Voters walk to a polling place at a school gym in New Orleans. Republicans could gain scores of state legislative seats if the U.S. Supreme Court weakens a federal voting rights law, a new analysis finds. (Photo by Stacy Revere/Getty Images)

Republicans could gain nearly 200 state legislative seats across the South if the U.S. Supreme Court guts a key provision of the federal Voting Rights Act, a new analysis finds.

The bulk of the gains would be concentrated in 10 GOP-controlled state legislatures in Southern states, according to the analysis, produced by Fair Fight Action, a Georgia-based progressive voting rights group, in partnership with Black Voters Matter Fund, which advocates on behalf of Black voters.

The analysis, featured in a report released by the groups on Monday, underscores the alarm among progressives over the potential consequences of the Supreme Court’s looming decision in a case known as Louisiana v. Callais. While the case centers on the constitutionality of Louisiana’s congressional map, the effects of the decision could extend into statehouses across the country.

The Supreme Court’s conservative majority appears likely to severely weaken Section 2 of the Voting Rights Act, a landmark 1965 civil rights law that bans racial discrimination in voting access. Section 2 restricts racial gerrymandering, and until now has limited the power of lawmakers to draw districts that dilute the voting power of racial minority voters.

A sweeping decision by the court could give state lawmakers a freer hand to draw congressional and state legislative districts that dilute the power of minority voters — as well as districts for local governments, such as county commissions, city councils and school boards. The justices held oral arguments in October; a decision could come at any time.

At the state legislative level, a court ruling that strikes down Section 2 could lead to Democrats losing about 191 seats, according to the analysis, which examined how state legislative districts could be redrawn if Section 2 is no longer in place. Most of those seats are currently held by Black lawmakers in districts where minority voters make up a majority of residents.

“What that is doing is providing a fatal blow to Black representation in the South,” Fair Fight Action CEO Lauren Groh-Wargo said in an interview.

The total number of state legislative districts in 10 Southern states where Black or Hispanic voters comprise a majority could fall from 342 to 202. Those states are Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Texas.

Some Republican states argue that courts have interpreted Section 2’s protections too broadly and in the process wrongly restrained the ability of lawmakers to draw favorable maps.

Alabama and 13 other GOP states said in a brief filed with the Supreme Court earlier this year that Section 2 has been turned into “the proverbial golden hammer, wielded by plaintiffs and courts in a never-ending search for a nail.”

If the Supreme Court weakens the Voting Rights Act, it’s unclear whether state legislatures would pursue mid-decade redraws of state legislative districts. Redistricting typically occurs every 10 years following the census.

At the federal level, a previous analysis by Fair Fight Action and Black Voters Matter Fund projected Republicans could draw an additional 19 U.S. House seats if Section 2 protections were removed.

While a few states have passed new congressional maps already this year, those efforts have proven highly controversial. Some states, such as Indiana and Kansas, have abandoned or rejected them for now.

Stateline reporter Jonathan Shorman can be reached at jshorman@stateline.org.

Wisconsin Supreme Court chambers. (Photo by Baylor Spears/Wisconsin Examiner)

The Wisconsin Supreme Court declined Monday to throw out Wisconsin’s religious exemption from the state’s unemployment insurance system and affirmed that Catholic Charities organizations in Wisconsin are exempt.

The state’s highest court acted in response to the U.S. Supreme Court’s ruling in June reversing the Wisconsin Court’s decision in 2024, which found the organizations didn’t qualify for the state law’s UI religious exemption.

Monday’s unsigned order made no statements for or against any of the numerous briefs that were filed with the Wisconsin Court after the Supreme Court ruling.

In a 4-3 ruling in March 2024, the Wisconsin Supreme Court held that Catholic Charities’ work was secular rather than religious, and that the organization therefore was not entitled to an exemption in Wisconsin’s unemployment insurance law.

The religious exemption is reserved for employees of churches, their parent organizations, employees of organizations “operated primarily for religious purposes” and controlled by churches or church associations, church ministers or members of a religious order.

The U.S. Supreme Court ruled unanimously June 5, 2025, that the Wisconsin Court’s ruling “grants a denominational preference by explicitly differentiating between religions based on theological practices” and therefore violated the First Amendment of the U.S. Constitution’s religious freedom provision.

After that ruling, both Catholic Charities and the Wisconsin Department of Justice filed proposed remedies with the Wisconsin Court. The Wisconsin DOJ called on the court to throw out the state law’s religious exemption to restore “equal treatment.”

Catholic Charities rejected that proposal, declaring it showed “animus” toward the charity, and urged the court instead to affirm the exemption.

In the decision Monday, the Wisconsin Supreme Court sent the case back to Douglas County Circuit Court. The order directs the lower court to vacate earlier Labor and Industry Review Commission decisions denying the religious exemption and to direct LIRC to declare Catholic Charities “eligible for the religious purposes exemption to unemployment taxation.”

Victor Forberger, a Wisconsin unemployment lawyer who has written about the case on his blog, told the Wisconsin Examiner that the state high court’s action Monday was not a surprise in light of the U.S. Supreme Court ruling.

The federal ruling, however, did not address calls by outside groups seeking a more sweeping religious exemption, Forberger said. “How this is going to play out with other entities and their claim for religious exemptions are all to be determined,” he added.

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Holstein milking cows at an Idaho dairy on July 20, 2012. (Photo by Kirsten Strough/U.S. Department of Agriculture.)

