The Wisconsin Supreme Court has delivered a unanimous decision favoring the Republican-led legislature in a long-standing conflict with Democratic Governor Tony Evers regarding the extent of his veto authority.
This decision nullifies Governor Evers’ partial veto of a Republican-supported bill, a case that scrutinized the boundaries of his veto rights and the legislature’s control over financial allocations.
Additionally, the court affirmed the legislature’s right to allocate funds for specific state programs into an emergency reserve under the budget committee’s jurisdiction, counter to Evers’ claims of unconstitutionality.
The verdict is expected to prompt the legislature to strategically draft budgets and spending bills to circumvent Evers’ partial vetoes, thereby amplifying their influence over state expenditures.
Previously, the court had endorsed Evers’ partial veto that ensured a 400-year increase in school funding, while last year it curtailed some legislative budget committee powers. This recent ruling, however, represents a shift in favor of legislative control.
Governor Evers and Legislative Tensions
Governor Evers, now in his seventh year of office, has consistently been at odds with the legislature, frequently employing his veto powers to block their initiatives. Republican lawmakers have countered by placing funds for certain programs into an emergency reserve governed by the budget committee, thereby exerting significant influence over the funding and execution of those programs.
Evers contended that these actions by the legislature were attempts to restrict his partial veto power and unlawfully dictate executive branch expenditures.
In its ruling, the Supreme Court sided with the legislature, asserting Evers improperly applied his partial veto on a budget-related bill concerning new literacy initiatives aimed at enhancing K-12 reading skills. Furthermore, the court validated the budget committee’s legal authority to manage the $50 million earmarked for these literacy programs within an emergency fund.
Dispute Over Literacy Program Funding
In 2023, Evers approved legislation establishing an early literacy coaching initiative within the Department of Public Instruction, also introducing grants for schools implementing approved reading curricula to aid in program transitions and teacher training.
However, Republicans allocated the $50 million funding for this initiative into a discretionary emergency reserve under legislative control.
Evers argued that this withholding of funds was beyond the legislature’s authority and sought a court mandate for its release to the education department.
The Supreme Court declined to mandate the release, stating that the funds were appropriated to the legislature, and it lacked the power to compel their release to the education department for the literacy initiative.
Governor Evers has urged the budget committee to release the funds, while Republican committee co-chairs expressed readiness to do so, criticizing the governor’s veto for the delays. Unless action is taken by Monday, the $50 million will be redirected to the state’s general fund.
The legislature has increased the allocation to the emergency fund, currently representing a minor fraction of the overall state budget, with the last budget containing approximately $230 million, equating to about 0.5% of the total budget.
Republican Challenge to Veto Authority
Governor Evers applied his partial veto power to another bill proposing the framework for the $50 million literacy program expenditure, arguing for a simplified process and greater flexibility for the Department of Public Instruction. He also removed grants for private voucher and charter schools.
Republican lawmakers filed a lawsuit claiming Evers’ partial veto was unlawful.
Under state law, the governor is permitted to partially veto only appropriation bills, requiring full approval or rejection of all other bills.
The Supreme Court concurred with the Republicans, ruling Evers’ partial veto on the non-appropriation bill unconstitutional.
Justice Rebecca Bradley stated, “The constitution gives the governor authority to veto in part only appropriation bills — not bills that are closely related to appropriation bills.”
Republican leaders described the ruling as a reprimand for Evers, with Assembly Speaker Robin Vos and Senate Majority Leader Devin LeMahieu declaring, “While the Governor wanted to play politics with money earmarked for kids’ reading programs, it is encouraging to see the Court put an end to this game.”
