Non-profit

Wisconsin Institute for Law and Liberty (WILL)

Website:

will-law.org

Location:

Milwaukee, WI

Tax ID:

45-1606079

Tax-Exempt Status:

501(c)(3)

Budget (2022):

Revenue: $4,665,104
Expenses: $3,417,220
Assets: $6,156,366

Type:

Law Firm

Formation:

2011

President and General Counsel:

Rick Esenberg

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The Wisconsin Institute for Law and Liberty (WILL) is a right-of-center public interest law firm that specializes in cases pertaining to free speech, workers’ freedom, open government, good government, and individual rights. In 2013, WILL established a policy team to advance public policy that supports conservative principles. 1

The Wisconsin Institute for Law and Liberty is an affiliate of the State Policy Network, a coalition of free-market state-level policy organizations. 2

Activities

The Wisconsin Institute for Law and Liberty is a conservative public interest law firm that specializes in cases pertaining to free speech, workers’ freedom, open government, good government, and individual rights. 1

The group takes on cases in support of individual liberty protections. As of 2021, WILL’s cases included challenging Milwaukee Public Schools’ union leave policy, claiming the policy amounts to compelled speech and violates the Constitution; issuing a notice of claim along with Alliance Defending Freedom to the Kettle Moraine School District, claiming that parents’ constitutional rights were violated by a policy that allows students to change their gender identity at school; and a lawsuit against the Wisconsin Department of Corrections (DOC), claiming the DOC’s visitor policy was unconstitutional because it prevented in-person clergy visits. 3

The Wisconsin Institute for Law and Liberty supports school choice and parental freedom. WILL has twice won cases against the Wisconsin Department of Public Instruction (DPI) in matters of school choice. In 2020, along with Heritage Christian Schools and School Choice Wisconsin Action, WILL successfully sued DPI over a policy that prevented a family from enrolling in the Wisconsin Parental Choice Program, the statewide voucher program. In 2019, WILL sued DPI for illegally denying private schools the ability to use online, virtual learning as part of qualifying classroom instruction time. 4

The Wisconsin Institute for Law and Liberty takes on cases that support constitutional government, federalism, and the separation of powers. As of 2021, WILL’s cases included challenging the Wisconsin Elections Commission on the legality of ballot drop boxes for absentee voting; issuing a notice of claim to the Town of Buchanan, claiming its “transportation utility fee” is an unlawful tax and should be eliminated; and arguing in Polk County Circuit Court that emergency powers cannot be used by governors multiple times to address the same crisis. 5

In 2013, the Wisconsin Institute for Law and Liberty established a policy team to advance public policy that supports conservative principles. WILL advocates for the expansion of school choice in Wisconsin and supported initiatives to remove barriers for students from the 2015 Special Needs Scholarship Program. In 2020, WILL successfully advocated to change the Environmental Protection Agency (EPA)’s designation of air quality zones in several Wisconsin counties, claiming the federal designations negatively impacted businesses. 1

In 2016, the Wisconsin Institute for Law and Liberty launched the Center for Competitive Federalism, to focus on federal government overreach and to advocate for state powers. 6

Funding

The Wisconsin Institute for Law and Liberty is funded by donations from individuals, foundations, and corporations. While WILL does not disclose its donors, tax filings show donations from the Kern Family Foundation ($434,500 in 2018), 7 the Lynde and Harry Bradley Foundation ($300,000 in 2018), 8  and the Walton Family Foundation ($285,000 in 2018). 9

People

Rick Esenberg is the founder, president, and general counsel of the Wisconsin Institute for Law & Liberty. 10

Kyle Koenen is the policy director at WILL. Koenen formerly served as chief of staff to former state Senate President Chris Kapenga (R-Delafield) and as a regional director for the Republican Party of Wisconsin. 10

Adam Hoffer is a Bradley Freedom Fellow at WILL and the director of the Menard Family Midwest Initiative for Economic Engagement and Research. Hoffer sits on the policy advisory board of the Heartland Institute and is a research scholar at the Mercatus Center. 10

