Wisconsin Governor Tony Evers has filed a lawsuit against the Republican-controlled Legislature, accusing them of obstructing essential government functions. Evers is specifically challenging their refusal to approve pay raises for university employees that had been previously authorized. The governor is seeking to bypass lower courts and have the liberal-controlled Wisconsin Supreme Court address the case directly.
As of now, Republican legislative leaders, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, have not responded to emails requesting comment on the lawsuit.
In addition to the pay raises for approximately 35,000 University of Wisconsin employees, Evers argues that the Legislature is impeding state conservation programs, updates to commercial building standards, and ethics standards for licensed professionals.
Although the state budget passed earlier this year included a 6% pay raise for University of Wisconsin employees over a two-year period, the committee of legislative leaders must also approve these pay raises. On October 17, the committee approved pay raises for state workers but not for UW employees. This decision was made due to Republican Assembly Speaker Robin Vos’ opposition to spending at the university for diversity, equity, and inclusion efforts and positions.
Evers claims in the lawsuit that the Legislature is violating the state constitution and separation of powers by creating “legislative vetoes.” These vetoes allow committees controlled by a few Republican lawmakers to block actions by the executive branch.
Governor Evers and the GOP-controlled Legislature have had a contentious relationship since Evers’ election in November 2018. Evers has issued more vetoes than any other governor in Wisconsin, including blocking multiple bills related to election procedures in the state.
Prior to Evers taking office, the Legislature held a lame-duck session to weaken the incoming governor’s powers. They have also consistently rejected Evers’ appointees to boards and commissions, including firing a majority of the Natural Resources Board in October.
The strained relationship between Evers and Republican legislative leaders is further evidenced by their rare meetings. Evers is currently in the first year of his second term.
Republicans have been working to increase their number of seats to near veto-proof supermajorities. They currently hold the necessary two-thirds majority in the Senate and are two votes away from achieving the same in the Assembly.
Evers and other Democrats are supporting a separate lawsuit before the state Supreme Court, aiming to invalidate the Republican-drawn legislative map and potentially reduce GOP majorities. Oral arguments for that case are scheduled for November 21.
In his new lawsuit, Evers argues that the Legislature is effectively attempting to change state law without following the proper process of passing a bill and sending it to the governor for approval or veto. The lawsuit cites previous court rulings in Alaska, Kentucky, Michigan, Missouri, New Jersey, and West Virginia, which struck down similar efforts by legislatures.
Evers stated in a press release, “Republican legislators are unconstitutionally obstructing basic functions of government—actions that have not only aimed to prevent state government from efficiently and effectively serving the people of our state but are now actively harming tens of thousands of Wisconsinites every day across our state.”
The lawsuit asserts that the state Supreme Court should directly address the case due to its significant statewide impact and the harm caused by blocking pay raises, delaying programs, and failing to meet modern building standards. With four out of the court’s seven elected justices being liberals, they hold a majority.
If the court agrees to take on the case, it will establish deadlines for arguments within weeks. Otherwise, the lawsuit would need to go through the lower courts first, which could take several months or longer.
