Court Divided on Stark Ideological Lines
The Wisconsin Supreme Court has decided to hear a lawsuit filed by Democratic Governor Tony Evers against the Republican-controlled state Legislature. The lawsuit alleges that lawmakers are obstructing basic functions of the state government. The court’s decision clearly reflects its ideological divide, with the four liberal justices siding with Evers and the three conservative justices opposing him.
Partial Acceptance of the Case
The court has agreed to immediately hear only one of the three issues presented in Evers’ complaint. This particular issue pertains to the Legislature’s budget committee, which blocked funding for state conservation programs under Republican control. The court has put the other two issues on hold for now. These issues involve a legislative committee’s denial of pay raises for employees and the blocking of updates to the state’s commercial building standards and ethics standards for licensed professionals.
A Critique of the Majority Opinion
In her dissent, Justice Rebecca Bradley accuses the majority of unnecessarily involving the court in politics. She claims that by accepting only one issue and holding the others, the court is enabling the governor to impose policy changes without the consent of the governed. Bradley argues that the court is excessively influenced by political allies.
Questioning the Decision
Justice Brian Hagedorn, who dissented separately, raises concerns about the direct acceptance of the case without first establishing facts through lower court proceedings. He suggests that thoughtful decisions in lower courts can help clarify the court’s work by framing the arguments and assessing their effectiveness.
Political Fallout
Governor Evers, Assembly Speaker Robin Vos, and Senate Majority Leader Devin LeMahieu have not responded to requests for comment. Evers argues in his lawsuit that committees controlled by a few Republican lawmakers are exceeding their constitutional authority. One example he cites is the budget committee’s rejection of conservation projects selected by the Wisconsin Department of Natural Resources. The Republicans have long been critical of the program, which protects land from development.
A History of Conflict
Evers and the GOP-controlled Legislature have been at odds since Evers’s election in November 2018. The governor has issued more vetoes than any other Wisconsin governor, including blocking numerous bills related to election procedures. The Legislature even held a lame-duck session to weaken the incoming governor’s powers just weeks before he took office. The strained relationship has also resulted in the rejection of Evers’s appointees to boards and commissions.
Changing Dynamics in the Supreme Court
The Wisconsin Supreme Court shifted to a liberal majority in August, and in December, it invalidated Republican-drawn legislative maps. The Evers lawsuit is one of several high-profile cases filed by Democrats since the court’s ideological makeup changed.