WASHINGTON — School cafeterias got a step closer to seeing whole milk again after the U.S. House passed a measure Monday to restore the dairy staple to school lunches. 

The bill unanimously passed the Senate back in November, and now heads to President Donald Trump’s desk. 

The bipartisan effort — which passed the House by voice vote — came after whole milk was barred from school meal programs for more than a decade amid a broader push to curb childhood obesity. 

Under the bill, schools that participate in the U.S. Department of Agriculture’s National School Lunch Program would be allowed to offer “flavored and unflavored organic or nonorganic whole, reduced-fat, low-fat, and fat-free fluid milk and lactose free fluid milk” as well as “nondairy beverages that are nutritionally equivalent to fluid milk and meet the nutritional standards established by the Secretary.” 

The bill also would exempt milk fat from being considered saturated fat as it applies to schools’ “allowable average saturated fat content of a meal.” 

The measure allows parents and guardians, on top of physicians, to offer a written statement for their student to receive a nondairy milk substitute.  

GOP Sens. Roger Marshall of Kansas and Dave McCormick of Pennsylvania, along with Democratic Sens. Peter Welch of Vermont and John Fetterman of Pennsylvania, introduced the measure in the Senate in January. 

Republican Rep. Glenn “GT” Thompson of Pennsylvania and Democratic Rep. Kim Schrier of Washington state brought corresponding legislation in the House.

‘An essential building block’

During floor debate Monday, Thompson, who chairs the House Agriculture Committee, said the bill’s purpose is to “restore students’ access to a wide variety of milk options, ensuring students have the necessary nutrients to learn and to grow.” 

Thompson said “milk is an essential building block for a well-rounded and balanced diet, offering 13 essential nutrients and numerous health benefits,” but that “unfortunately, out-of-touch and outdated federal regulations have imposed restrictions on the types of milk students have access to in school meals.” 

Thompson pointed out that the bill “does not require any student to drink or any school to serve whole milk” and instead “simply gives schools the flexibility to serve a broader variety of milk in the school lunchroom.” 

But Rep. Bobby Scott, ranking member of the House Committee on Education and Workforce, voiced his opposition, saying that while the bill “does make some improvements to the whole milk debate with its inclusion of better options for students seeking non-dairy alternatives,” he remains “disappointed that the bill overall would make school meals less healthy.”

The Virginia Democrat said the bill “goes against the dairy industry’s stated commitment to ensure that students have access to the healthiest dairy options” consistent with USDA’s and the U.S. Department of Health and Human Services’ Dietary Guidelines for Americans.

Milk industry praise

The top five milk-producing states in 2023 were California, Wisconsin, Idaho, Texas and New York, according to the U.S. Department of Agriculture’s Economic Research Service.

Michael Dykes, president and CEO of the International Dairy Foods Association, celebrated House passage of the bill, which he dubbed a “defining victory for children’s health and for the dairy community that has fought for more than a decade to restore whole and 2% milk for our nation’s students.” 

Dykes urged Trump to sign the bill into law so that USDA “can begin working with state governments and school districts across the country to make this law a reality.” 

A small cannabis plant. (Photo by Getty Images)

President Donald Trump’s administration is looking “very strongly” at reclassifying cannabis from the strictest category of controlled substances, Trump said Monday.

In a brief affirmative response to a reporter’s question in the Oval Office, the president confirmed he is considering a reclassification of marijuana to unlock research funding.

“A lot of people want to see it — the reclassification — because it leads to tremendous amounts of research that can’t be done unless you reclassify,” Trump said. “So we are looking at that very strongly.”

Marijuana is considered a Schedule I drug under the Food and Drug Administration’s classification of controlled substances. The FDA defines drugs on the list, such as heroin and cocaine, as lacking any medicinal value and carrying a high likelihood of abuse.

The designation carries a host of consequences, including a virtual ban on funding research for medicinal or other uses of the drug.

While marijuana use, both medicinal and recreational, is legal in many states, it remains illegal to possess or use in any amount for any reason under federal law.

Advocates have sought for decades to legalize or decriminalize the drug, which many see as less harmful than other Schedule I substances.

The growing split in recent years among many states and federal law has ramped up pressure on federal policymakers to alter the drug’s legal status.

Marijuana businesses in states where it is legal lack access to financial institutions, which cannot lend to businesses considered illegal by federal authorities.

States, meanwhile, have had difficulty regulating the environmental and health aspects of their industries.

And lawmakers, especially Democrats, have increasingly highlighted the frequent injustice of marijuana prosecutions that disproportionately affect communities of color and poor communities, though the drug is widely used across race and economic status.

The suspected shooter is shown taking a right on Waterman Street after leaving the Barus and Holley engineering building Saturday. Police say they cannot tie this man to the man detained at a Coventry hotel. (Screenshot from Providence police video)

Providence police will release the man apprehended at a Coventry hotel early Sunday morning as part of their investigation of the mass shooting at Brown University’s engineering and physics building.

The surprising news came at a twice delayed press conference that began shortly after 11 p.m. at the Providence Public Safety Complex. The press conference was originally slated to begin at 10:30 p.m. and then 10:45 p.m.   

“I’ve been around long enough to know that sometimes you head in one direction and you have to regroup and go in another and that is what has happened over the last 24 hours or so,” Rhode Island Attorney General Peter Neronha said.

