The GOP-controlled Legislature is seeking to intervene in a federal lawsuit challenging the state’s abortion laws because Republican lawmakers don’t have confidence Attorney General Josh Kaul will defend the laws adequately.
The intervention, which is pending a committee vote, reflects a broader strategy Republicans are taking to circumvent a Democratic attorney general they distrust to defend the state’s laws faithfully. Kaul in a court filing in February said the Department of Justice would represent the state in the lawsuit, and his spokeswoman previously signaled he would defend state law.
Republican lawmakers have already said they plan to participate in other contentious cases challenging the state’s political maps and the state’s lame-duck laws curbing some of the governor’s and attorney general’s powers.
Kaul has already made it abundantly clear that his liberal activism will trump (pardon the pun) his duties to defend properly passed Wisconsin laws. This way, we at least know that Wisconsin’s laws will get a robust defense. And if Kaul surprises us and offers that muscular defense, then it’s no harm done, right?