Wisconsin Supreme Court will hear Gov. Tony Evers' challenge against GOP Legislature

MADISON — The state Supreme Court on Friday agreed to hear a challenge from Democratic Gov. Tony Evers over Republican lawmakers' efforts to block conservation projects, once again highlighting the court's ideological divisions after flipping to a liberal majority six months ago.

Evers sued GOP lawmakers in October over decisions to withhold pay raises for University of Wisconsin System employees and to block conservation projects, arguing such actions made by legislative committees rather than the full Legislature violate the state Constitution's separation of powers requirements.

He asked the state Supreme Court to take up the legal challenge directly, bypassing lower courts, "due to its significant statewide importance as well as the 'exigent harms' caused by Republicans’ unconstitutional obstruction," according to the governor's office.

Evers' petition asked the state Supreme Court to invalidate state laws that empower legislative committees to effectively veto measures passed in state laws or budget plans.

The court's liberal majority ruled, 4-3, to immediately consider the complaint over conservation projects. It did not directly address the other issues raised in the lawsuit.

In a dissent joined by Chief Justice Annette Ziegler, Justice Rebecca Bradley wrote that the court's liberal majority is "needlessly engulfing this court in the morass of politics."

"By accepting only one of the issues raised by the Governor and holding the other two issues in abeyance, the majority refashions this court as the Governor's avenue for imposing policy changes without the consent of the governed," Bradley wrote. "When the majority's political allies say jump, the new majority responds: 'How high?'"

Allowing the case to bypass the lower courts "sets this court on a perilous path to resolve interbranch disputes whenever the Governor complains the Legislature is hindering his policy agenda," she wrote.

In a separate dissent also joined by Ziegler, Justice Brian Hagedorn noted that the court's decision would "affect matters of statewide importance," making the issue potentially appropriate for its review.

"In this case, however, no emergency beckons, nor is there a pressing need to short-circuit the normal litigation process," Hagedorn wrote.

Hagedorn argued the state's high court would benefit from the case working its way through lower branches, where it could be narrowed and refined.

"We must remember that we are designed to be the court of last resort, not the court of first resort. Rather, even when the issues are ones we will likely consider in the end, the law is almost always better served by subjecting claims to the crucible of the multi-tiered adversarial process," Hagedorn wrote.

In a footnote, Hagedorn noted that it's unusual for justices to publicly dissent from an order granting a petition to hear a case, but said he wrote "not to comment on the merits of this petition, but to continue my call for a more modest and restrained judiciary."

If the governor succeds, the Legislature would be prevented from outright blocking projects proposed under the Knowles-Nelson Stewardship land conservation program.

Over the last several years, Republican members of the powerful Joint Finance Committee have blocked a number of popular projects without holding public meetings to inform applicants why funding was denied. Members of the committee are permitted to anonymously object to a project, without any requirements for public disclosure.

Some of the projects rejected in recent years include the Cedar Gorge Clay Bluffs outside Port Washington, on the shores of Lake Michigan. The project was ultimately funded Evers, using $2.3 million of federal COVID money, eliminating the need for stewardship money.

The committee also objected to the purchase of conservation easements on tens of thousands of acres in northern Wisconsin that would have ensured public access to the Pelican River Forest in perpetuity. The Department of Natural Resources sought about $15.5 million for the purchase. The project was objected to last year due to concerns by some local municipalities, but despite ongoing negotiations, the finance committee refused to take up the project during an open meeting.

In his State of the State address last month, Evers announced the purchase of more than 50,000 acres of conservation easements for the Pelican River Forest project, leveraging a new grant that allowed him to bypass legislative Republicans who blocked a different funding source.

Most recently, the committee voted along party lines Thursday to deny $1.02 million for a boat launch at Kreher Park, located within the former Ashland/Northern States Power Lakefront Superfund site.

The lawsuit argues the committees' veto actions "evade the constitutional lawmaking procedures of bicameralism — passage of a bill through both houses — and presentment to the Governor for signature or veto."

A ruling in Evers' favor could have far-reaching impact, upending rules that have governed legislative committees for decades in some cases.

Oral arguments are scheduled for April 17.

Jessie Opoien can be reached at jessie.opoien@jrn.com.

Laura Schulte and Molly Beck of the Milwaukee Journal Sentinel contributed to this report.

This article originally appeared on Milwaukee Journal Sentinel: Court will hear Gov. Tony Evers' challenge against GOP Legislature