Wisconsin Republicans are wrongfully halting conservation efforts, a court has ruled, marking a significant victory for Governor Tony Evers and his administration. The ruling comes after Evers filed a lawsuit against the Republican-controlled Wisconsin State Legislature, accusing them of unconstitutional obstruction of government functions. The lawsuit, filed by Wisconsin Attorney General Josh Kaul at Evers’ request, highlights the legislature’s actions in blocking pay raises for University of Wisconsin (UW) System employees, conservation projects under the Knowles-Nelson Stewardship Program, and updates to the state’s commercial building and ethics standards.
Governor Evers expressed his frustration, stating, “Republican legislators are unconstitutionally obstructing basic functions of government—actions that have not only aimed to prevent state government from efficiently and effectively serving the people of our state but are now actively harming tens of thousands of Wisconsinites every day across our state.” Evers emphasized that Wisconsinites expect their elected officials to govern and get things done, not to work against them.
The lawsuit argues that the Wisconsin State Legislature has increasingly violated the Wisconsin Constitution by creating “legislative vetoes” that allow small legislative committees to impede executive branch functions. This practice, according to the lawsuit, effectively changes state law without passing a bill through both houses of the Legislature and sending it to the governor for signature or veto. Similar legislative actions in other states have been struck down by appellate courts.
Attorney General Kaul stated, “To protect our liberty, the Wisconsin Constitution, like the U.S. Constitution, provides for the separation of powers. Despite the importance of this constitutional safeguard, however, the state Legislature has given legislative committees a veto over a wide range of executive branch activity, concentrating executive power in small subsets of the Legislature.”
The lawsuit challenges three specific instances of obstruction by the Republican-controlled legislature:
1. **Blocking Pay Raises for UW System Employees**: The Joint Committee on Employment Relations has withheld already-approved pay raises for about 35,000 UW System employees. Despite the legislature approving a 4% pay raise in the first year and a 2% raise in the second year of the biennium, the committee has refused to release these raises for UW employees. Speaker Robin Vos has indicated that the committee will continue to block the raises until the UW System cuts positions dedicated to diversity, equity, and inclusion or gives up its authority to create employee positions.
2. **Obstructing Conservation Projects**: The Joint Committee on Finance has repeatedly blocked conservation projects selected under the Knowles-Nelson Stewardship Program. This program, administered by the Department of Natural Resources (DNR), aims to expand and improve public access to natural resources. However, the committee has blocked nearly one-third of all proposed conservation projects since 2019, delaying them for an average of 291 days.
3. **Halting Updates to Building and Ethics Standards**: The Joint Committee for Review of Administrative Rules has indefinitely blocked updates to the state’s commercial building standards and ethics standards for licensed professionals. These updates, proposed by the Department of Safety and Professional Services (DSPS) and the Marriage and Family Therapy, Professional Counseling, and Social Work Examining Board, aim to bring the standards into compliance with current practices. However, the committee has blocked these updates, including a provision that defines conversion therapy as unethical conduct.
The lawsuit seeks a ruling from the Wisconsin Supreme Court due to the significant statewide importance and the “exigent harms” caused by the legislature’s unconstitutional obstruction. The court’s decision could have far-reaching implications for the separation of powers in Wisconsin and the ability of the executive branch to carry out its functions without undue interference from the legislature.
Governor Evers’ decision to file the lawsuit was driven by the legislature’s recent move to block pay raises for UW employees, which he described as the “last straw.” Evers emphasized that the lawsuit is not about diminishing the voice of Wisconsinites but about ensuring that the government functions effectively and constitutionally.
Senate Majority Leader Devin LeMahieu criticized the lawsuit as “frivolous” and accused Evers of trying to strengthen his administration at the expense of the legislature’s authority. Speaker Vos suggested that the lawsuit was an attempt to eliminate the 4% raises approved for non-UW state employees, although the lawsuit does not seek to overturn that action.
UW President Jay Rothman expressed his concern over the legislature’s decision to withhold pay raises, stating that it was unprecedented to use employee pay as leverage in a political dispute. Rothman emphasized the need to resolve the issue and ensure that UW employees receive their deserved pay raises.
The lawsuit argues that the legislature’s use of “legislative vetoes” violates the Wisconsin Constitution by giving committees the power to decide how to administer laws, a function reserved for the executive branch. The lawsuit also contends that this process allows lawmakers to change the law outside the normal legislative process, which requires a bill to pass both houses and be presented to the governor.
The court’s ruling in favor of Governor Evers and his administration is a significant step towards restoring the proper balance of power between the executive and legislative branches in Wisconsin. It underscores the importance of adhering to constitutional principles and ensuring that government functions are carried out efficiently and effectively for the benefit of all Wisconsinites.
Source: WEAU, WisPolitics
