A Dane County judge ruled Friday that state agency rules can be published as soon as the governor approves them, siding with Democratic Gov. Tony Evers in his lawsuit against the Republican-controlled Legislature.
Judge Nia Trammell issued the decision in a case challenging the Legislature’s practice of reviewing publication of rules before the rule goes into effect. The ruling addresses an ongoing dispute over executive authority and legislative oversight of administrative regulations.
Republicans have asserted that the legislative review of proposed administrative rules is a key component of the checks and balances system used for decades. Previous administrations have used the rules process as a way to implement changes to Wisconsin law without going through the normal legislative process.
In his statement, Evers said the ruling restores balance of power and prevents “a handful of lawmakers” from halting state government operations. He argued the Legislature had exercised “outsized influence” for too long.
The decision is the latest development in the power struggle between Evers and Republican legislative leaders. Republicans have criticized Evers’ administration for bypassing legislative intent through agency rules on issues including health care, environmental regulations and social policies.
The case centered on whether the governor can direct immediate publication without further legislative hurdles. Trammell’s ruling favors the executive branch’s position on timing. Legislative leaders have not yet commented publicly on plans to appeal.
