MADISON, WI (WSAU) -- The Wisconsin Supreme Court has thrown out a lawsuit against the Lame Duck laws passed by the Wisconsin Legislature last fall that limit the powers of Governor Evers and Attorney General Josh Kaul.
In a 4-3 decision the conservative wing of the Court held that the Republican controlled legislature was allowed to bring themselves into special session to pass the laws. The lawsuit argued the State Constitution says that a special session like this can only be called by the Governor or "as provided by law." There is no law in the state that describes "extraordinary sessions" but they have been held for years.
Justice Rebecca Bradley wrote the majority opinion which suggested that a legislature can determine for itself when it meets.
In a statement Governor Tony Evers called the decision disappointing but "all too predictable. It is based on a desired political outcome, not the plain meaning and text of the constitution."The state constitution is clear. It limits when the legislature can meet to pass laws. Our framers knew that no good comes from lawmakers rushing laws through at the last minute without public scrutiny. The lame-duck session proves the framers were right. This was an attack on the will of the people, our democracy, and our system of government."
Evers went on to say the people of Wisconsin deserve better.
As the Milwaukee Journal-Sentinel describes the laws that were passed. "they require a committee of legislators to sign off on some court settlements, put lawmakers in charge of signing off on changes to public benefit programs, require the Evers administration to rewrite thousands of government documents, and give the legislature the ability to more easily block rules written by the Evers administration."
The next suit against the laws was brought by unions who argue that they violate the constitution's separation of powers doctrine. The Court is expected to hear arguments in that case in the coming months.
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