The press conference came hours after national news outlets had already named a 24-year-old Wisconsin man, citing law enforcement sources speaking on condition of anonymity. The Associated Press had reported that police had seized two handguns and two loaded 30-round magazines when the man was detained at the Hampton Inn in Coventry.

“What is really unfortunate is that this person’s name was leaked to the public,” Neronha went on. “It’s hard to put that back in the bottle.”

Neronha declined to say what eliminated him as a person of interest.

Meanwhile, officials are still not releasing the names of the victims in the shooting, which killed two students and wounded nine others. Eight students remain hospitalized at Rhode Island Hospital.

Providence Mayor Brett Smiley said that the search will continue for additional video evidence. Residents living near the Brown University campus, particularly along Hope and Waterman streets, who have doorbells that record motion, are asked to upload any videos recorded after the shooting happened Saturday around 4 p.m. to a designated page on the FBI website.

Smiley said residents and business owners in the area who have video from that time can also call police at (401) 272-3121.

When a reporter asked Neronha if the person of interest would be exonerated in writing, after having his name nationally broadcasted in relation to a mass shooting, Neronha opted to sketch “a clear picture” of case law and the duration of forensics.  

“We can detain someone for a reasonable period of time if there is evidence as such that points to that person being involved in criminal activity,” Neronha said. “So you know, evidence doesn’t appear on your doorstep and you have answers to it within the first 15 minutes.”

Evidence, Neronha added, takes time and testing to confirm. Some tests can take an entire day to perform. 

“So over the course of the day, while we’re following up leads elsewhere, those initial leads may come back positive or may come back negative,” Neronha said. “Here they came back negative.”

Neronha got testy once more when a reporter asked about the availability of any additional video evidence. Smiley was at the podium, but Neronha’s voice boomed forward in reply. 

“If we had that video, you’d have it,” Neronha said. “Obviously, if there was, if there was a piece of video [where] we can show you a face and say, ‘This is our person of interest, or suspect,’ you’d have it.”

Asked about the possibility of additional video — whether from cameras at Brown or in the surrounding area, like homes or businesses — the AG offered a more resigned reply. 

“We’re not holding back video,” Neronha said. “We’re not holding back video that we think would be useful, and I don’t think I should even have to say it.”

The Barus and Holley engineering building where the shooting occurred is an older building with few cameras, Neronha said.

Still, Neronha said, officials cannot divulge everything. “We have a murderer out there, frankly,” he said. “And so we’re not going to give away the game plan.”

Smiley said the individual would “shortly be released” from the Providence Police but did not give a specific time.  

Smiley pledged to provide additional updates as the investigation continues.

“The community deserves to know the progress we are making in this investigation,” Smiley said. “I imagine that the Providence community feels a little bit more anxious than they did an hour ago, and I understand that.”

At a press conference Sunday morning, Providence Police Chief Col. Oscar Perez was cautious in choosing his words to describe the status of the person of interest as being detained and not in custody. Perez had stopped short of saying the man apprehended in Coventry was the same man wearing all black shown walking on Hope Street and taking a right on Waterman Street in the video police released Saturday night.

Asked by a reporter if the man detained was the same man in the video, Perez was clear. “We do not have enough evidence to corroborate that,” the chief said. 

WisconsinEye shut down its website on Monday due to a lack of funding. Emilie Amundson, secretary of the Department of Children and Families at the time, testifies during a hearing in the state Capitol in October 2023 as a WisEye microphone and camera record the session.(Screenshot/WisEye)

WisconsinEye, the independent, nonprofit service that provides video coverage of legislative hearings, floor sessions and Wisconsin state government business similar to C-Span, shut down its website on Monday due to a lack of funding. 

The organization, which launched in 2007, first warned in November it was at risk of halting live coverage as well as pulling its video archive of more than 30,000 hours of state government proceedings, candidate interviews and other programming offline. 

“Due to extreme competition and a complete collapse in private funding — marked by donor fatigue, competing nonprofit campaigns, record-breaking political fundraising and economic uncertainty — WisconsinEye’s website is unavailable,” a message on the WisEye website states. “Without consistent annual funding…. citizens, legislators, legislative staff, the governor’s administration, agency leadership and staff, trade associations, attorneys and the courts, local government officials, journalists and all print, cable, television and radio news outlets, businesses, nonprofit organizations — all lose the only reliable and proven source of unfiltered State Capitol news and state government proceedings.”

Jon Henkes, the president of WisconsinEye, told the Examiner last month that, similar to other nonprofits, the organization has faced a tough fundraising environment since the COVID-19 pandemic. He said then that the organization has made “well qualified, well cultivated” donation requests totaling more than $9 million with none of those requests leading to donations.

Henkes said that the organization was still making donor inquiries and that raising at least $250,000 could get the organization through the first quarter of 2026. 

WisconsinEye has also turned its attention to the state Legislature for help, sending a letter to lawmakers in November asking them to make state funds available for its operational costs. 

The Wisconsin Legislature and Gov. Tony Evers set aside $10 million in matching funds in the 2023-25 state budget to help WisconsinEye build a permanent endowment. After the organization failed to raise sufficient funds to access that money, the current state budget changed provisions so that $250,000 of the $10 million was available with no match, which helped cover expenses through Dec. 15. The rest of the funding was made to be available on a dollar-by-dollar match basis, meaning as WisconsinEye raises its own funds it would be able to get an equivalent amount of state funds. The opportunity for the organization to access the funds expires in June 2026.

