Gov. Tony Evers has filed a lawsuit against the Republican-controlled Legislature, asking a court to enforce recent Wisconsin Supreme Court rulings on administrative rulemaking.

On July 8, the Court, in a 4–3 decision, struck down key legislative powers over rulemaking. Previously, the Joint Committee for Review of Administrative Rules (JCRAR) could block, suspend, or permanently stop rules without full legislative action. The Court agreed with Evers’ argument that this amounted to an unconstitutional “legislative veto,” bypassing the constitutional requirements of bicameral passage and presentment. The case originated with a lawsuit Evers filed in October 2023.

Following the decision, Evers told agency leaders they no longer need to wait for committee review once he approves a rule. Legislative leaders disagreed and directed the Legislative Reference Bureau (LRB) not to publish rules until committees have had a chance to review them.

According to the governor’s office, 12 rules have been submitted to the LRB, but nine remain unpublished. The lawsuit seeks a declaration that the Legislature’s actions violate state law and the Evers II ruling, along with an order requiring the LRB to publish the pending rules.

Legislative leaders have not yet commented.