Wisconsin Supreme Court to Consider Legislative Review Over Administrative Rule-Making

Last week, the Wisconsin Supreme Court issued an unsigned order agreeing to take up another issue in a lawsuit filed by Democratic Governor Tony Evers in October 2023. Earlier this year, the court divided the case into three separate issues, all centered around the scope of the legislature’s authority. The recent order focuses on whether the Joint Committee for the Review of Administrative Rules (JCRAR) can indefinitely block administrative rules. Evers’ lawsuit argues that this “legislative veto” undermines the separation of powers and violates constitutional requirements for lawmaking. In July, the court ruled 6-1 that the oversight power exercised by a legislative committee over decisions made by a state agency—regarding already-appropriated funds in the Knowles-Nelson stewardship program—violated the separation of powers established by the Wisconsin Constitution.