"The Legislature can deprive the attorney general of the entirety of his authority and consign him to twiddling his thumbs all day long," Kelly said. Justice Daniel Kelly, part of the court’s 5-2 conservative majority, pointed out the state constitution gives the Legislature power to dictate the attorney general’s duties, but questioned who could assume those powers if they're taken away. That’s not a seat at the table … that’s you are the one making that decision." "So the buck would stop with the Legislature. "You can grind to a complete halt any kind of litigation the attorney general is conducting," said Justice Rebecca Dallet, one of the court’s liberals, to the lawyer representing GOP lawmakers. Arguments Over Role Of Attorney GeneralĪ large portion of the arguments were dedicated to a discussion of the Legislature’s new power to approve legal settlements involving the state.ĭuring those arguments, both conservative and liberal justices seemed to question the law. Justices on the state’s highest court dedicated two hours to arguments - twice the amount of time normally allotted for such proceedings. That has led to a months-long standoff between Kaul and GOP lawmakers, affecting more than 15 cases, some of which could bring millions of dollars into state coffers. The lame-duck laws also require the attorney general to seek approval before settling any lawsuits involving the state. Those new limits include putting in place legislative approvals for things previously overseen exclusively by the governor, such as leaving federal lawsuits or seeking federal waivers for state laws. Tony Evers and Attorney General Josh Kaul, both Democrats, were elected. The lame-duck session included several measures approved by the GOP-controlled Legislature aimed at curtailing the powers of the governor and attorney general. The case, brought by the Service Employees International Union (SEIU), argues the laws passed in the overnight session violate the state constitution's separation of powers guarantee by infringing on the executive branch's authority. The Wisconsin Supreme Court heard arguments Monday in the last remaining state-based legal challenge to December’s lame-duck session of the state Legislature.
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