Board of Directors

James Barry is the chair of the board of WILL, the founding chair of the Milwaukee Lawyers Chapter of the Federalist Society, and the former chair of the Public Policy Forum of Milwaukee. 11

Michael Grebe is the chair of the Bradley Impact Fund. Grebe formerly worked as president and CEO of the Lynde and Harry Bradley Foundation and has sat on the boards of Philanthropy Roundtable and the Hoover Institution. 12

References

  1. “What We Do.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/what-we-do/.
  2.  “The Network: Wisconsin.” State Policy Network, 2021. Accessed July 21, 2021. https://spn.org/directory/#WI.
  3. “Individual Liberties.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/individual-liberties/.
  4. “Education Reform.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/education-reform/.
  5. “Constitutional Government and Rule of Law.” Wisconsin Institute for Law & Liberty, 2020. Accessed August 2, 2021. https://will-law.org/constitutional-government-and-rule-of-law/.
  6. Beckett, Andrew. “Conservatives launch Center for Competitive Federalism.” Wisconsin Radio Network, July 11, 2016. Accessed August 2, 2021. https://www.wrn.com/2016/07/conservatives-launch-center-for-competitive-federalism/.
  7.  The Robert D. and Patricia E. Kern Family Foundation, Inc., Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
  8. Lynde and Harry Bradley Foundation, Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
  9.   Walton Family Foundation Inc, Return of Private Foundation (Form 990-PF), 2018, Part XV, Line 3a.
  10. “Our Team.” Wisconsin Institute for Law & Liberty, 2020. Accessed July 28, 2021. https://will-law.org/our-team/.
  11. “James T. Barry III, J.D., CCIM.” The Barry Company, 2016. Accessed July 28, 2021. https://barrycre.com/broker/james-t-barry-iii/.
  12. “Michael W. Grebe.” Bradley Impact Fund, 2021. Accessed July 28, 2021. https://www.bradleyimpactfund.org/staff/michael-grebe.
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Nonprofit Information

  • Accounting Period: December - November
  • Tax Exemption Received: December 1, 2011

  • Available Filings

    Period Form Type Total revenue Total functional expenses Total assets (EOY) Total liabilities (EOY) Unrelated business income? Total contributions Program service revenue Investment income Comp. of current officers, directors, etc. Form 990
    2022 Dec Form 990 $4,665,104 $3,417,220 $6,156,366 $284,052 N $4,496,396 $201,000 $4,418 $937,563 PDF
    2021 Dec Form 990 $4,311,176 $3,119,137 $4,624,430 $0 N $4,312,035 $39,999 $1,385 $1,311,824
    2020 Dec Form 990 $2,847,886 $2,593,490 $3,453,645 $21,254 N $2,833,691 $0 $17,008 $958,486
    2019 Dec Form 990 $2,344,648 $2,518,375 $2,892,940 $14,945 N $2,239,536 $50,692 $25,180 $768,698 PDF
    2018 Dec Form 990 $1,910,930 $2,020,784 $3,059,172 $7,450 N $1,841,926 $75,616 $16,506 $461,120 PDF
    2017 Dec Form 990 $2,117,912 $1,907,460 $3,162,126 $550 N $2,013,511 $103,279 $3,528 $364,800
    2016 Dec Form 990 $1,378,877 $1,599,898 $3,043,650 $92,526 N $1,362,699 $22,499 $1,017 $409,965 PDF
    2015 Dec Form 990 $3,001,261 $1,309,639 $3,368,483 $196,338 N $2,973,108 $27,470 $683 $377,276 PDF
    2014 Dec Form 990 $1,611,698 $791,708 $1,480,523 $0 N $1,462,199 $149,089 $410 $345,703 PDF
    2013 Dec Form 990 $938,547 $663,606 $660,533 $0 N $906,928 $31,415 $204 $312,048 PDF
    2012 Dec Form 990 $664,068 $514,619 $386,638 $1,046 N $653,128 $10,693 $247 $286,042 PDF
    2011 Dec Form 990 $511,939 $275,796 $243,303 $7,160 N $505,000 $6,575 $364 $0 PDF

    Wisconsin Institute for Law and Liberty (WILL)


    Milwaukee, WI