January 16, 2025, the Wisconsin Supreme Court held oral arguments on a case contesting the Joint Committee for Review Administrative Rules’ power over the administrative rule promulgation process.
Under Wisconsin law, JCRAR has the power to halt rules from taking effect by indefinitely objecting to a rule. If JCRAR indefinitely objects to a rule, the rule cannot take effect unless subsequent legislation is signed into law expressly authorizing the agency in question to complete the rule promulgation process.
Gov. Evers has challenged JCRAR’s oversight powers, arguing they constitute a “legislative veto” improperly intruding upon the executive’s authority to promulgate administrative rules. A win for Gov. Evers would fundamentally reshape the administrative rule promulgation process in Wisconsin and the balance of power between the executive and legislative branches of state government.