A Dane County judge has ruled that Wisconsin legislative committees cannot block administrative rules from taking effect by delaying their publication, reinforcing a recent Wisconsin Supreme Court decision that limited legislative oversight powers over agency rules.

The case stems from the Wisconsin Supreme Court’s ruling in Evers v. Marklein, which found that legislative committees cannot indefinitely suspend administrative rules without passing legislation through the full Legislature and presenting it to the governor.

After that ruling, disputes continued over whether committees could still prevent rules from taking effect by withholding publication through the Legislative Reference Bureau. Judge Nia Trammell ruled they could not, saying administrative rules that complete the legal rulemaking process and receive gubernatorial approval must be published.

The decision strengthens the governor’s authority over the administrative rulemaking process and further limits the ability of legislative committees to block agency regulations outside the normal legislative process.