suit against the Government Accountability Board (GAB), partnered with the National Right to Work Legal Defense Foundation to rebuff union challenges to Act 10 and represented a UWM student whose dissertation criticizing MPS was used to bar her graduation. WILL has worked with School Choice Wisconsin, Media Trackers, the MacIver Institute, American Majority and Education Action Group.”

2014: $500,000 to support general operations. WILL “has grown from 2 to 5 attorneys plus an unpaid legal fellow, MU Law School approved WILL’s participation in its internship program…It is estimated that for the cost of $1.4 million roughly $4.3 million in legal services were provided.”

Bradley Files

In 2017, the Center for Media and Democracy (CMD), publishers of SourceWatch, launched a series of articles on the Milwaukee-based Lynde and Harry Bradley Foundation, exposing the inner-workings of one of America's largest right-wing foundations. 56,000 previously undisclosed documents laid bare the Bradley Foundation's highly politicized agenda. CMD detailed Bradley's efforts to map and measure right wing infrastructure nationwide, including by dismantling and defunding unions to impact state elections; bankrolling discredited spin doctor Richard Berman and his many front groups; and more. Find the series here at ExposedbyCMD.org.

Ties to ALEC

WILL Presents Paper at ALEC's Fall 2016 Meeting

WILL President Rick Esenberg, WILL Senior Fellow and Center for Competitive Federalism Director Mario Loyola, and Federal Litigator Jake Curtis presented a paper written by Loyola entitled, A Common Cause: Uniting the States Against Federal Overreach, at the American Legislative Exchange Council fall meeting in November 2016.

WILL Signs onto Letter with ALEC in Support of CEI

WILL signed onto a letter with ALEC and many other Koch-backed groups and SPN members hosted on the ALEC website expressing support of the Competitive Enterprise Institute (CEI). The letter addressed to CEI's President Kent Lassman offers support to the "think tank" in face of a subpoena from U.S. Virgin Islands Attorney General (AG) Claude Walker filed in May 2016 asking for all of CEI's communication on climate change between 1997 and 2007. AG Walker withdrew his subpoena.

Politico reported that,

"Walker argued that the withdrawn subpoena would help the case against Exxon by clearing space for the Justice Department — which has not yet confirmed an official inquiry into the company’s climate record — 'to focus on its ongoing investigation, without the distraction of this procedural litigation.'"

About ALEC

ALEC is a corporate bill mill. It is not just a lobby or a front group; it is much more powerful than that. Through ALEC, corporations hand state legislators their wishlists to benefit their bottom line. Corporations fund almost all of ALEC's operations. They pay for a seat on ALEC task forces where corporate lobbyists and special interest reps vote with elected officials to approve “model” bills. Learn more at the Center for Media and Democracy's ALECexposed.org, and check out breaking news on our ExposedbyCMD.org site.

Ties to the State Policy Network

WILL is a member of SPN. SPN is a web of right-wing “think tanks” and tax-exempt organizations in 48 states, Washington, D.C., Puerto Rico, and the United Kingdom. As of June 2024, SPN's membership totals 167. Today's SPN is the tip of the spear of far-right, nationally funded policy agenda in the states that undergirds extremists in the Republican Party. SPN Executive Director Tracie Sharp told the Wall Street Journal in 2017 that the revenue of the combined groups was some $80 million, but a 2022 analysis of SPN's main members IRS filings by the Center for Media and Democracy shows that the combined revenue is over $152 million. Although SPN's member organizations claim to be nonpartisan and independent, the Center for Media and Democracy's in-depth investigation, "EXPOSED: The State Policy Network -- The Powerful Right-Wing Network Helping to Hijack State Politics and Government," reveals that SPN and its member think tanks are major drivers of the right-wing, American Legislative Exchange Council (ALEC)-backed corporate agenda in state houses nationwide, with deep ties to the Koch brothers and the national right-wing network of funders.

In response to CMD's report, SPN Executive Director Tracie Sharp told national and statehouse reporters that SPN affiliates are "fiercely independent." Later the same week, however, The New Yorker's Jane Mayer caught Sharp in a contradiction. In her article, "Is IKEA the New Model for the Conservative Movement?," the Pulitzer-nominated reporter revealed that, in a recent meeting behind closed doors with the heads of SPN affiliates around the country, Sharp "compared the organization’s model to that of the giant global chain IKEA." She reportedly said that SPN "would provide 'the raw materials,' along with the 'services' needed to assemble the products. Rather than acting like passive customers who buy finished products, she wanted each state group to show the enterprise and creativity needed to assemble the parts in their home states. 'Pick what you need,' she said, 'and customize it for what works best for you.'" Not only that, but Sharp "also acknowledged privately to the members that the organization's often anonymous donors frequently shape the agenda. 'The grants are driven by donor intent,' she told the gathered think-tank heads. She added that, often, 'the donors have a very specific idea of what they want to happen.'"

