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Daniel Kelly

Daniel Kelly

Senior Litigation Counsel


Justice Daniel Kelly was appointed to the Wisconsin Supreme Court in 2016 by Gov. Scott Walker to fill the vacancy created by the retirement of Justice David T. Prosser, Jr.  He served in that capacity until August, 2020.

A native of Santa Barbara, California, Justice Kelly grew up in Arvada, Colorado. He came to Waukesha, Wisconsin to study at Carroll College (now Carroll University), where he earned a bachelor’s degree in Political Science and Spanish in 1986. He earned his law degree from Regent University School of Law in Virginia Beach, Virginia in 1991.

Before joining the Supreme Court, he spent most of his career at one of the largest and oldest law firms in the State of Wisconsin, where he represented clients in courts across the country, including the Wisconsin Supreme Court and the U.S. Supreme Court.

Early in his legal career, Justice Kelly was a law clerk and then staff attorney for the Office of Special Masters of the U.S. Court of Federal Claims, from 1992 to 1996. He worked as a law clerk for the late Wisconsin Court of Appeals Judge Ralph Adam Fine from 1991 to 1992.

Justice Kelly has recently served as Senior Fellow in Constitutional Governance at the Institute for Reforming Government, where he authored “The Legislator’s Guide to Legislative Oversight,” a ground-breaking work that introduced a methodology for conducting oversight investigations and hearings that will lead to real-world results.

Justice Kelly is a member of the board of advisors and past president of the Milwaukee Lawyer’s Chapter of the Federalist Society. He is married and has five children. He lives in North Prairie, Wisconsin, where he enjoys intriguing books, the comfortably warm fellowship of good friends and interesting people, all things equestrian, and – above all – his family.

Admitted to practice in Wisconsin and select federal jurisdictions; licensed but not actively practicing in Virginia.

Eviction Moratorium

By: Daniel Kelly March 26, 2025
COVID-19 | FIve Years Page
The Framers understood that property rights comprise an indispensable bulwark against government.  Covid taught us, however, that bureaucrats believe that bulwark ought to be more notional than real.  After state-level bureaucrats imposed on our liberties by confining us to our homes, the Centers for Disease Control and Prevention (CDC) imposed further by forbidding landlords from…
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Buy/No Buy

By: Daniel Kelly March 26, 2025
COVID-19 | FIve Years Page
They say stress reveals a person’s weaknesses in a way few other things can.  The same goes for institutions, as they are nothing but collections of individuals.  Covid’s stress on one of these institutions—the Administrative State—shattered the carefully crafted illusion that bureaucrats have access to a wisdom unavailable to the rest of us.  The ground…
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Consent Decrees: Thinning Out the Forest of Laws

By: Daniel Kelly January 24, 2025
Blogs
The Forest of Laws The Department of Justice’s litigators have decided that management of the Minneapolis police department may no longer remain where the law says it must remain. This must be so, they say, because they are on the hunt for policing patterns and practices that allegedly produce racially disparate results.  No one wants…
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