MADISON, Wis. (AP) – An unprecedented change in Wisconsin law that would send challenges to Foxconn Technology Group’s plant straight to the conservative-leaning state Supreme Court would hand the company an advantage nobody else doing business in the state enjoys, legal experts said Wednesday.
Republicans on the Legislature’s budget-writing committee added language Tuesday to Gov. Scott Walker’s $3 billion incentives package for the plant that would allow parties in lawsuits involving the facility to appeal trial judges’ rulings directly to the Supreme Court rather than work through the intermediate appeal court process. The provision also would automatically stay any trial judges’ rulings pending the outcome of the appeal.
The move would represent a massive shift in state law. Right now, the Supreme Court decides what cases to take and nobody has a right to be heard before the high court. No rulings are automatically frozen pending appeal.
It signals Republicans anticipate challenges to the plant’s construction and other parts of the incentives package that exempt the plant from a host of environmental regulations. Bypassing the appellate courts and sending appeals straight to the Supreme Court, which is controlled by five conservative-leaning justices, would expedite case resolutions by months or perhaps even years.
“We believe this is a constitutional measure which will provide prompt resolution of disputes and prevent frivolous lawsuits from stonewalling thousands of good-paying jobs,” Walker spokesman Tom Evenson said.