A set of coordinated fundraising proposals obtained and released by The Guardian in early December 2013 confirm many of these SPN members' intent to change state laws and policies, referring to "advancing model legislation" and "candidate briefings." These activities "arguably cross the line into lobbying," The Guardian notes.

Contributions to Wisconsin Supreme Court Justices

WILL employees contribute to the campaigns of Wisconsin Supreme Court justices, which hear cases argued by WILL lawyers. As of January 2020, below is a summary of those contributions:

• Rick Esenberg, President and General Counsel at WILL, has given $1,000 to Justice Brian Hagedorn and $500 to Justice Rebecca Bradley.
• CJ Szafir, Executive Vice President at WILL, has given $350 to Justice Brian Hagedorn.
• Lucas Vebber, Deputy Counsel and Director of Regulatory Reform and Federalism, has given $100 to Justice Brian Hagedorn.
• Don Daugherty, Senior Counsel at WILL, has given $500 to Justice Brian Hagedorn and $1,000 to Justice Rebecca Bradley.
• Michael Grebe, Director on WILL's Board, has given $1,000 to Justice Daniel Kelly, $1,000 to Justice Brian Hagedorn, $5,000 to Justice Rebecca Bradley, $3,500 to Justice Annette Ziegler, and $3,500 to Chief Justice Pat Roggensack.
• James T. Barry, III, Director on WILL's Board, has given $1,000 to Justice Daniel Kelly, $2,500 to Justice Brian Hagedorn, $1,200 to Justice Rebecca Bradley, and $600 to Chief Justice Pat Roggensack.

Funding

The Wisconsin Institute for Law & Liberty is not required to disclose its funders. Its major foundation funders, however, can be found through a search of the IRS filings, Bradley Foundation internal files, and annual review filings. Here are the know funders of WILL:

• Adolph Coors Foundation: $90,000 (2015-2021)
• Aloysius Foundation: $15,000 (2022)
• Bader Family Foundation: $1,047,500 (2018-2022)
• Bradley Impact Fund: $1,396,748 (2013-2022)
• Briggs and Stratton Corporation Foundation: $5,400 (2016-2018)
• Capital Leaders: $140,000 (2017)
• Charles Koch Foundation: $80,000 (2018-2019)
• Chicago Community Trust: $25,000 (2021)
• David V Uihlein Foundation: $10,000 (2022)
• Diane Hendricks: $75,000 (2014)
• DonorsTrust: $633,400 (2014-2022)
• Duane and Dorothy Bluemke Foundation: $9,000 (2016-2022)
• Dwight and Linda Davis Foundation: $120,000 (2021-2022)
• Ed Uihlein Family Foundation: $45,000 (2021-2022)
• Eric O'Keefe: $10,000 (2014)
• Fidelity Investments Charitable Gift Fund: $44,850 (2019-2021)
• Flowers Family Foundation: $10,000 (2022)
• Foundation for the Restoration of America: $100,000 (2021)
• George Mosher: $10,000 (2014)
• Greater Milwaukee Foundation: $21,000 (2022)
• Hamilton Roddis Foundation: $15,000 (2020-2021)
• Joel and Rachel Bomgar Foundation: $25,450 (2017-2018)
• Kern Family Foundation: $3,811,753 (2012-2022)
• Lynde and Harry Bradley Foundation: $9,397,210 (2011-2022)
• Mark S Bradley Charitable Foundation: $1,000 (2021)
• Nasgovitz Family Foundation: $10,000 (2022)
• National Christian Charitable Foundation: $197,430 (2020-2022)
• National Philanthropic Trust: $257,725 (2019-2021)
• Rite-Hite Corporation Foundation: $942,000 (2012-2022)
• Roe Foundation: $75,000 (2018-2020)
• Schwab Charitable Gift Fund: $43,904 (2018-2021)
• Searle Freedom Trust: $350,000 (2021-2022)
• Stand Together Fellowships: $210,000] (2015-2020)
• State Policy Network: $304,000 (2016-2022)
• Stephen Harris: $100 (2014)
• The 85 Fund: $150,000 (2021)
• Vanguard Charitable Endowment Program: $430,000 (2015-2021)
• Walter S Mander Foundation: $5,000 (2021)
• Walton Family Foundation: $2,122,114 (2014-2020)
• William S Knight Foundation: $25,000 (2020)

