Lame-duck actions spur legal threats

MILWAUKEE — If Democrats sue to prevent Republicans from diluting the powers of newly elected governors and attorneys general in Wisconsin and Michigan, the lawsuits will probably center on one question: Are lawmakers usurping authority that belongs to the executive branch? The legal threat arose after Republicans passed bills Wednesday that would give lawmakers leverage over actions previous governors and attorneys general could carry out on their own. If the bills are signed by outgoing GOP Gov. Scott Walker, lawmakers will decide when the state can withdraw from lawsuits, and the new Democratic governor will have to ask permission to adjust programs that are run jointly with the federal government, such as Medicaid. “Separation of powers is an essential part of overall governance and built into the constitution,” said Caroline Fredrickson, president of the American Constitution Society, a liberal legal organization. Walker, who was defeated last month by Tony Evers, has indicated support for the GOP measures, which would also empower lawmakers, not new Attorney General Josh Kaul, to decide whether to pull Wisconsin from a lawsuit challenging the Affordable Care Act, a promise of both Democrats’ campaigns. The GOP actions in Wisconsin mirror what the party has done after losing control of the governor’s office in Michigan this year and two years ago in North Carolina, where the state is still mired in lawsuits.