Wisconsin Supreme Court overturns GOP power grab, restores Attorney General’s authority in major win

The Wisconsin Supreme Court on Tuesday struck down a law passed by Republicans in a 2018 lame-duck session that restricted the powers of Democratic Attorney General Josh Kaul, as per a report.

Court Rejects Law That Limited Attorney General’s Power

The court ruled unanimously, 7-0 that the law, which required Kaul to get approval from a Republican-controlled legislative committee before settling certain lawsuits, violated the state’s separation of powers and was unconstitutional, according to an AP report.

The law targeted Kaul’s authority to settle lawsuits related to environmental and consumer protection cases, as well as those involving the governor’s office and executive branch, AP reported. AP wrote, "The new law required the Legislature’s budget committee, which is controlled by Republicans, to sign off on those settlements."


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How the Legal Battle Started

According to AP, the legal battle started six years ago when the Republican-controlled Legislature held a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents, and the laws signed by Republican Gov. Scott Walker, reduced the powers of both offices.

What the Court Said About Separation of Powers

Justice Brian Hagedorn, writing for the court, emphasized that the Legislature cannot “assume for itself the power to execute a law it wrote,” quoted AP. Hagedorn also pointed out that there is no constitutional justification for requiring the Legislature’s budget committee to sign off on court settlements at issue in the case, as quoted in the AP report.

Attorney General Josh Kaul’s Reaction to the Ruling

Kaul celebrated the court's ruling, and said in a statement that the decision “finally puts an end to the legislature’s unconstitutional involvement in the resolution of key categories of cases,” as quoted in the report.

FAQs

What did the Wisconsin Supreme Court rule?
The court struck down a law requiring the attorney general to get legislative approval before settling certain lawsuits, calling it unconstitutional, as per the AP report.

When was the law passed?
The law was passed in December 2018 during a lame-duck session after Democrats won key state offices, as per AP report.