Evers, Democratic Legislators Praise Court Ruling on Regulations
'For years, a small group of Republican lawmakers overstepped their power.'
Wisconsin Supreme Court. Photo by Mariiana Tzotcheva.
Gov. Tony Evers along with advocates for the environment and for LGBTQ people as well as Democratic Party lawmakers hailed Tuesday’s state Supreme Court ruling that strips a Wisconsin legislative committee’s power to block state regulations.
Republican leaders in the Legislature — who’ve deployed that power successfully against the Evers administration for the last six years — condemned the Court’s action as consolidating power in the executive branch.
Tuesday’s ruling, written by Chief Justice Jill Karofsky for the Court’s four-member liberal majority, found that state laws giving the Joint Committee for the Review of Administrative Rules (JCRAR) the power to block state regulations were unconstitutional.
The ruling said that in doing so, the committee was rewriting state laws that affected the rights and duties authorized for executive branch officials.
JCRAR has repeatedly thwarted Evers administration rules since the governor first took office in 2019. Tuesday’s ruling was the result of a lawsuit Evers filed in 2023 challenging the committee’s actions in suspending a rule that bans conversion therapy and indefinitely blocking an update to the state building code.
“The people of Wisconsin expect state government to work — and work better — for them,” Evers said in a statement Tuesday applauding the ruling.
“For years, a small group of Republican lawmakers overstepped their power, holding rules hostage without explanation or action and causing gridlock across state government,” Evers said.
“Today’s Wisconsin Supreme Court decision ensures that no small group of lawmakers has the sole power to stymie the work of state government and go unchecked,” the governor said. “This is an incredibly important decision that will ensure state government can do our important work efficiently and effectively to serve Wisconsinites across our state.”
Conversion therapy ban maintained
The ruling ensured that a rule will continue barring therapists treating LGBTQ people from using conversion therapy to try to change sexual orientation or gender identity.
JCRAR suspended the rule in early 2023 after it was last promulgated. The professional board that had enacted the rule reinstated it in April 2024 after the Legislature concluded its 2023-24 session. Tuesday’s ruling will prevent JCRAR from blocking the rule again.
“The continuous suspensions of the rule represented legislative overreach in the rule-making process and threatened the ability of professions in Wisconsin to create their standards,” said the National Association of Social Workers Wisconsin Chapter (NASW-Wisconsin) in a statement welcoming the Court’s ruling.
The association has sought the conversion therapy ban since 2018.
“After seven and a half years of trying to ban the harmful, discredited and unethical practice of conversion therapy and having the rule repeatedly blocked by the Joint Committee on the Review of Administrative Rules, I am thrilled by this ruling,” said Marc Herstand, the social worker association’s executive director. “Professions have the right to establish their own conduct code, and no social worker should ever engage in the practice of conversion therapy.”
Republicans attack ruling
Sen. Steve Nass (R-Whitewater), chair of the committee, criticized the Court’s ruling.
“Today the liberal majority of the Wisconsin Supreme Court ended nearly 7 decades of shared governance between the legislature and executive branch agencies aimed at protecting the rights of individuals, families and businesses from the excessive actions of bureaucrats,” Nass said in a statement.
“The liberal junta on the state supreme court has in essence given Evers the powers of a King,” he said.
Nass also attacked Republican Assembly Speaker Robin Vos, charging that in the budget that lawmakers passed on the evening of July 2 and Evers signed shortly after midnight, Vos “gave away the power-of-the-purse-string for the next two years, so our options of defunding bureaucrats are now off the table.”
Vos also released a statement attacking the ruling.
“For decades, case law has upheld the constitutionality of the legislative rules committee to serve as a legitimate check on the powers of the Governor and the overreach of the bureaucracy,” Vos said. “The absence of oversight from elected representatives grows government and allows unelected bureaucrats to increase red-tape behind closed doors.”
Praise for the decision
Democrats, LGBTQ allies and environmental advocates said it was JCRAR’s practices, often shrouded in secrecy — not the rule-making process — that interfered with democracy.
“Today’s court decision is a victory for Wisconsinites, who deserve the freedom to have a government responsive to everyday people, not special interests and right-wing extremists,” said Sen. Kelda Roys (D-Madison). “This decision sends a clear message: We are working toward making Wisconsin a place where everyone can build a better life.”
Abigail Swetz, executive director of the LGBTQ+ advocacy group Fair Wisconsin, called the outcome “a powerful step in the right direction towards ending the harmful practice of conversion therapy,” and credited the advocacy of NASW-Wisconsin and other community members and partner groups.
Swetz also urged lawmakers and the governor to take “an even more powerful step” by passing SB 324, legislation banning conversion therapy in all licensed professions.
In a joint statement the Legislature’s LGBTQ+ caucus called the ruling “a victory against the abusive and discredited practice of ‘conversion therapy’ and a victory for LGBTQ+ people who want to live as their authentic selves.”
Environmental impact
Environmental rules were not at the heart of the Court’s ruling Tuesday, but environmental groups said the outcome would strengthen efforts to enact stronger environmental protections.
“The bottom line is that good environmental rules now face a much easier path to getting to the finish line and becoming law—which is good for the environment and public health,” said Evan Feinauer, an attorney for Clean Wisconsin, in a statement the organization issued.
Clean Wisconsin said JCRAR has blocked regulations on PFAS contamination, nitrates, surface water pollution and remediating contaminated lands.
“Far too often in recent years JCRAR’s ability to object to any proposed rule, for almost any reason, or no stated reason at all, prevented agencies like DNR from doing their jobs,” Feinauer said. “That political gridlock prevented our government from being responsive to environmental and public health challenges.”
In a statement from Midwest Environmental Advocates, executive director Tony Wilkins Gibart said that through JCRAR’s control of the rulemaking process, “small groups of legislators have been able to block the implementation of popular environmental protections passed by the full legislature and signed by the governor.”
MEA filed a friend-of-the-court brief on behalf of Wisconsin Conservation Voters and Save Our Water, a group of residents affected by PFAS contamination in and around Marinette and Peshtigo.
When JCRAR blocked a rule in December 2020 that regulated firefighting foam containing PFAS, it perpetuated the discharge of PFAS-contaminated wastewater in the Marinette wastewater treatment plant, MEA said Tuesday.
“Committee vetoes were anti-democratic because they allowed a handful of legislators to make decisions that affect the entire state,” said Jennifer Giegerich, government affairs director of Wisconsin Conservation Voters, said in the MEA statement. “We’re pleased this ruling restores constitutional balance and strengthens accountability for environmental decisions that impact all Wisconsinites.”
Evers, lawmakers, advocates praise Court’s ruling on regulations was originally published by the Wisconsin Examiner.
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