GOP 'Lame Duck' Laws Back In Effect After New Court Ruling

MADISON, WI -- Wisconsin Republicans scored a political victory Wednesday afternoon as a state appeals court judge sided with the GOP to reinstate laws passed during an extraordinary "lame duck" session of the assembly.

The Wisconsin's Third District Court of Appeals on Wednesday put a hold on a temporary injunction that was issued by Dane County Judge Richard Niess which blocked the raft of Republican-authored legislation that was passed in former Gov. Scott Walker's final days in office.

Wednesday's ruling is the latest in a legal saga over the Republican-authored legislation.

Assembly Speaker Robin Vos lauded Wednesday's decision.

“Last week’s circuit court ruling created a constitutional crisis -- established law says that the court cannot tell the Legislature how to set its rules. Extraordinary sessions have been called for decades," the Speaker wrote. “Today, the rule of law has prevailed. Independent judges have put a Dane County ruling on hold that was based on politics, not the law. A judge should not violate the Legislature’s basic ability to convene when its duly elected members call a session day.”

State Sen. Roberta Darling (R-River Hills) said Democratic Gov. Tony Evers used the intervening days to rescind the appointments of 82 people from various state boards and committees.

"Now crucial boards and councils are left in chaos because of Governor Evers' rash political decision. Boards that protect consumers, victims of domestic violence, and seniors are left without guidance. The governor continues to break his promise of bipartisanship," she wrote.

Wisconsin Patch is checking to see whether Wednesday's ruling means each of these 82 appointments are back in effect.

What Are The Laws?

Republicans passed the legislation in December after Democrat Tony Evers defeated Republican Gov. Scott Walker in the Fall 2018 general election.

The laws were designed to weaken Evers and Democratic Attorney General Joshua Kaul's constitutional powers, effectively securing power in the GOP's hands

The laws effectively prevent Evers from backing out of lawsuits without legislative approval, such as Wisconsin's participation in a multi-state lawsuit opposing the Affordable Care Act.

'Lame Duck' Laws Blocked

According to a WISN-TV report, days after hearing oral arguments from both sides, Dane County Circuit Judge Richard Niess issued the injunction, refusing the Republican-controlled State Legislature's request to delay the order.

According to a Wisconsin Public Radio report, a legal challenge to the lame-duck legislation was brought by the League of Women Voters of Wisconsin, Disability Rights Wisconsin Inc. and Black Leaders Organizing for Communities. They contended that the lame-duck session was unlawful "because legislators met in "extraordinary session," which isn't explicitly allowed under the state constitution."

Representative LaKeshia Myers (D-Milwaukee) praised the Dane County judge's injunction. She made the following statement regarding Judge Niess' ruling involving the extraordinary session:

Judge Niess' ruling today upholds what the Wisconsin electorate expects, which is equity in government. Today's ruling is a win for the people of Wisconsin; it reaffirms that one party cannot act as a dictatorship over the other. We must act in earnest, with a spirit of compromise and that compromise begins with republican members acceptance that the people of Wisconsin elected Tony Evers governor.