Milwaukee Journal Sentinel

State Supreme Court won’t take lame-duck lawsuit

- Patrick Marley

MADISON - The Wisconsin Supreme Court won’t consider how the state handles legal settlement­s under a set of lame-duck laws that limit the powers of Gov. Tony Evers and Attorney General Josh Kaul.

The pair of Democratic officials in November asked the high court to rule that they did not need to get permission from Republican­s who control the Legislatur­e to resolve certain lawsuits.

They brought the matter directly to the Supreme Court without first going to a lower court. On Wednesday, the justices issued a short order declining to take the case.

The justices did not explain their reasoning and no dissents were noted. The justices typically want cases to be first considered by lower courts before they take them, but they sometimes accept cases that are high profile or politicall­y charged if they view them as urgent.

The decision not to take the case leaves the issue of court settlement­s unresolved for the time being.

In December 2018 — after Evers and Kaul were elected, but before they were sworn in — Republican­s passed a set of laws that trimmed their authority. A wave of litigation followed, with courts mostly siding with Republican­s.

Some issues have not been fully addressed, including a portion of the laws that says the Legislatur­e’s budget committee must sign off on some court settlement­s involving the state.

Last summer, the justices concluded the settlement provision does not violate the state constituti­on in all situations but left open the possibilit­y that it might some of the time. That decision prompted Evers and Kaul to bring their latest lawsuit.

Evers and Kaul argue lawmakers should not get to sign off on cases where Kaul is enforcing environmen­tal laws and consumer-protection laws, or when he is representi­ng state agencies in breach-of-contract cases and similar matters.

Those cases should be handled by the executive branch alone, they argue. Allowing lawmakers to have a say in those cases violates the state constituti­on’s separation-of-powers doctrines, they maintain.

Republican­s say they should be given a chance to make sure the governor and attorney general are making legal decisions that are good for the state.

Newspapers in English

Newspapers from United States