The Wisconsin Supreme Court has unanimously ruled against a 2018 legislative measure designed to curb the powers of the state’s attorney general. In a significant decision, the court declared the legislation—passed during a lame-duck session led by Republican lawmakers—as unconstitutional, citing a violation of the separation of powers doctrine.
This 7-0 ruling supports the position of the Democratic Attorney General Josh Kaul, who argued that the law encroached upon the core executive functions of state litigation. The court concluded that the Legislature failed to prove any constitutional institutional interest that would justify their involvement in such cases. According to the decision, these matters fall squarely within the executive branch’s responsibilities.
In response to the court’s verdict, Attorney General Kaul expressed that the ruling will enable the Wisconsin Department of Justice to more efficiently handle civil cases, including those related to consumer and environmental protections. His statement emphasized the anticipated improvements in resolving cases impacted by the decision.
The contested legislation had amended the statute governing the Department of Justice’s ability to settle cases. Specifically, it required settlements of civil cases to receive prior approval from a legislative committee before proceeding. This restriction was challenged in the courts by Attorney General Kaul, alongside Governor Tony Evers and other state officials, who filed suit in the Dane County Circuit Court, arguing that the new limitations impaired the efficient execution of justice.
Legal professionals and entities with a vested interest in the separation of powers doctrine will closely scrutinize this decision and its broader implications for the delicate balance between Wisconsin’s legislative and executive branches. For a detailed account of the court’s opinion and further developments, refer to the article published by JURIST.