The organization is asking for the state to modify the match requirement and make funds available.

“We’re simply asking for release of those funds, or part of those funds, in a way different from the endowment,” Henkes told the Examiner in November. “The best case scenario would be if the Legislature would release a minimum of one year, so $1 million, essentially to carry us forward, and we can focus 100% over the next several months through June, to really hammer down and see if we can’t raise some endowment dollars. We think that’s a very viable option, and we’re hopeful.”

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People gather to sing and show support for Judge Hannah Dugan ahead of her federal trial. (Photo by Isiah Holmes/Wisconsin Examiner)

A federal jury will begin hearing the case against Milwaukee County Circuit Court Judge Hannah Dugan, 66, on Monday in a lawsuit that has drawn national attention, weighing how far the Trump administration can go in squashing resistance to its nationwide crackdown on immigrants. 

The case revolves around events in  April, when Eduardo Flores-Ruiz, a 30-year-old Mexican immigrant who had  been charged with battery, appeared in Dugan’s courtroom. Federal agents also arrived at the courtroom that day, seeking Flores-Ruiz, whom they said entered the country illegally over a decade ago. 

Dugan confronted  the federal agents as they waited outside her courtroom. Later, she led Flores-Ruiz  and his attorney out of her courtroom through a side door which led  into the same hallway where the federal agents were waiting. Flores-Ruiz was followed into the elevator and outside by the agents, who chased and then arrested him. 

Days later, Dugan was arrested and handcuffed by FBI agents and charged with obstruction and concealing an individual. FBI Director Kash Patel posted photographs of Dugan in handcuffs and celebrated her arrest, writing on X, “No one is above the law.” 

In early April, prior to Flores-Ruiz, ICE arrested two other people at the Milwaukee County Courthouse. Officials expressed concerns that the arrests were causing defendants, witnesses and victims to avoid coming to court or cooperating with law enforcement. 

Milwaukee County Executive David Crowley objected to what he characterized as intimidation tactics in enforcing its immigration crackdown and wielding the power of the state against  “anyone who opposes these policies.” In a statement, Crowley said, “we have an obligation to administer our courts in a safe, efficient manner that delivers due process for anyone.” 

Christine Neumann-Ortiz, executive director of the immigrant rights group Voces de la Frontera, said that the Trump officials  “basically want to be unleashed to do whatever they want to commit these raids in courtrooms across the country.” Milwaukee-area Democratic Sens. Chris Larson and Tim Carpenter and Reps. Christine Sinicki, Darrin Madison, Supreme Moore Omokunde, Angelito Tenorio, and Sequanna Taylor issued a joint statement calling the county courthouse “a sanctuary for justice and peace where the accused come forward willingly in a fair an unbiased process”, and warned that “arresting people out of a courtroom will lead to a breakdown of civil society.” 

At the end of April, the Wisconsin Supreme Court suspended Dugan with pay. Her case catalyzed protests outside the Milwaukee FBI Office, and was repeatedly mentioned at the summer’s No Kings protests. In July, Republican lawmakers introduced a bill to withhold pay for suspended judges. 

“In these rare circumstances, these judges’ actions and alleged misconduct rose to such a level that suspension was warranted,” the bill’s authors, Sen. Cory Tomczyk (R-Mosinee), Assembly Majority Leader Tyler August (R-Walworth) and Rep. Shae Sortwell (R-Two Rivers) wrote in a memo.  “Simply put, Wisconsin taxpayers must be protected from the misconduct and/or commission of a crime by rogue judges.”

If convicted, Dugan, who has pleaded not guilty, faces six years in prison. Her legal team initially attempted to have the case thrown out,  t arguing that Dugan is covered by  judicial immunity. That argument was rejected by U.S. Magistrate Judge Nancy Joseph of the Eastern District of Wisconsin, who wrote that judges have civil immunity for official actions, but not criminal immunity, and that the case should go forward.

“As she said after her unnecessary arrest, Judge Dugan asserts her innocence and looks forward to being vindicated in court,” Dugan’s defense attorneys said in a statement.

On Thursday night, a crowd gathered outside the federal courthouse to support Dugan. 

Therese Heeg, 66, told the Wisconsin Examiner that she felt a responsibility to attend the rally to “protect our democracy for my children, my grandchildren, my son-in-law who’s unable to live in the U.S. because he’s from Africa, my best friend’s children who are Hispanic who are afraid for their lives, even though they’re citizens.” Heeg said she’s worried about immigration enforcement coming to the city to take people away. “Every single day there’s more and more atrocities happening right here,” said Heeg. “We are trapping people in camps…I used to wonder what it was like to live under the Nazis, and now I know, I’m living it. It’s shocking, it’s hard to comprehend at the same time that it’s happening every single day. 

Jury selection on Thursday was  closed off from the public and media by U.S. District Judge Lynn Adelman, who is hearing the case. Adelman was responding to concerns from both the prosecution and defense that public questioning would taint the jury. An audio feed allowing media to listen to the jury selection process was restored following a legal   challenge by the Milwaukee Journal Sentinel.

Sister Barbara Pfarr, who is among the leaders of the faith-based social justice group MICAH, said that the national attention on Dugan’s case shows that the judge struck a nerve by standing up to the  Trump administration. Pfarr was disturbed by the effort to restrict press access during jury selection, and wondered whether anything similar would happen during the trial. “That’s the other big reason that I’m here, we’ve lost our democracy.”

