News of the Day April 18, 2024
State Supreme Court Hears Arguments in Lawsuit Challenging ‘Legislative Vetoes’

A case argued before the Wisconsin Supreme Court this week could have a major impact on future operations of state government.

The court heard oral arguments Wednesday in a lawsuit challenging the Republican-controlled Legislature’s ability to block land conservation purchases in perpetuity. Attorneys representing both Democrat Governor Tony Evers and Republican lawmakers say the court’s ruling could have far-reaching implications for state government.

The lawsuit filed by Governor Evers in October argues GOP-controlled committees like the budget-writing Joint Finance Committee and Joint Committee on Employee Relations are violating the Wisconsin Constitution’s separation of powers through “legislative vetoes.” The committees have used those vetoes over the last year to block the release of state funds, including shutting down Knowles-Nelson Stewardship Program purchases and and denying pay raises for state university employees that had been approved in the state budget.

Assistant Attorney General Colin Roth, who is representing Governor Evers, told justices the committee vetoes are usurping the governor’s ability to execute legislation and funding passed by the Legislature. “Put more simply, may the legislative branch both make the law and then control its execution?” Roth asked. “Of course not.”

Roth said a ruling in the governor’s favor would have impacts well beyond the Knowles Nelson fund. “The rules we’re adopting, I believe, will invalidate many, if not most, legislative committee vetoes that are on the books,” Roth said.

Conservative Justice Rebecca Bradley asked Roth how the Wisconsin Constitution doesn’t authorize lawmakers to delegate power to legislative committees, but does authorize the Legislature to cede power to state agencies.

“Doesn’t your argument jeopardize the entire administrative state in the state of Wisconsin?” Bradley said.

Attorney Misha Tseytlin, who is representing GOP leaders like Assembly Speaker Robin Vos, R-Rochester, and State Sen. Howard Marklein, R-Spring Green, urged justices to proceed with caution.

“They (Evers) would have this court overturn how our state government has functioned for almost a century, ever since the beginning of the modern administrative state,” Tseytlin said.