Separation of Powers and Rulemaking Dispute Continues

A July 8 Wisconsin Supreme Court ruling reshaped the balance of power between the governor and the Legislature over administrative rulemaking. In a 4–3 decision, the Court struck down the Joint Committee for Review of Administrative Rules’ (JCRAR) authority to block or suspend rules, calling it an unconstitutional legislative veto. Going forward, lawmakers can only stop a rule through legislation passed by both chambers and signed by the governor.

Following the decision, Governor Tony Evers directed agencies to submit rules for publication without waiting for legislative committee review. The Legislative Reference Bureau reported receiving 27 rules, including 13 that had not yet been reviewed. In response, the Joint Committee on Legislative Organization voted along party lines to instruct the bureau not to publish rules that had not completed committee review, citing statutory provisions not addressed in the Court’s ruling. The outcome of this is still pending.

The ruling has also influenced other areas of state government. This month, the Evers administration implemented state and University of Wisconsin employee pay raises without first submitting the plan to the Joint Committee on Employment Relations, a process governors had followed for decades. The administration argued that because the Legislature approved funding for the raises in the 2025–27 budget, no further action was required. Employees will receive a 3 percent base raise retroactive to June 29, with another 2 percent increase scheduled for June 28, 2026.