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The Madison Social Security Administration field office. The federal Administration for Children and Families is calling on states, including Wisconsin, to stop diverting Social Security and other federal benefits that are supposed to be made available to foster children. (Wisconsin Examiner photo)

Federal officials are urging 39 states, including Wisconsin, to quit hoarding federal benefits that are supposed to go to children in foster care, but that agencies instead take to help pay for their foster care expenses.

The practice has been going on in various states for two decades or more, according to advocates who have been calling to ban it for nearly as long.

Wisconsin is among the states that received letters last week from the federal Administration for Children and Families, calling on them to stop diverting Social Security survivor’s benefits that are supposed to go to foster children.

“Every earned benefit dollar belongs to these foster youth, not the government agencies or bureaucrats,” said Alex J. Adams, the ACF assistant secretary, in a press release from ACF and the U.S. Department of Health and Human Services.

“ACF has notified all 39 governors who allow this practice and aims to work with states to end it,” the press release stated. “The goal is to ensure these earned benefits are no longer taken from foster youth and are instead preserved to support them as they transition out of state care.”

In Wisconsin, the office of Gov. Tony Evers pointed to a provision Evers included in his proposed 2025-27 state budget to end the practice, but that Republican lawmakers removed without comment at the start of budget deliberations.

“It’s been a long-time issue now, but unfortunately it has been largely under the radar,” said Daniel Hatcher, a University of Baltimore law professor and an early critic of the practice. Hatcher has advocated on behalf of affected foster children for more than two decades and written extensively about the issue, including in the Wisconsin Law Review.

A Marshall Project-National Public Radio project in 2021 found that 49 states at the time were rerouting foster children’s federal benefits to cover some of their costs. Hatcher said that has helped raise more attention to the issue.

“I think most people, when you talk to them about this practice, when they  understand what’s going on, they’re outraged,” Hatcher told the Wisconsin Examiner.

Foster children who would qualify for Social Security survivors’ benefits or veterans’ survivor benefits because their parents have died, as well as foster children who themselves have disabilities and qualify for Social Security disability payments (SSI) have all been affected, Hatcher said.

Hatcher first publicized the practice in a 2006 law review article that documented how state and local child welfare agencies, or the private contractors that they engage to manage their programs, were intercepting federal benefits that are supposed to go to foster children.

“The agencies identify foster children who are disabled or have deceased or disabled parents, apply for Social Security benefits on the children’s behalf, and then take the children’s benefits to reimburse foster care costs for which the children have no legal obligation,” Hatcher wrote.

A U.S. Supreme Court ruling in 2003 upheld the practice, but advocates have been fighting to end it ever since.

In Wisconsin, Hatcher wrote in a 2018 op-ed article for the CapTimes, the administration of then-Gov. Scott Walker signed a contract in 2011 with Maximus Inc. that the management company used to “increase the number of children classified as disabled and to locate children with deceased birth parents — not to provide more services to the children, but so the state can take their resources.”

Drawing on public records, Hatcher estimated that the contract yielded at least $3 million “in survivor and disability benefits from foster children each year” in Milwaukee County alone, “and the state has been taking millions more from foster children in other jurisdictions.”

Earlier this year the Evers administration estimated that about $3.2 million each year was being diverted from foster children’s SSI or Social Security survivors’ benefits, with about 95% going to fund the foster care system. The figures were cited in a Legislative Fiscal Bureau’s March summary of Evers’ proposed 2025-27 budget.

The governor’s budget proposal included a provision to end the diversion and instead deposit the benefits in trust funds for each child in foster care.

The proposal also included language to prohibit the Department of Children and Families or county child welfare agencies from using those funds to pay for foster care. DCF officials said the department would seek additional funding in the state budget to replace what counties lost as a result, according to the fiscal bureau’s summary.

The proposal to stop diverting the benefits was one of more than 600 items in Evers’ draft budget that the Republican majority on the Legislature’s budget-writing Joint Finance Committee deleted on the first day of budget deliberations.

Asked whether the Evers administration had any comment on the federal notice last week, the governor’s communications director, Britt Cudaback, replied in an email message, “Nothing beyond the fact we already tried to address this, but Republican lawmakers rejected the effort.”

Before his confirmation as ACF assistant secretary, Adams was director of the Idaho Department of Health and Welfare. In May, he directed the department to stop diverting foster children’s survivor benefits, the Idaho Capital Sun reported.

Idaho is one of 11 states that have ended the diversion of survivor benefits, according to the DHS/ACF press release.

The Children’s Advocacy Institute at the University of San Diego has identified at least eight states and the District of Columbia that have completely banned the diversion of all benefits designated for foster children. A number of other states have attempted to stop the diversion of selected benefits.

The federal notice marks an important step in the campaign to end the practice, said Amy Harfeld, the institute’s national policy director.

“We’re very excited about what this does,” Harfeld told the Wisconsin Examiner. “It doesn’t fix the whole problem but it sets a really solid marker in the ground that not only keeps states moving forward but leads toward the next changes that need to be made to actually put an end to it.”

The Children’s Advocacy Institute acknowledges Wisconsin’s unsuccessful attempt to curb the practice in the 2025 budget.

With the failure of that effort, however, “Wisconsin isn’t looking so good right now,” Harfeld said. “It’s one of only 11 states that haven’t done anything.”

