In a significant decision, the Wisconsin Supreme Court has upheld Governor Tony Evers’ use of a partial veto, which creatively ensures an increase in school funding for the next 400 years. This 4-3 ruling, supported by the court’s liberal justices, affirms the uniquely powerful veto authority granted to Wisconsin governors, allowing them to modify spending bills in a manner not seen in any other state.
Wisconsin governors possess a distinctive partial veto power that enables them to alter spending bills by striking words, numbers, and punctuation marks, while governors in other states typically can only reduce or eliminate spending. In a move that grabbed national attention, Governor Evers changed a budget proposal to allow an annual revenue raise for K-12 schools of $325 per student, extending the validity from the year initially set as “2024-25” to an unprecedented “2425” by creatively dropping numbers and a hyphen.
The argument against this decision stemmed from a coalition including the state legislature and Wisconsin Manufacturers & Commerce, who noted a 1990 constitutional amendment meant to limit such modifications. This amendment forbids altering individual letters to craft new words, often called the “Vanna White” veto, referencing the Wheel of Fortune host.
Despite challenges, Evers argued that the amendment only shielded against alterations of letters to form new words, not against the manipulation of numbers. The majority of the court agreed, ruling in favor of his interpretation of the partial veto power, despite the considerable change it entailed.
Justice Jill Karofsky, writing for the majority, noted the expansive reach of the governor’s veto power, emphasizing that the constitution does not restrict this authority based on the magnitude of policy changes. Yet, this decision wasn’t well-received by observers from the conservative bench, who argued that such a ruling grants excessive authority to the executive branch and distorts legislative orders. Dissenters express concern that this interpretation suggests the governor can effectively rewrite law through veto power, rendering legislative checks ineffective.
Evers welcomed the decision, celebrating it as a victory for the state’s education system. On the other hand, Republicans criticized the judgment, accusing the court of partisanship and predicting increased property taxes as districts shoulder the responsibility to fund the predicted revenue increases through taxes.
The concept of the governor’s partial veto power in Wisconsin traces its roots back to a 1930 constitutional amendment. Over the years, attempts to limit this power have been made, catalyzed by criticisms against vetoes from both Republican and Democratic governors alike. In 2020, a Supreme Court dominated by conservatives invalidated some of Evers’ partial vetoes, pointing towards this long-standing tension between Wisconsin’s executive and legislative branches.
This latest ruling promises to deepen the legislative stalemate, as the Republican leadership awaited these judicial clarifications on the governor’s veto powers before tackling vital budget legislation. An additional pending case revolves around whether Evers unlawfully used his partial veto to alter legislation concerning new literacy program funding.
In an attempt to address these legislative concerns, the court’s liberal majority highlighted paths for the legislature to overturn the 400-year funding extension, such as adopting a constitutional amendment restricting the governor’s veto power or structuring future bills to prevent such wide-reaching vetoes. However, Justice Hagedorn, in his dissent, expressed skepticism about these proposed solutions, criticizing the court for stripping the legislature of significant authority.