MADISON, Wis. (AP) — Wisconsin Democratic Governor filed a lawsuit against the Republican-controlled Legislature on Tuesday, accusing them of obstructing essential government functions. These functions include approving previously agreed-upon pay raises for university employees.
Evers is requesting that the liberal-controlled Wisconsin Supreme Court hear the case directly, bypassing lower courts.
The Republican leaders of the Legislature, Senate Majority Leader Devin LeMahieu and Assembly Speaker Robin Vos, have not responded to email requests for comment.
In addition to withholding approval for pay raises for approximately 35,000 University of Wisconsin employees, Evers alleges that the Legislature is blocking state conservation programs, updates to commercial building standards, and ethics standards for licensed professionals.
The state budget passed earlier this year by the Legislature, which Evers signed, included a 6% pay raise for UW employees over two years. However, pay raises must also be approved by a committee of legislative leaders. On October 17, this panel approved pay raises for state workers but rejected them for UW employees due to opposition from Republican Assembly Speaker Robin Vos, who opposes spending on diversity, equity, and inclusion efforts at the university.
In the lawsuit, Evers argues that the Legislature is violating the state constitution and the principle of separation of powers by creating “legislative vetoes.” These vetoes allow committees controlled by a few Republican lawmakers to block actions of the executive branch.
Evers and the GOP-controlled Legislature have had a contentious relationship since Evers was elected in November 2018. Evers has used his veto power more frequently than any other Wisconsin governor, including blocking numerous bills related to election procedures in the key presidential battleground state.
Shortly before Evers took office, the Legislature called a lame duck session to weaken the incoming governor’s powers. They have consistently rejected Evers’ appointees to boards and commissions, including dismissing a majority of the Natural Resources Board in October.
Evers has rarely met with Republican legislative leaders, further highlighting the strained relationship between them. 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 control two-thirds of the Senate and are two votes away from a majority in the Assembly.
Evers and other Democrats support a lawsuit before the state Supreme Court challenging the Republican-drawn legislative map. They hope to replace it with a map that would likely reduce GOP majorities. Oral arguments for this case are scheduled for November 21.
In this new lawsuit, Evers argues that the Legislature is effectively trying to change state law without passing a bill for the governor’s approval or veto. The lawsuit points out that similar efforts by other legislatures in Alaska, Kentucky, Michigan, Missouri, New Jersey, and West Virginia have been struck down by the courts.
“Republican legislators are unconstitutionally obstructing basic functions of government—actions that not only hinder the efficient and effective service of our state to its people but now actively harm tens of thousands of Wisconsinites every day,” Evers said in a statement.
The lawsuit urges the state Supreme Court to hear the case directly due to its significant statewide impact and the harm caused by withholding pay raises, delaying programs, and refusing to adopt modern building standards. With four of the court’s seven justices being elected liberals, they hold the majority.
If the court agrees to accept the case, it would set deadlines for arguments within a few weeks. Otherwise, the case would have to go through the lower courts first, which could take several months or longer.