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(The Center Square) – Catholic Charities are to be granted religious exemption to unemployment taxes, the Wisconsin Supreme Courtruled Monday.

(The Center Square) – Wisconsin all-terrain and utility task vehicle drivers now must follow Wisconsin laws on where they can drive the vehicles and must pay trail registration fees regardless of where the vehicle is registered.

(The Center Square) – Three men from Chile who are believed to be illegally in the United States have been arrested and charged for a series of home burglaries in the Milwaukee suburbs.

(The Center Square) – Joel Brennan, candidate for Wisconsin governor, says he wants to continue tax policy as set by his former boss and predecessor.

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Are toxic heavy metals from solar panels posing a threat to human health? is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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Update:

A Wisconsin judge ruled Monday there is enough evidence to proceed to trial in a felony forgery case against an attorney and an aide to President Donald Trump for their role in the 2020 fake elector scheme.

Dane County Circuit Judge John Hyland ruled that there was probable cause to proceed with the 11 felony forgery charges against Jim Troupis, who was Trump’s campaign attorney in Wisconsin, and Mike Roman, Trump’s director of Election Day operations in 2020.

The preliminary hearing of a third person charged, former Trump attorney Ken Chesebro, was postponed amid questions about what statements the man made to prosecutors that could be admitted in court.

— Scott Bauer, The Associated Press

Original story:

Five years after the 2020 presidential election, state-led cases against individuals involved in “fake elector” plans to overturn that year’s election results in favor of President Donald Trump have hit roadblocks.

Just this fall, a judge in Michigan dismissed the state’s case against 15 people accused of falsely acting as electors to certify the presidential election for Trump in 2020. A Georgia prosecutor, who took over that state’s case in November after the district attorney was removed, dropped the charges against Trump and other people who were accused of 2020 election interference in the state. 

But unlike Michigan and Georgia, Wisconsin’s criminal case has not faced such legal stumbles so far. A preliminary hearing in the criminal case against former Trump campaign attorneys Kenneth Chesebro and Jim Troupis and former campaign aide Michael Roman was held Monday morning in Dane County Circuit Court. 

Legal experts said Wisconsin’s case at this point differs from those in Michigan and Georgia in key ways. There have been no major scandals so far, no changes have been made to people overseeing the case, and Wisconsin’s prosecution has a narrower focus than those in other states, said Lori Ringhand, a constitutional and election law professor at the University of Georgia School of Law. 

“The prosecution isn’t of the electors,” Ringhand said. “It’s of the actual people, the very high-level Trump campaign people, attorneys who are accused of facilitating the entire scheme.” 

Democratic Wisconsin Attorney General Josh Kaul in June 2024 charged Chesebro, Troupis and Roman with 11 felony forgery counts each for generating documents that falsely claimed Trump won Wisconsin in 2020. The three men allegedly originated the fake electors plan in Wisconsin that spread to other swing states across the country with close vote margins between Trump and former President Joe Biden. 

Wisconsin’s focus on Chesebro, Troupis and Roman could be a stronger case than if the state focused on the slate of false electors, Ringhand said. That’s because it’s hard to prove intent in the cases targeting just electors. 

In the Michigan case, the Associated Press reported the judge in September said that the state failed to prove the electors had intended to commit fraud. A majority of the Wisconsin false electors said they did not believe their signatures certifying a Trump election in the state would be sent to Washington, D.C., according to an amended criminal complaint filed in December 2024. 

“Against the electors themselves, I think it was going to be difficult to prove that they were intending to do something false or fraudulent, as opposed to just creating backup slates,” Ringhand said. “That evidence may look different with these people who are the very high-level organizers of the kind of nationwide effort to create these slates in order to perpetuate this narrative or create challenges or confusion on the House floor.” 

The case in Georgia, which included Trump as a defendant, was marred by scandal as Fulton County District Attorney Fani Willis was ultimately disqualified after news surfaced that she had a romantic relationship with a member of her prosecution team. That slowed the legal process, Ringhand said, and the new prosecutor saw challenges in the time delays and potentially prosecuting a sitting president. 

While Wisconsin’s case hasn’t faced these obstacles, some could surface in the future, said Jeff Mandell, general counsel and co-founder of Law Forward. The organization filed a civil case against the state’s false electors, which was settled in 2023. 

Mandell pointed out that it’s already taken the state a year and a half to just reach a preliminary hearing. The defendants this year have sought multiple times to dismiss the charges. Troupis, a former Dane County judge, last week requested all Dane County judges be prohibited from overseeing the case “to avoid the appearance of bias or impropriety.” Additionally, the Associated Press reported Friday that Wisconsin U.S. Sen. Ron Johnson asked the U.S. Department of Justice to investigate allegations from Troupis that the judge overseeing his case is guilty of misconduct.

More efforts to delay and “throw sand in the gears” could show up as the Wisconsin case advances, Mandell said.

“It wouldn’t surprise me in the least if one of the things the defendants have in mind is trying to make sure they don’t go to trial until after the 2026 election,” Mandell said. “Maybe they think there’s going to be a new attorney general who will drop the charge.”

Kaul is seeking reelection as attorney general next year. Fond du Lac County District Attorney Eric Toney, a Republican who ran against Kaul in 2022, announced in October his plan to challenge Kaul again in 2026. 

Trump in November pardoned those involved in efforts to overturn the 2020 election results, including the three from Wisconsin still facing prosecution, but that action only protects those people from federal prosecutions.

