Arguments Begin on 2nd Lame Duck Suit
Dane County Judge Niess slapped injunction on laws. Second suit being heard by Judge Remington.
A Dane County judge on Monday heard a coalition of union groups’ case against December’s lame-duck session of the state Legislature.
The groups, which include Service Employees International Union, AFT-Wisconsin and the Wisconsin Federation of Nurses and Health Professionals, argue the limitations placed on Gov. Tony Evers during the lame-duck session give lawmakers too much power over the executive branch.
“This case is about basic rules of democracy,” said Matthew Wessler, a lawyer for the unions. “Last November, the outgoing government sought to change the rules.”
The lame-duck session rolled back Evers’ ability to authorize the state’s withdrawal from federal lawsuits, including a multi-state lawsuit challenging the Affordable Care Act. Evers campaigned on removing Wisconsin from that lawsuit.
Lame-duck laws also, among a number of other things, limit Evers’ ability to change state laws that require able-bodied, childless adults to work in order to receive public benefits like food stamps and Medicaid.
“This vast overreach is so burdensome that it is clearly a violation of the separation of powers,” said Lester Pines, a lawyer for the governor. “You couldn’t write legislation that was worse in that sense.”
Lawyers also argued Democratic Attorney General Josh Kaul’s powers were inappropriately limited during the session as well.
During court arguments, the Legislature’s lawyer, Misha Tseytlin, argued to dismiss the case entirely.
Tseytlin also argued in defense of the balance of power created by the lame-duck laws. He said the legislative and executive branches work together in numerous capacities. He pointed out the state Building Commission, for example, requires action from lawmakers and the governor to approve state construction projects.
Dane County Judge Frank Remington heard the arguments.
The hearing came just days after another Dane County judge ruled the lame-duck session was unconstitutional.
That decision has made all of the lame-duck laws unenforceable. In the meantime, Evers has ordered the withdrawal of Wisconsin from the multi-state Affordable Care Act lawsuit and rescinded 82 appointments made by former Gov. Scott Walker before he left office.
That case is pending appeal before the District III Court of Appeals in central Wisconsin. That court could put the lame-duck laws back on the books as the appeal moves forward. It is expected to issue a decision on that in the coming days.
There are four lawsuits challenging the lame-duck session. One federal lawsuit focused on restrictions on early voting passed during the session. A judge ruled in favor of plaintiffs and struck down those limitations in January. That case is pending appeal.
The second federal suit, filed by the Democratic Party of Wisconsin, argues the lame-duck laws violate the U.S. Constitution’s Guarantee Clause. That clause guarantees every state the right to a republican form of government.
Listen to the WPR report here.
Judge Hears Unions’ Challenge To Lame Duck Laws was originally published by Wisconsin Public Radio.
More about the Lame Duck Laws
- Appeals Court Sides with Evers on Appointees - Shawn Johnson - Apr 10th, 2019
- GOP Asks Court to Restore Walker Appointees - Laurel White - Apr 2nd, 2019
- Evers, GOP Fight Over Walker Appointees - Laurel White - Mar 30th, 2019
- Appeals Court Restores Some Lame Duck Laws - Laurel White - Mar 28th, 2019
