Name: The State of Politics: Court Rulings Against Evers Sow Confusion
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The State of Politics: Court Rulings Against Evers Sow Confusion

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The State of PoliticsSupreme Court overrules vetoes and health orders with vague language offering no guidance.//end headline wrapper ?&gt;Get a daily rundown of the top stories on Urban MilwaukeeWisconsin Supreme Court. Photo by Dave Reid.In 1964, U.S. Supreme Court Justice used this phrase to describe how he knew something should be ruled as obscene: “I know it when I see it.”Potter’s vague definition could become the unofficial motto, if it keeps ruling against Gov. . The Supreme Court’s conservative majority has ruled against the Democratic governor three times in eight weeks.Consider the court’s July 10 finding that three Evers partial vetoes of the 2019-21 state budget, passed by Republicans, were illegal.Why were they illegal? In essence, “we know illegal vetoes when we see them.”Writing for the court, Chief Justice noted: “No rationale has the support of a majority. However, a majority has reached a conclusion with respect to the constitutionality of each series of vetoes.“Five justices conclude that the vetoes to the school bus modernization fund are unconstitutional. The same five also conclude that the vetoes to the local roads improvement fund are unconstitutional. Four justices conclude that the vetoes to the vapor products tax are unconstitutional. Five justices conclude that the vetoes to the vehicle fee schedule are constitutional.”Dissenting, Justice noted that the five- and four-justice majorities offered no guidance on governors’ powers to partially veto spending bills passed by the Legislature.In 1930, voters gave governors partial veto authority over spending bills. But, after former Governors and used partial vetoes to creatively delete letters, figures, words and sentences, and then stitch what was left to create pet programs, voters twice limited those partial-veto powers through state referendums.In its July 10 ruling, the court could have clarified what governors can and cannot do with partial vetoes. Instead, Walsh Bradley noted, “In an important case like this … we instead sow confusion.She added: ”Evidence of the lack of clarity is highlighted by the very fact that this case has generated four separate [opinions] with various rationales. And not one of them has garnered a majority vote of this court. Thus, we are left with no clear controlling rationale or test for the future.”One phrase from Roggensack’s decision — “I break no new ground with this decision” — seemed to agree with Walsh Bradley.Evers and his chief lawyer, , have said the court offered no guidance on another critical question – what exactly are the emergency powers of a governor? – when it struck down the Safer at Home order of Health Services Secretary on May 13.To fight the spread of the lethal COVID-19 virus, Evers had Palm issue an order requiring residents to stay home, close businesses and limit the size of gatherings. But a lawsuit challenging Palm’s order was filed by Republican legislative leadersA Supreme Court majority ruled that Palm could not issue that order without complying with the lengthy rule-making process, which includes giving the public and Republicans who control the Legislature a chance to object. But, the court specifically added, “This case is not about Gov. Tony Evers’ Emergency Order or the powers of the Governor.”Translation: “We know a cabinet secretary acting illegally when we see it.”For his part, Evers has refused to defy the Supreme Court’s May 13 order, saying he has no confidence that any new order would survive another legal challenge by Republicans.In his official statement on the Supreme Court ruling, Evers said: “Republican legislators have convinced four justices to throw our state into chaos.”Thompson, the Republican governor from 1987 until 2001, would have not been intimidated. Thompson’s governing theory was, “Be bold. It’s easier to ask for forgiveness than permission. Don’t apologize unless you’re caught.”Thompson would have first tried to negotiate an emergency order with legislators, avoiding a lawsuit. If there was no deal, Thompson would have issued daily COVID-19&nbsp; emergency orders, sending this public message: “I’m doing all I can to protect public health and safety. If you legislators want to stop me — risking the lives of your family members, neighbors and constituents — I’ll see you in court!”In its third recent ruling against Evers, the court upheld Republicans’ December 2018&nbsp;“lame duck” laws that limited the powers of the incoming Democratic governor and Democratic Atty. Gen. . Those laws rebalanced power between the executive and legislative branches of state government, the court decided.is a senior producer with the nonprofit public affairs channel WisconsinEye. Contact him atIf you think stories like this are important, become a member of Urban Milwaukee and help support real, independent journalism. Plus you get some cool added benefits, all detailed .Read more aboutRead more about: ,You must be an Urban Milwaukee member to leave a comment. Membership, which includes a host of perks, including an ad-free website, tickets to marquee events like Summerfest, the Wisconsin State Fair and the Florentine Opera, a better photo browser and access to members-only, behind-the-scenes tours, . ..If you are an existing member, to leave a comment.Have questions? Need to report an error?755 N. Milwaukee St.Milwaukee, WI 53202414-395-0632© 2022, Urban Milwaukee, Inc. All rights reserved.This ad will close automatically in 15 seconds.Tired of seeing banner ads on Urban Milwaukee? .

The State of PoliticsSupreme Court overrules vetoes and health orders with vague language offering no guidance.//end headline wrapper ?&gt;Get a daily rundown of the top stories on Urban MilwaukeeWisconsin Supreme Court. Photo by Dave Reid.In 1964, U.S. Supreme Court Justice used this phrase to describe how he knew something should be ruled as obscene: “I know it when I see it.”Potter’s vague definition could become the unofficial motto, if it keeps ruling against Gov. . The Supreme Court’s conservative majority has ruled against the Democratic governor three times in eight weeks.Consider...

The State of Politics: Court Rulings Against Evers Sow Confusion

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