UPDATE: Wisconsin prosecution of 2020 fake elector scheme moves ahead as other state efforts falter is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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• Prisoners say there aren’t nearly enough work release jobs to go around, and officials at the Department of Corrections say they’re not keeping count.

• Several neighboring states routinely track how many people have work release jobs or are eligible for them.

• One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have work release jobs.

• Officials at the Wisconsin Department of Corrections say not everyone who is eligible for work release wants to work. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time.

Most of the jobs available to Wisconsin prisoners are paid not in dollars, but cents. Minimum wage laws don’t apply behind bars, so some people scrub toilets for less than a quarter an hour.

But one type of job lets people leave prison for the day to earn the same wages as anyone else.

Wisconsin was the first state to offer this opportunity, known as work release. The century-old program matches the lowest-risk prisoners with approved employers, who are required by law to pay them as much as any other worker. In some cases, that’s more than $15 an hour. 

Through those jobs, prisoners boost their resumes, pay court costs and save up for their release. Employers find needed workers. And taxpayers save money, since work release participants must pay room and board. 

Ten of the state’s 16 minimum-security correctional centers are dedicated to work release. But prisoners at those facilities say there aren’t nearly enough of those jobs to go around, and officials at the Department of Corrections say they’re not keeping count.

One prisoner told Wisconsin Watch he believes less than a third of those eligible at his facility have such work release jobs. Prisoners routinely wait many months for the opportunity, he said, and many never get it at all. 

“Having that money saved up to, say, get an apartment or get furniture, or even money for transportation?” said Ben Kingsley, 47, who wrote to Wisconsin Watch in August from Winnebago Correctional Center, a work release center in Oshkosh. “These guys know what’s at stake … They want to go out to work.” 

Only prison officials can add more positions, and he questions whether they’re trying. This summer, he began lobbying prison officials and lawmakers to expand the opportunity.

“The DOC/State employees are doing the bare minimum in trying to put more people out to work,” he wrote to legislators in October.

Work release jobs are scarce, prisoners say

To qualify for work release in Wisconsin, a prisoner must be classified in the lowest custody level (“community custody”) and have permission from prison officials. In some states, eligible prisoners search for jobs on their own and can work in any role that meets Department of Corrections standards. In Iowa, for example, work release participants are barred from bartending or working in massage parlors. 

In Wisconsin, prison officials hold the cards. Here, people approved for work release can work only for one of the Department of Corrections’ partner employers.

“Placements cannot be guaranteed for all eligible inmates,” reads Winnebago Correctional Center’s official webpage. “Work release and offsite opportunities are a privilege, not a right, and are provided at the discretion of the center superintendent and warden.”

About 70% of eligible people incarcerated at Winnebago don’t have work release jobs, Kingsley estimates. 

Kingsley, who hopes to qualify for work release after his custody status is reevaluated next year, said he began advocating for more jobs after hearing from eligible prisoners waiting to be “put out to work.”

To find out how many people were working, he asked prisoners who work as drivers, shuttling work release participants to and from their jobs. 

Of the 295 people incarcerated at Winnebago at the end of October, 224 had the lowest custody status, which is required for work release, according to the Department of Corrections. By Kingsley’s calculations, just 67 have work release jobs. That’s less than one in three. 

“Oh gosh, it’s a huge concern,” Kingsley said.

Officials offer explanations. Not everyone who’s eligible wants a work release job, said Department of Corrections spokesperson Beth Hardtke. Some are in education, therapy or substance use treatment programs that don’t allow them to work full time. And those who seek work release must first work at least 90 days in a prison job, followed by a stint on a “project crew” supervised by Corrections staff, before getting permission from the warden or superintendent.

“The capacity of the work release program is not just about the number of jobs available,” Hardtke said when asked whether the department is looking to add more jobs. “The program must be limited to the number of individuals that DOC staff can safely support and in settings where we can safely support them.” As Wisconsin Watch has previously reported, the Department of Corrections has been plagued by crippling staff shortages in recent years.

Additionally, Hardtke said, some can’t do manual labor. “Some individuals may not meet the employer requirements or standards, and some individuals may not have the level of training or skills necessary to complete certain tasks or jobs … As the prison population ages, some individuals may not be able to succeed in those types of work or have an interest in doing work that can have a physical toll.”

Officials and prisoners tout benefits

Work release got its start in 1913 when the Huber Law, named for Progressive Republican lawmaker Henry Allen Huber, created the opportunity at Wisconsin’s county jails. It later spread to state prisons and to nearly every state in the country. 

More than a century later, Wisconsin prison leaders continue to extol the virtues of letting people leave prison and return at the end of their shifts.

“Work release gives the men and women in our care the opportunity to feel like they belong to something, to feel like they’re part of a positive contribution to the community, to feel like they belong in the workplace,” said Sarah Cooper, then-administrator of the Division of Adult Institutions, at a virtual presentation for prospective employers in 2022.

Research suggests people who participate in work release programs are less likely to return to prison. A study of former prisoners in Illinois from 2016 to 2021 found those who had held work release jobs were about 15% less likely to be rearrested and 37% less likely to be reincarcerated.  

“Work release really is a significant part of keeping our community safe,” Cooper said.

Work release also offsets some of the taxpayer costs of imprisonment. Each participating prisoner must pay $750 a month for room and board, about 20% of the roughly $3,650 a month the state pays to incarcerate each prisoner in the minimum-security system. They must also use their wages to make any legally mandated payments, including child support and victim restitution.

