Evers seeks to get state out of Obamacare suit
Governor also touches on money for roads, schools in first address
MADISON - In his first State of the State address, Gov. Tony Evers announced he had told the attorney general Tuesday to withdraw from a lawsuit challenging the Affordable Care Act in a move that Republican lawmakers said defied a lame-duck law meant to keep him from doing that.
“The people of Wisconsin voted for a change this November and asked us to stop playing politics with their health care,” Evers said to cheers from Democrats. “That’s why I’m announcing tonight that I have fulfilled a promise I made to the people of Wisconsin by directing Attorney General (Josh) Kaul to withdraw from a lawsuit that would gut coverage for 2.4 million Wisconsinites who have pre-existing conditions.”
The Democratic governor didn’t explain in his half-hour speech how he could get the state out of the lawsuit.
“The thing I was most disconcerted by is his promise to direct Attorney General Kaul to take an illegal act,” Assembly Majority Leader Jim Steineke of Kaukauna said after the speech. “If you’re going to direct the top cop of Wisconsin to take an illegal action, I think everybody should be concerned by that.”
Evers’ speech was given to a Legislature dominated by Republicans at a time when both sides are talking up bipartisanship but acknowledging deep differences.
So far, they have found little to agree on and relations remain frayed after a bruising election and a round of lameduck legislating that resulted in laws limiting the authority of Evers and Kaul.
Those two Democrats campaigned on getting Wisconsin out of a lawsuit filed by 20 states to overturn the Affordable Care Act, which is widely known as Obamacare. Between the time they were elected and seated, Republican lawmakers passed laws limiting their authority and giving lawmakers — not the governor and attorney general — control of lawsuits like the one over Obamacare.
With his speech and a letter to Kaul, Evers indicated he wanted the state out of that lawsuit despite the laws.
In his letter, Evers told Kaul he was was “immediately withdrawing the authority” given to Kaul’s predecessor, Republican Brad Schimel, to initiate the Obamacare lawsuit.
“I cannot continue to allow the use of taxpayer resources toward a lawsuit that could undermine the health security of the people of the state,” Evers wrote.
Kaul did not say whether he had the power to meet Evers’ request.
“This is a really important lawsuit and the Department of Justice will act consistently with the law,” Kaul said. “We intend to respond to the governor’s request promptly.”
Just before he was sworn in, Evers signaled in a Milwaukee Journal Sentinel interview that he would not follow parts of the lame-duck laws. But the next day he said he had “no intent of breaking the law.”
A week later, Evers said he planned to tell Kaul to change Wisconsin’s stance in the lawsuit. That appeared to be a way to get Wisconsin to side with states that have joined the lawsuit to argue for keeping the health-care law in place.
But with his speech and letter, Evers went further and tried to get Wisconsin out of the lawsuit entirely.
Hitting familiar themes
Evers used his speech to hit many of the themes he did during his campaign — making health care more affordable and accessible, funneling more money to schools and finding ways to fix Wisconsin’s roads.
“The investment we make in our kids today will yield dividends for generations,” he said. “That’s why our budget reaffirms our state’s commitment to our kids by returning to two-thirds funding for schools across Wisconsin.”
Evers has said he wants to put $1.4 billion more toward schools over the next two years — an amount Republican lawmakers have said the state likely can’t afford.
Evers did not mention that figure in his speech. Instead, he focused on how some of the total would be spent, such as $600 million that would go toward special education.
But Senate Majority Leader Scott Fitzgerald, a Juneau Republican, said he didn’t see how the state could afford that funding increase.
“I took a step back, like, is that the right figure? Is he using the right figure?” Fitzgerald said. “There was a lot of numbers that were thrown around that I’m not sure that it really adds up.”
Sen. Alberta Darling, a River Hills Republican and co-chairwoman of the budget committee, said she believed only a fraction of what Evers is seeking will be available for schools.
Republicans can easily block much of Evers’ agenda because of their large majorities. They control the Assembly, 6335, and the Senate, 19-14.
Republican lawmakers expressed optimism before the speech that they could find common ground with Evers in part because of the condition of the state’s budget and economy.
“Tony Evers is really the manager of a team that has bases loaded, the cleanup hitter at bat with nobody out,” said Steineke, the Assembly majority leader. “I mean, he is inheriting an extremely good position in the state of Wisconsin. It’s going to be very easy for him to score runs if he’s willing to work with us on stuff.”
Evers used his speech to emphasize cooperation, too.
“We’re ready for bipartisan solutions,” Evers said.
But he also talked about ideas Republicans strongly oppose, and told lawmakers he expects them to work off the budget he submits to them. They reacted coolly to that idea.
“If he chooses to make political fights by expanding government-run health care and having a big tax increase, it’s going to mean the entire budget is unsustainable,” Assembly Speaker Robin Vos of Rochester said after the speech. “I’ve tried to be optimistic to say we can certainly work off his budget if he doesn’t build it on a house of sand knowing all this money is never going to be there that he wants to spend. He still has the opportunity to change his mind.”
Fitzgerald after the speech said he wants lawmakers to cast Evers’ entire budget aside from the outset.
Health care
Evers wants to expand health care to 76,000 more people using Obamacare funds. The proposal would free up about $280 million in state money over two years that could be used for schools or other purposes. In his speech, he noted that Republican states such as Kentucky, Nebraska and Idaho have gone along with such plans.
He calls his plan essential because it would provide coverage to more people while lowering overall costs for the state. But Republicans have said they will not go along with the idea because they believe the plan will drive up costs for those who get insurance through the private sector.
“He should give up on it,” Fitzgerald said. Vos was more blunt: “No.”
Evers and Republicans have also clashed over protecting insurance coverage for those with pre-existing conditions.
Just hours before Evers delivered his speech, the Assembly passed a bill, 7619, to do that, but its fate remained uncertain. Evers said he thought the measure fell short and Fitzgerald of Juneau said he did not know if his chamber would take it up.
Praise for the Wisconsin Idea
In his speech, Evers gave a nod to retiring University of Wisconsin-Madison Band Director Mike Leckrone and praised the Wisconsin Idea, the UW mission statement that says the university’s purpose is to improve people’s lives beyond the classroom.
Former Gov. Scott Walker sought to remove that mission statement from state statutes in 2015 but backed off amid protest, saying the plan was a “drafting error.”
Evers will return to the Assembly chamber next month to deliver his budget address and kick off a debate over taxing and spending that will be the focus of lawmakers for months.
Taxes
Evers campaigned on cutting income taxes by 10 percent for individuals making up to $100,000 and families making up to $150,000. He wants to pay for it by greatly scaling back a tax break for manufacturers and farmers.
Assembly Republicans have said they’re on board with cutting taxes by 10 percent for the middle class but want to cover it using a surplus to keep the break for manufacturers and farmers. Evers opposes that approach. “We’re not going to do it by spending money we don’t have or that might not be there in two years,” he said. “I don’t make promises I can’t keep and I’m not going to propose things that we can’t pay for.”
Democrats have said a tax cut structured as Assembly Republicans recommend wouldn’t leave enough money available to cover investments in schools and local governments.
Senate Republicans also want to preserve the tax break for manufacturers and farmers but are expected to come out with a plan that differs from the Assembly proposal.