How Gov. Evers' lawsuit could have broader implications, reframe state government
MADISON Wis. (CBS 58) -- While some are cheering Gov. Tony Evers' decision to sue Republicans for withholding pay raises at the University of Wisconsin, GOP lawmakers and legal experts are warning about the broader implications it could have on state government.
Evers’ lawsuit challenges three actions taken by GOP-controlled committees; blocking pay raises for UW employees, rejecting a series of conservation projects and ethical standards for state licensed therapists and social workers.
The suit argues it was unconstitutional for Republicans to take "legislative vetoes" and decide how to administer laws that are supposed to be decided by the executive branch.
Howard Schweber, Political & Legal Studies Professor at the University of Wisconsin-Madison, said while the lawsuit is narrow in scope, much more could be at stake.
"A ruling in Evers favor, in principle, means numerous committee actions are unconstitutional," Schweber said.
What else could be impacted?
Any actions taken by GOP-led committees named in the lawsuit (Joint Committee on Finance/Joint Committee on Employment Relations, Joint Committee for Review of Administrative Rules), are at risk of being overturned, Schweber said, an argument Republicans will likely use in court.
"Republicans will want to argue, it's all or nothing," Schweber said. "(If) Justices grant this argument, you'll have to invalidate dozens, hundreds, of committee actions."
Some decisions that could be in jeopardy have been controversial.
One includes Republicans on the rules committeeblocking apolicy put forth by state health officials requiring 7th graders to be vaccinated against meningitis.
Another action allowed social workers and therapists to try and change a person's sexual orientation, a practice known as conversion therapy, after Republicans voted to lift a statewide ban.
On Tuesday, Evers acknowledged how other committee actions could be at risk if his lawsuit is successful, but later stressed how he hopes the state Supreme Court will just focus on the merits of the case.
"We just need to have them do the right thing," Evers told reporters Wednesday. "Give the University staff their raises. That's what's in law."
Evers is asking the state's high court to hear his case, bypassing the lower courts, where his odds could be better with a 4-3 liberal majority.
INS v. Chadha, GOP concerns
While it's possible a series of committee decisions could be impacted, historically, courts have concluded in similar lawsuits that numerous legislative actions would not apply.
In 1983, the U.S Supreme Court ruled that a section of the Immigration and Nationality Act, that allowed a one-House veto of executive actions, did violate the separations of powers, and was ruledunconstitutional.
Then, numerous parties involved argued how this could apply to hundreds of federal statutes, but the court did not invalidate them.
Similar lawsuits have been successful in Alaska, Kentucky, Michigan, Missouri, New Jersey, and West Virginia, according to Evers’ office.
"Half a dozen states have reached these same conclusions, so has the U.S. Supreme Court, but in none of those instances was it the case that numerous statues were suddenly taken off the books," said Schweber.
Still, some Republicans view it as a "power grab" and fear it could be a launching pad to drastically reframing how state government works.
“The Governor is working to diminish the voice of Wisconsinites by limiting the authority of the legislature and unduly strengthening his own administration," Senate Majority Leader Devin LeMahieu said in a statement.
There could also be future litigation if Evers gets a favorable ruling.