- Joint Statement: Appellate Court Decision on the Extraordinary Session - Senate Majority Leader Scott Fitzgerald - Mar 27th, 2019
- Majority Leader Scott Fitzgerald Sends Letter to Appointees Impacted By Governor Evers’ Actions - Senate Majority Leader Scott Fitzgerald - Mar 27th, 2019
- Second Judge Rules Against Lame Duck Laws - Laurel White - Mar 27th, 2019
- Arguments Begin on 2nd Lame Duck Suit - Laurel White - Mar 25th, 2019
- Dane County Court’s New Level of Judicial Activism Throws Wisconsin Into Chaos - MacIver Institute - Mar 25th, 2019
- Representative LaKeshia Myers Issues a Statement Regarding the Lame Duck Court Ruling - State Rep. LaKeshia Myers - Mar 21st, 2019
- Judge Blocks Lame Duck Laws - Shawn Johnson - Mar 21st, 2019
- Gov. Evers Releases Statement on Dane County Court’s Ruling on Lame-Duck Session - Gov. Tony Evers - Mar 21st, 2019
- Evers Joins Unions on Lame Duck Suit - Shawn Johnson - Feb 25th, 2019
- Fourth Lawsuit Against Lame Duck Laws - Shawn Johnson - Feb 22nd, 2019
- DPW Files Federal Lawsuit Over Republicans’ Lame-Duck Power Grab - Democratic Party of Wisconsin - Feb 21st, 2019
- Rep. Spreitzer, Sen. Ringhand Propose Lame Duck Limits - State Rep. Mark Spreitzer - Feb 11th, 2019
- Judge Blocks Lame Duck Voting Restrictions - Laurel White - Jan 18th, 2019
- Rep. Jimmy Anderson Seeks to Void the Wisconsin Power Grab - State Rep. Jimmy Anderson - Jan 10th, 2019
- Op Ed: Lame Duck Mischief Defamed the State - Spencer Black - Jan 2nd, 2019
- Campaign Cash: Lame Duck Law Helped Ashley Furniture - Wisconsin Democracy Campaign - Dec 20th, 2018
- Op Ed: Liberals All Wrong on Early Voting Law - Rick Esenberg - Dec 20th, 2018
- Op Ed: We the Irrelevant People - Sheila Plotkin - Dec 19th, 2018
- History Repeats With Latest Post-Election Republican Attack on Early Voting - One Wisconsin Now - Dec 19th, 2018
- Kaul Calls Lame Duck Laws ‘Terrible’ - Mary Kate McCoy - Dec 19th, 2018
- Court Challenge to Voting Restrictions Filed - Laurel White - Dec 18th, 2018
- Murphy’s Law: State Facing Endless Lawsuits? - Bruce Murphy - Dec 18th, 2018
- One Wisconsin Institute Files Request for Court to Enforce Rulings Striking Down Republican Lame Duck Restrictions on Voting - One Wisconsin Institute - Dec 17th, 2018
- Motion to Block Early Voting Restrictions to be Filed Today - Citizen Action of Wisconsin - Dec 17th, 2018
- Carpenter: Require ‘Lame Duck” Bills to Supermajority Votes - State Sen. Tim Carpenter - Dec 17th, 2018
- Op Ed: Lame Duck Bills Too Rushed, Secretive - Erin Grunze - Dec 16th, 2018
- Walker Signs Lame Duck Bills - Laurel White - Dec 14th, 2018
- Rep. Zamarripa Statement on Lame Duck Bills - State Rep. JoCasta Zamarripa - Dec 14th, 2018
- One Wisconsin Institute Announces Coming Legal Action Against GOP ‘Lame Duck’ Voting Rights Attacks - One Wisconsin Institute - Dec 14th, 2018
- Governor Walker just sealed his legacy as the worst Governor in state history - State Sen. Chris Larson - Dec 14th, 2018
- Governor Walker Signs Extraordinary Session Legislation into Law in Green Bay - Gov. Scott Walker - Dec 14th, 2018
- Governor-elect Tony Evers Statement on Kimberly-Clark Announcement - Gov. Tony Evers - Dec 13th, 2018
- Walker Defends Lame Duck Bills - Laurel White - Dec 12th, 2018
- Murphy’s Law: Republicans’ Plan for Permanent Power - Bruce Murphy - Dec 11th, 2018
- Lame Duck Law Adds Work For State Agencies - Rich Kremer - Dec 11th, 2018
- Lawmakers Change How WEDC Tracks Jobs - Laurel White - Dec 10th, 2018
