MADISON, Wis. (AP) — The conservative-controlled Wisconsin Supreme Court on Thursday upheld Republican-authored lame-duck laws that stripped power from the incoming Democratic attorney general just before he took office in 2019.
The court rejected arguments that the laws were unconstitutional, handing another win to Republicans who have scored multiple high-profile victories before the conservative court in recent years.
The ruling marks the second time that the court has upheld the lame-duck laws passed in December 2018, just weeks before Gov. Tony Evers and Attorney General Josh Kaul, both Democrats, took office. The actions in Wisconsin mirrored Republican moves after losing control of the governor’s offices in Michigan in November 2018 and in North Carolina in 2016. Democrats decried the tactics as brazen attempts to hold onto power after losing elections.
The Wisconsin laws curtailed powers of both the governor and attorney general, but the case ruled on Thursday dealt primarily with powers taken away from Kaul. The Supreme Court previously rejected a lawsuit that challenged the legality of the lame duck session itself.
Thursday’s ruling involved a case filed by a coalition of labor unions led by the State Employees International Union. The coalition argued that the laws give the Legislature power over the attorney general’s office, a violation of the separation of powers doctrine in the state constitution. The doctrine grants each branch of government core powers: the Legislature writes laws, the executive branch enforces them and the judicial branch interprets them.
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