The Wisconsin Supreme Court has agreed to hear a lawsuit filed by Democratic Governor Tony Evers against the Republican-controlled Legislature, alleging obstruction of basic government functions. The court’s liberal majority, consisting of justices Janet Protasiewicz, Rebecca Dallet, Jill Karofsky, and Ann Walsh Bradley, agreed to take on the case, while the three conservative justices dissented. Oral arguments for the case have been scheduled for April 17.
Among the issues raised in the complaint, the court decided to immediately address the Legislature’s Republican-controlled budget committee blocking funding for state conservation programs. However, it put on hold two other challenges brought forward by Governor Evers. These challenges involve a legislative committee’s rejection of pay raises for University of Wisconsin employees and blocking updates to the state’s commercial building standards and ethics standards for licensed professionals.
In her dissent, Justice Rebecca Bradley accused the majority of unnecessarily politicizing the court, stating that it is “needlessly engulfing this court in the morass of politics.” Meanwhile, Justice Brian Hagedorn, who also dissented, questioned the decision to take on the case directly without first establishing facts through lower court proceedings.
The lawsuit argues that committees controlled by a few Republican lawmakers are exceeding their constitutional authority. Governor Evers specifically cites the Legislature’s rejection of conservation projects under the Knowles-Nelson Stewardship Program, a program aimed at protecting land from development.
Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu, the Republican legislative leaders, did not provide any comment on the matter. LeMahieu dismissed the lawsuit as frivolous, accusing Governor Evers of limiting the legislature’s authority and strengthening his own administration.
Governor Evers and the GOP-controlled Legislature have had a strained relationship since Evers was elected in November 2018. Evers has issued numerous vetoes, including blocking bills related to election procedures in the state. The Legislature held a lame duck session just before Evers took office to diminish the incoming governor’s powers. Additionally, they have frequently rejected Evers’ appointees to boards and commissions.
This lawsuit is one of several high-profile cases filed by Democrats since the Wisconsin Supreme Court flipped to majority liberal control in August. In December, the court struck down Republican-drawn legislative maps in a 4-3 decision.
Governor Evers, the Republican legislative leaders, and their respective representatives did not respond to requests for comment.