Core Financials

2022

• Total Revenue: $4,665,104
• Total Expenses: $3,417,220
• Net Assets: $5,872,314

2021

• Total Revenue: $4,311,176
• Total Expenses: $3,119,137
• Net Assets: $4,624,430

2020

• Total Revenue: $2,847,886
• Total Expenses: $2,593,490
• Net Assets: $3,432,391

2019

• Total Revenue: $2,344,648
• Total Expenses: $2,518,375
• Net Assets: $2,877,995

2018

• Total Revenue: $1,910,930
• Total Expenses: $2,020,784
• Net Assets: $3,051,722

2017

• Total Revenue: $2,117,912
• Total Expenses: $1,907,460
• Net Assets: $3,161,576

2016

• Total Revenue: $1,378,877
• Total Expenses: $1,599,898
• Net Assets: $2,951,124

2015

• Total Revenue: $3,001,261
• Total Expenses: $1,309,639
• Net Assets: $3,172,145

2014

• Total Revenue: $1,611,698
• Total Expenses: $791,708
• Net Assets: $1,408,523

2013

• Total Revenue: $938,457
• Total Expenses: $663,606
• Net Assets: $660,553

2012

• Total Revenue: $664,068
• Total Expenses: $514,619
• Net Assets: $385,592

2011

• Total Revenue: $511,939
• Total Expenses: $275,796
• Net Assets: $236,143

Personnel

Staff

As of December 2022:

• Rick Esenberg, President and General Counsel
• Brian McGrath, Senior Counsel
• Mike Fischer, Senior Counsel
• Anthony LoCoco, Deputy Counsel
• Lucas Vebber, Deputy Counsel
• Luke Berg, Deputy Counsel (former Deputy Solicitor General and Assistant Attorney General with former Attorney General Brad Schimel)
• Dan Lennington, Deputy Counsel
• Katherine Spitz, Associate Counsel
• Cory Brewer, Associate Counsel
• Cara Tolliver, Associate Counsel
• Annalise Ehlenbach, Paralegal
• Libby Sobic, Director of Education Policy
• Kyle Koenen, Director of Policy
• Will Flanders, Ph.D., Research Director
• Noah Diekemper, Senior Research Analyst
• Cori Petersen, Writer and Research Analyst
• Miranda Spindt, Policy Associate
• Shannon Whitworth, Bradley Freedom Fellow
• Stacy A. Stueck, Director of Administration and Corporate Secretary
• Lesley Luehrs, Director of Development
• Eric Searing, Director of External Relations
• Ameillia Wedward, Communications & Development Associate

Former Staff

• Adam Hoffer, Bradley Freedom Fellow
• Collin Roth, Director of Communication
• Jim Pugh, Director of Advancement
• Don Daugherty, Senior Counsel
• Cori O'Connor Petersen, Writer and Research Analyst
• Jessica Holmberg, Policy and Communications Associate
• CJ Szafir, Executive Vice President
• Lucas Vebber, Deputy Counsel and Director of Regulatory Reform and Federalism
• Tom Kamenick, Deputy Counsel and Litigation Manager
• Jake Curtis, Associate Counsel & Federalism Litigator
• Clyde Taylor, Associate Counsel
• Cameron Sholty, Communications Director
• Virginia Zignego, Director of Development
• Natalie Goodnow, Research Fellow
• Mario Loyola, Senior Fellow
• Jennifer Johnson, Law Clerk
• Elena Ramlow, Policy Intern

Board of Directors

As of December 2022:

• James T. Barry, III, Chairman
• Michael H. White, Director
• Michael Grebe, Director
• Christopher Wolfe, Director
• Rick Esenberg, Director

Contact Information

Wisconsin Institute for Law & Liberty
330 E. Kilbourn Ave., Suite 725
Milwaukee, WI 53202
Phone: (414) 727-WILL(9455)
Fax: (414) 727-6385
Website: http://www.will-law.org
Email: info@will-law.org
Twitter:https://twitter.com/wilawliberty
Facebook: https://www.facebook.com/Wisconsin-Institute-for-Law-Liberty-191561687596446/

Articles and Resources

IRS Form 990 Filings

2022

2021

2020

2019

2018

2017

2016

2015

2014