- Op Ed: Republican Power Grab Unprecedented - State Sen. Chris Larson - Dec 10th, 2018
- The State of Politics: 5 Reasons for Republican Power Play - Steven Walters - Dec 10th, 2018
- Campaign Cash: WMC Behind New Anti-Regulation Bill - Wisconsin Democracy Campaign - Dec 7th, 2018
- Wisconsin Budget: One More Tax Cut For The Wealthy - Tamarine Cornelius - Dec 7th, 2018
- City Beat: Episode 002 - Jeramey Jannene - Dec 6th, 2018
- Lame-Duck Bill Changes Highway Funding - Rich Kremer - Dec 6th, 2018
- Murphy’s Law: What Will Scott Walker’s Legacy Be? - Bruce Murphy - Dec 6th, 2018
- Governor Walker: What Will Your Message To Gov.-Elect Evers Be? - State Sen. Tim Carpenter - Dec 6th, 2018
- WI & MI GOP Attempt to Undermine the Voice of Voters, Put Democracy and Safety at Risk - Democratic Attorneys General Association - Dec 6th, 2018
- Your Right to Know: Lame Duck Laws All About Secrecy - Dee J. Hall - Dec 5th, 2018
- Data Wonk: The Republican War Against Democracy - Bruce Thompson - Dec 5th, 2018
- Extraordinary Session Update: Legislature Approves Critical Reforms - Wisconsin Institute for Law & Liberty - Dec 5th, 2018
- Rep. Gwen Moore Statement on Republican Power Grab - U.S. Rep. Gwen Moore - Dec 5th, 2018
- Statement on Lame Duck Session - State Rep. Evan Goyke - Dec 5th, 2018
- Legislature Works Overnight To Curb Evers Power - Shawn Johnson and Laurel White - Dec 5th, 2018
- Governor-elect Tony Evers Statement on Extraordinary Session - Gov. Tony Evers - Dec 5th, 2018
- Republican’s Holiday Gift to Wisconsin: An Assault on Democracy - State Sen. Janis Ringhand - Dec 5th, 2018
- Unprecedented Power Grab Will Break Wisconsin for Years to Come - State Sen. Chris Larson - Dec 5th, 2018
- Senator Taylor Believes GOP Are Taking Career Ending Votes - State Sen. Lena Taylor - Dec 4th, 2018
- Bill Curbing Evers’ Power Moves to Legislature - Shawn Johnson and Laurel White - Dec 4th, 2018
- Extraordinary Session Policy Items Flying Under the Radar - Wisconsin Institute for Law & Liberty - Dec 4th, 2018
- Will Republican Legislature Risk Contempt With Scheme to Enact New Limits on Early Voting? - One Wisconsin Now - Dec 4th, 2018
- Representative Lisa Subeck Statement on the Extraordinary Session - State Rep. Lisa Subeck - Dec 4th, 2018
- Power Tends to Corrupt, Absolute Power Corrupts Absolutely - State Rep. Jimmy Anderson - Dec 4th, 2018
- Governor-elect Tony Evers’ Testimony to the Joint Committee on Finance Opposing Extraordinary Session Legislation - Gov. Tony Evers - Dec 3rd, 2018
- Eight Days After November Election Republican Assembly Leader Robin Vos Requested New Restrictions on Early Voting - One Wisconsin Now - Dec 3rd, 2018
- Op Ed: GOP Bills Change 400 Sections of State Law - State Sen. Kathleen Vinehout - Dec 3rd, 2018
- Rep. Brostoff Statement on Republican Effort to Override Will of Wisconsin Voters - State Rep. Jonathan Brostoff - Dec 3rd, 2018
- Conservation Voters issue statement on lame duck bills - Wisconsin League of Conservation Voters - Dec 3rd, 2018
- Evers Will Fight Plan to Limit His Power - Corri Hess - Dec 3rd, 2018
- GOP Lame Duck Session Targets Evers - Laurel White - Dec 3rd, 2018
- ACLU of Wisconsin’s Board of Directors condemns lame duck session - American Civil Liberties Union of Wisconsin - Dec 3rd, 2018
- Stop the Wisconsin GOP power grab - Indivisible Madison - Dec 3rd, 2018
- Election defeat leads to GOP temper tantrum - State Sen. Jennifer Shilling - Nov 30th, 2018
- Vos Republicans: ‘Too Many People Voted’ - One Wisconsin Now - Nov 30th, 2018