MADISON, Wis. (AP) — The Wisconsin Supreme Court will hear a case Wednesday that puts Democratic Governor Tony Evers against the Republican-controlled Legislature in a fight that could have a broad impact on the functioning of state government.
The case marks the latest power struggle between the Legislature and Evers, who issued more vetoes than any Wisconsin governor. A decision in favor of Evers would overturn decades-old practices in the Legislature and make it easier to approve projects in a land management program. But Republicans warn that the dispute is about much more than that.
Evers argues that the Legislature’s powerful Joint Finance Committee, controlled 12-4 by Republicans, is exceeding its constitutional legislative authority and acting as a fourth branch of government. The Legislature counters that the committee’s powers, including approval of certain state conservation projects, are well established in state law and judicial precedent.
Legislative lawyers argue in legal proceedings that Evers is seeking “fundamental change” in the state’s government structure. If the court sides with Evers, then countless other functions of the budget committee, the state building commission and other legislative committees would also be unconstitutional, GOP lawyers say.
Evers, speaking about the case Tuesday, said the state Supreme Court needs to recognize that the Legislature’s budget committee has served as a fourth branch of government and should be controlled.
“The idea that somehow they have the ability to essentially function as a fourth arm of our state is simply wrong,” Evers told reporters.
The action cites the commission rejection from dozens of conservation projects selected by the Wisconsin Department of Natural Resources under the Knowles-Nelson Stewardship Program.
The Legislature created the administration program in 1989. Provides funding primarily to local governments, conservation groups, and the DNR to purchase blocks of land to preserve natural areas and wildlife habitats, protect water quality and fisheries, and expand outdoor recreational opportunities. Supporters tout it as a way to further protect natural areas from development.
Republicans have tried for years to reduce administration purchases, complaining that they take too much land off the tax rolls, steal revenue from northern Wisconsin municipalities and increase state debt.
Legislative oversight of the program increased as concerns grew about the scope and cost of the administration program.
The Legislature did its job by passing laws creating and funding the program, Evers’ lawyers argue in court lawsuits. But the budget committee’s ability to block approval of administration bills, essentially vetoing executive branch decisions, is an unconstitutional violation of the separation of powers, they say.
Evers’ lawyers are asking the court to “restore our state government’s constitutional balance of power.”
But lawyers for the Legislature counter that it would be “a grave insult to the separation of powers” to “undermine these decades-old systems now by allowing agencies to have unfettered authority.”
The court will issue a decision in the coming weeks or months.
Evers filed the case in October, two months after the court passed to liberal majority control. The case is one of several high-profile lawsuits brought by Democrats since the court’s majority changed.
Most significantly, the court in December overturned Republican-drawn legislative mapswhich led the Legislature to approve maps drawn by Evers that are expected to result in Democrats gaining more seats in November.
