July 27, 2026: Youth Plaintiffs File Opening Appellate Brief

The youth plaintiffs filed their opening brief with the Wisconsin Court of Appeals, asking the Court to reverse the circuit court's dismissal and return their case for further proceedings on the merits. The brief argues the circuit court was wrong in concluding that the youth plaintiffs' constitutional claims presented a nonjusticiable political question, and that their claims are justiciable for four reasons: their challenge is justiciable under Wisconsin's Uniform Declaratory Judgment Act and consistent with the separation of powers; judicial review is especially critical because their claims implicate inherent rights under Wisconsin's Constitution; no Wisconsin appellate court has ever found constitutional claims to present a nonjusticiable political question; and even under the U.S. Supreme Court's Baker v. Carr factors, none apply. 

The brief emphasizes that the youth plaintiffs are not asking the Court to decide their claims on the merits at this stage. They simply seek their day in court to present evidence as to how the challenged statutes are worsening climate change, exacerbating their climate injuries, risking their future, and violating their state constitutional rights.