In a unanimous 7-0 decision, the Wisconsin Supreme Court ruled that the Legislature cannot control or oversee civil litigation decisions made by the Department of Justice (DOJ). The authority to manage and resolve litigation, the Court found, rests solely with the executive branch—not with legislative bodies like the Joint Finance Committee (JFC).
The decision strikes down a key provision of the 2018 lame-duck laws, which Republicans passed to limit executive power following the election of Democratic Governor Tony Evers. It is the Court’s first direct ruling on whether the Legislature can assert control over the DOJ’s enforcement and settlement decisions.
The ruling builds upon a 2020 decision that upheld parts of the lame-duck package while leaving the door open to future challenges of specific provisions. (RELATED: Supreme Court Backs Catholic Charities in Wisconsin Unemployment Tax Case)
The opinion, authored by conservative Justice Brian Hagedorn, concluded that such oversight—granted to the Legislature under a 2018 lame-duck law—violates the state Constitution.
“We hold that settling these two categories of cases is within the core powers of the executive branch, and the statutory requirement to obtain JFC’s approval prior to settling these cases violates the Wisconsin Constitution’s separation of powers,” Hagedorn wrote. (RELATED: Amid National Debate Over Foreign Nationals in Higher Ed, UW Reports Employing 500 Foreigners)
The case originated from a lawsuit brought by Democratic Attorney General Josh Kaul, who argued the law created an unconstitutional legislative veto. He asserted that the statute hindered the DOJ’s ability to resolve legal matters in a timely and effective manner—particularly in civil enforcement cases and litigation undertaken at the request of state agencies.
Republican lawmakers defended the provision as necessary, claiming that settlements can affect taxpayer funds and appropriations and therefore warranted legislative oversight. The measure was passed during a lame-duck session in 2018, shortly after former Republican Gov. Scott Walker lost his reelection.
