From the Article:
GOP lawmakers overstepped their constitutional authority when they used a committee to block certain gubernatorial actions, Wisconsin’s Supreme Court concluded in a 6-1 ruling.
Friday’s near-unanimous decision hands a major victory to Democratic Gov. Tony Evers, who filed a lawsuit arguing legislative committees like the GOP-led Joint Finance Committee violated the separation of powers established in Wisconsin’s Constitution.
The lawsuit cited moves by the committee, such as blocking the ability of Evers’ Department of Natural Resources to acquire land for conservation using funds that had already been earmarked by the full Legislature. In circumventing the DNR’s ability to carry out those purchases for what’s known as the Knowles-Nelson Stewardship Program, Wisconsin’s budget-writing committee “intruded” on executive power, six justices concluded.
“Maintaining the separation of powers between the branches is essential for the preservation of liberty and a government accountable to the people,” conservative Justice Rebecca Bradley wrote in the majority opinion. “By placing the power of the executive branch to carry out the law in a committee of the legislature, the legislative branch subsumed the executive power.”
Evers called the ruling a “victory for the people of Wisconsin” in a statement Friday.
“Republican lawmakers have spent years giving themselves outsized influence and power that they’ve used to unconstitutionally obstruct basic government functions and prevent my administration from doing the people’s work,” the statement said. “I’ve spent years working against near-constant Republican obstruction, and this historic decision rightfully resets constitutional checks and balances and restores separation of powers.”
Joint Finance Co-Chairs Sen. Howard Marklein, R-Spring Green, and Rep. Mark Born, R-Beaver Dam, said the decision was an “unfortunate” reversal of longstanding, “key components” of the land stewardship program that have been in place under both Democratic and Republican administrations. “These provisions have ensured taxpayer resources are spent wisely and that local communities and stakeholders have had a seat at the table on important projects impacting their area,” the statement said. “This decision removes our current legislative oversight process. Our entire stewardship program is now in jeopardy.”
Evers has long been engaged in a tug of war over authority with Wisconsin’s Legislature. Republicans hold a majority in both Wisconsin’s Senate and Assembly, but are just shy of the Assembly supermajority needed to override vetoes from the governor.
