Wisconsin Court Backs GOP Legislature in Governor Dispute

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    The Wisconsin Supreme Court delivered a unanimous decision favoring the Republican-controlled Legislature in a recent legal confrontation over Governor Tony Evers’ broad veto authority. The court invalidated Evers’ partial veto on a Republican-backed bill, probing both the scope of his veto powers and the Legislature’s potential to steer funding.

    Additionally, the court decided that the Legislature is allowed to allocate funds for specific state programs into an emergency fund, overseen by the budget committee. Governor Evers had previously contended that such placement was unconstitutional.
    The ruling is likely to prompt the Legislature to design future budgets and spending proposals in ways that circumvent Evers’ vetoes, thereby enhancing their fiscal control.

    This verdict against the governor follows a previous ruling earlier in the year that preserved Evers’ partial veto, ensuring a 400-year school funding increase. Notably, last year, a court decision curtailed some powers of the Legislature’s budget committee, though the current ruling does the opposite.
    Since commencing his tenure, Governor Evers has frequently locked horns with the Republican majority in the Legislature, often leveraging his comprehensive veto abilities to counteract their initiatives.

    To undermine Evers’ influence, Republican lawmakers have sought to place funds for certain state services under the jurisdiction of the budget committee’s emergency fund, achieving significant sway over such funding. Evers challenged this effort, asserting that the Legislature was trying to unlawfully restrict his veto capacity and dictate executive branch expenditures. However, the court sided with the Legislature, ruling that Evers overstepped his bounds by partially vetoing a bill concerning literacy enhancements for K-12 students.
    Moreover, the court affirmed the legality of the budget committee’s control over the emergency fund, having allocated $50 million for literacy improvements therein.

    In 2023, Evers approved legislation establishing an early literacy program under the Wisconsin Department of Public Instruction, including grants for adopting new reading curricula and teacher training. Yet, Republicans appropriated the $50 million for this initiative to an emergency fund outside executive control.
    Evers sought a court mandate to release these funds, arguing the Legislature’s retention was unlawful. However, the Supreme Court demurred, clarifying it lacked the authority to compel the transfer of funds to the education department for literacy efforts.

    While Evers called on the budget committee to release the funds, Republican leaders criticized the governor’s veto for causing delays. They stressed the impending deadline, noting that if no decision is made by Monday, the $50 million would revert to the general fund.
    The Legislature has incrementally increased allocations to the emergency fund, although it constitutes only a small fraction of the state’s total budget. Currently, about $230 million rests in this fund, less than 0.5% of the entire budget.

    In a separate case, Evers employed his partial veto powers on a bill specifying mechanisms for spending the literacy funds, aiming for a more streamlined process with greater Department of Public Instruction autonomy. Yet this move eliminated funding for private and charter school grants.
    Republican legislators legally contested the governor’s partial veto as impermissible. State law permits partial vetoes only on spending bills, requiring entire approval or rejection for other types. The Supreme Court found that since Evers’ partial veto applied to a bill setting spending structures without allocating money directly, it breached constitutional bounds. Justice Rebecca Bradley clarified that the governor’s veto authority is confined to appropriation bills, not closely related legislation.

    Following the ruling, Republican leaders denounced Evers, with Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu applauding the court’s intervention to halt what they viewed as political maneuvering with funds meant for literacy programs.