In 2010, for example, 1,726 work release prisoners collectively paid more than $2 million in room, board and travel costs; more than $320,000 in child support and more than $350,000 in court-ordered payments, according to a department report. 

Work release jobs aren’t without controversy. In Alabama, a 2024 investigation by the Associated Press revealed prisoners were being pressured to work and faced retribution if they refused. Some were denied parole, despite working for years in fast-food restaurants and other jobs in the community. Critics argue the program is a modern version of the post-Civil War practice of convict leasing, in which prisons rented incarcerated people out for forced labor. 

In many states, including Wisconsin, work release participants aren’t classified as employees and don’t have all the same workplace rights. But advocates for incarcerated workers told the AP that many people behind bars want to work and that eliminating the program would only hurt them.

For men in Wisconsin prisons, work release jobs are usually in manufacturing. For women, there are jobs in food service or cosmetology too. They’re “low-level, intensive labor jobs,” Kingsley said, but people are eager for the chance to start saving, especially since a criminal record and gaps in work history could make it tough to find work when they get out. 

“When you get locked up, you lose everything,” Kingsley said. “You lose all your possessions, your … credit score goes down, all your bills go unpaid … The benefit (of working) far outweighs the negatives.” 

No statewide data available

How many prisoners participate in work release statewide? Corrections officials don’t consistently keep track, Hardtke said. 

The department’s public data dashboards show prisoner demographics, recidivism rates and enrollment in educational or treatment programs, among other things. Employment numbers are not included.

Prison staff record each prisoner’s jobs and privileges in the person’s individual file but don’t routinely gather that data across the system, Hardtke said.

“What’s important from a correctional standpoint is that you know where everybody is,” Hardtke said, adding that such jobs data “would need to be compiled from multiple sources.” 

The latest numbers Wisconsin Watch could find are from 2024. Responding to a Legislative Fiscal Bureau request for a report on state prisons, the department’s research team manually calculated that 781 people had work release jobs in July 2024, Hardtke said.

Asked for a current figure, Hardtke said “that number is not something we have readily available nor is it something you could accurately pull from a single source or document.”

Officials also don’t track how many people are eligible for work release. As of Oct. 31, 2,778 Wisconsin prisoners were at the department’s lowest custody level.

Several neighboring states routinely track how many people have work release jobs or are eligible for them. Of the 11 other Midwestern states Wisconsin Watch asked, seven responded. 

• Four said they track the number of participants but not the number of people eligible: Minnesota (186), Missouri (202), North Dakota (13) and South Dakota (183).
• Iowa officials said they track eligibility (418) but don’t track how many people have work release jobs.
• Nebraska officials said they track both: 378 were eligible, and 374 were working.
• Officials in Michigan said they don’t offer work release.

Prisoner pushes for more jobs

In July, Kingsley wrote to Warden Clinton Bryant, who oversees the men’s minimum-security centers, asking him to add 100 more work release jobs. 

“By writing you first, I hope that changes can be made. Changes that not only benefit the guys here or at other centers, but also the DOC and the state as a whole,” Kingsley wrote. Adding those jobs would generate $75,000 a month in room and board payments, along with state taxes, he wrote. 

Bryant responded that Winnebago Correctional Center “collaborates with community employers on a daily basis” and that prison officials can’t require employers to hire anyone. 

Jobs aren’t particularly hard to find near Winnebago Correctional Center. Like the rest of the state, Winnebago County faces a growing worker shortage as baby boomers retire. Prisoners aside, the share of the county’s population that’s working or actively looking for work has fallen 7.4% since 2000, according to the Department of Workforce Development. 

Winnebago County’s unemployment rate — which excludes people in prison — was among the lowest in the state in 2024, according to DWD data. 

Wisconsin’s labor market has softened since last year but remains strong, said Dave Shaw, a regional director of the Department of Workforce Development’s Bureau of Job Service, which manages the state website that matches employers and job seekers. 

“It’s still fairly easy to find work, and there are a lot of jobs out there,” Shaw said.

It can be harder to find a job with a criminal record, but Shaw said his team works with a variety of companies that are “interested in giving individuals a second chance” to get back in the workforce. 

“There are employers all around the state who are willing to do that,” Shaw said, noting that the state offers tax credits and free insurance to employers who hire people with criminal records.

When Kingsley contacted Bryant again, urging the department to establish minimum job placement rates for work release centers, the warden ended the conversation.

“My office addressed these matters and provided you a response,” Bryant wrote. “No further correspondence on these matters will be addressed by my office.” 

So Kingsley took the issue to the State Capitol. In May, Republican lawmakers introduced legislation that would give bonuses to probation and parole officers who increase the employment rate among the people they supervise. Kingsley asked them to do the same for work release centers. 

All of the bill’s authors and cosponsors either declined Wisconsin Watch’s request for comment or did not respond. 

As of publication of this story, Kingsley has yet to receive a reply.

Natalie Yahr reports on pathways to success statewide for Wisconsin Watch, working in partnership with Open Campus. Email her at nyahr@wisconsinwatch.org.

A century after pioneering work release, Wisconsin corrections officials don’t track how many prisoners participate is a post from Wisconsin Watch, a non-profit investigative news site covering Wisconsin since 2009. Please consider making a contribution to support our journalism.

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