Democratic Governor Tony Evers is once again fighting to regain certain powers stripped from his office.
In his latest budget proposal, Evers has included plans to repeal a set of controversial laws passed during the 2018 lame-duck session. These laws were enacted just after Evers defeated former Republican Governor Scott Walker but before he officially took office. The measures significantly reduced the authority of the governor and attorney general, transferring many powers to the Republican-controlled Legislature.
Evers has been advocating for this repeal in all four of his budget proposals since taking office.
Key Changes Evers Wants to Make
One of the laws Evers wants to eliminate states that if the Senate rejects a governor’s nominee for a state position, the governor cannot reappoint that person to the same role. This law clarifies the Senate’s “advice and consent” role in government appointments. Evers’ latest attempt to repeal it has sparked strong opposition from Republican lawmakers.
Republican Senator Van Wanggaard of Racine criticized Evers’ proposal, saying,
“What’s the point of the Senate’s advice and consent if a rejected nominee can still serve? Can you imagine the outrage if former President Trump or Governor Walker had done this?”
Evers’ spokesperson, Britt Cudaback, fired back on social media, saying,
“This is nothing more than an attempt to undo the 2018 lame-duck provisions Republicans passed because they were upset about losing to a Democrat.”
This law is just one of several changes made by the GOP in late 2018 to weaken the incoming Democratic leadership. The bills were rushed through during Walker’s final weeks in office and signed into law before Evers and Attorney General Josh Kaul could take over.
The Ongoing Battle Over Government Power
One of the major restrictions put in place by these laws prevents governors from reappointing political nominees rejected by the Senate, which remains under Republican control. Since taking office in 2019, Evers has faced significant pushback on his appointments.
- Over 180 of Evers’ appointees remain unconfirmed by the Senate.
- 21 appointees have been rejected outright by Republican lawmakers.
Attorney General Josh Kaul, whose powers were also reduced by the 2018 laws, has been challenging them in court for years. In 2020, the Wisconsin Supreme Court’s conservative majority upheld the laws, siding with Republicans. However, the political landscape has shifted, and with a 4-3 liberal majority now in the Supreme Court, Kaul is asking the court to review whether certain laws—like the one allowing the GOP-controlled Joint Finance Committee (JFC) to reject settlements in civil lawsuits—are even constitutional.
Why Republicans Are Blocking the Repeal
For nearly six years, Evers has tried to repeal these laws through his budget proposals. Each time, Republican lawmakers have pushed back.
Republican Senator Wanggaard argued that Evers is trying to sneak these repeals into the budget without public scrutiny.
“This is why Republicans start the budget process from scratch. You need to read the fine print.”
Other Lame-Duck Laws Evers Wants to Overturn
Apart from the appointment rules, Evers is also trying to reverse several other 2018 laws that:
- Allow Republican leaders to hire outside legal counsel without relying on the Department of Justice (DOJ).
- Require that at least 70% of funding for certain highway projects come from the federal government. If that quota isn’t met, the Republican-controlled JFC must approve an alternative funding plan.
- Mandate that the Department of Health Services (DHS) seek legislative approval before requesting federal waivers or launching new programs. The JFC also has the power to reduce DHS funding if it doesn’t comply.
- Grant GOP-controlled committees authority over Capitol security changes and the creation of new enterprise zones for business incentives.
Will Evers Succeed This Time?
Evers has tried and failed in all his previous budget proposals to overturn these laws. Given the Republican majority in the Legislature, the chances of success remain slim.
Wisconsin’s Political Landscape Moving Forward
The debate over the lame-duck laws is part of a broader power struggle between Wisconsin’s Democratic governor and its Republican-controlled Legislature. While Evers continues to push for greater executive power, GOP lawmakers remain firm in their stance.
With a more liberal-leaning Supreme Court now in place, Attorney General Kaul’s legal challenge could be a turning point. However, unless the court overturns key provisions, Evers will likely face another rejection from Republicans on his latest budget proposal.
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