Boots & Sabers

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2037, 23 Nov 20

Evers Administration Sues

The liberals won the Supreme Court election and the election is over. Time for them to launch a barrage of lawsuits in the hope that the Wisconsin Supreme Court has shifted Left.

MADISON – Gov. Tony Evers and Attorney General Josh Kaul sued state lawmakers Monday, bringing a new challenge to a set of lame-duck laws Republicans passed two years ago to curb their powers.

The latest case focuses on a requirement that the Legislature’s budget committee sign off on some court settlements negotiated by Kaul.

Evers and Kaul argue that the policy violates the state constitution’s separation-of-powers doctrine, which spells out what authorities belong to the executive and legislative branches of government.

With the lawsuit, the state’s top two Democrats are trying to resolve an issue that has remained elusive during the first half of their terms in office.

In a ruling this summer, the state Supreme Court found the settlement provision does not violate the state constitution in all situations but left open the possibility that it might some of the time. The new, narrower lawsuit asks the high court to rule that two classes of cases should be exempt from the requirement to get approval from lawmakers.

On the merits, the law does not appear to violate the separation of powers. In fact, the law is a long-overdue legislative oversight that I hope remains in place for future Republican Attorneys General too. Some state AGs have used their power to shake down companies for settlements that can then be doled out to political favorites by the administration in power. A little oversight and discussion with the legislature is not an undue burden. It is, however, a prudent exercise of the legislative branch to oversee the collection and disbursement of settlement that often total millions of dollars.


2037, 23 November 2020


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