Wisconsin Supreme Court Unanimously Blocks GOP Law Limiting Attorney General Powers

The Wisconsin Supreme Court unanimously ruled that a 2018 Republican-passed law requiring the attorney general to obtain approval from a Republican-controlled legislative budget committee before settling certain civil lawsuits is unconstitutional, violating the separation of powers. This law was enacted during a lame duck session after Democrats Tony Evers and Josh Kaul won the governorship and attorney general races, aiming to weaken the powers of these Democratic officials. The court decision, authored by conservative Justice Brian Hagedorn, emphasized that the legislature cannot assume executive powers or oversee settlements related to environmental, consumer protection, financial regulation, and other civil enforcement actions. The ruling restores the authority of Attorney General Kaul and the Department of Justice to independently resolve these cases without legislative interference. The case reflects ongoing tension between the Republican-controlled legislature and the Democratic executive branch, with the court rejecting the GOP's attempt to maintain control over legal settlements despite the earlier 2020 ruling that upheld the law in principle but left room for future challenges. Wisconsin officials, including Kaul and advocacy groups, hailed the decision as a protection of constitutional governance and the voters' will.