MADISON, Wis. — The Wisconsin Supreme Court delivered a significant ruling Tuesday, siding unanimously with the state’s Democratic attorney general in a protracted legal dispute over legislation that aimed to reduce his powers. The court’s 7-0 decision found that a 2018 law passed during a lame-duck session by Republicans violated the state’s constitutional separation of powers.
The ruling centered around the legislative restrictions that hindered the Wisconsin Department of Justice’s ability to resolve civil cases. The court’s opinion emphasized that litigation on behalf of the state is fundamentally an executive function. However, it acknowledged that the Legislature might have a role in certain cases where a constitutional interest is present. Ultimately, the ruling determined that no such institutional interest justified the legislative control asserted in the 2018 amendments.
Wisconsin Attorney General Josh Kaul expressed satisfaction with the ruling, stating it would allow the Department of Justice to handle ongoing cases more effectively. Kaul noted that this decision enables the office to enforce consumer protection and environmental laws without unnecessary legislative intervention.
In 2018, prior to the inauguration of new state officials, the Republican-controlled Wisconsin legislature passed a controversial amendment that required the Department of Justice to seek approval from a legislative committee before settling any civil cases. This change was seen by many as an attempt to curtail the authority of the incoming Democratic administration.
The suit challenging the law was filed in the Dane County Circuit Court by Attorney General Kaul, alongside the Department of Justice and state officials, including Governor Tony Evers and the Secretary of the Department of Administration. The plaintiffs contended that the amendments undermined the executive branch’s ability to function effectively.
As the ruling reverberates throughout the state, it reinforces the independence of the Department of Justice and restores its autonomy in legal matters critical to Wisconsin residents. This decision not only underscores the court’s commitment to upholding constitutional principles but also emphasizes the importance of clear delineation between the powers of state branches.
This ruling, welcomed by progressive leaders, could signal a shift in how legal authority is interpreted in Wisconsin, potentially influencing future legislative efforts and court rulings. With elections approaching, the implications for how state government functions could be substantial.
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