Wisconsin Legislature Asserts Rulemaking Authority Amid Evers Administration Challenging Court Ruling

Strategic Insights -

Governor Tony Evers' administration has come under fire from Republican lawmakers in Wisconsin after submitting 27 administrative rules for publication without Legislative Review. The Joint Committee on Legislative Organization (https://legis.wisconsin.gov/lc/media/o1jdynfq/aug21_ballot_results.pdf) voted 6-4 to direct the Legislative Reference Bureau not to publish any rule that hasn't undergone review by the Legislature in accordance with Wisconsin law. The move follows a recent Supreme Court ruling that deemed certain laws granting the Joint Committee broad powers to block administrative rules as unconstitutional.

Key Takeaways:

  • The Joint Committee on Legislative Organization voted 6-4 to assert rulemaking authority, with Republicans supporting and Democrats opposing the motion.
  • The move comes in response to Governor Tony Evers' administration submitting 27 administrative rules for publication without Legislative Review, including a rule on gray wolf management.
  • 13 of the submitted rules have not been reviewed by a standing legislative committee and are yet to be published.
  • The decision is the latest step in testing the bounds of the recent Evers v. Marklein II ruling by the Wisconsin Supreme Court, which found certain laws granting the Joint Committee broad powers to block administrative rules as unconstitutional.
  • Republicans argue that the Evers administration is flagrantly disregarding the rule of law and abusing its power, while Democrats claim that Republicans are defying the law.
  • The measure was proposed by Assembly Speaker Robin Vos (R-Rochester) and Senate President Mary Felzkowski (R-Irma) in a joint statement, stating that the governor is "flagrantly disregarding the rule of law and egregiously abusing the power of his office."

Statistics:

  • 27 administrative rules were submitted to the Legislative Reference Bureau for publication without Legislative Review.
  • 13 of the submitted rules have not been reviewed by a standing legislative committee and are yet to be published.
  • The Joint Committee on Legislative Organization voted 6-4 to assert rulemaking authority.
  • 6 Republicans on the committee voted in support of the motion, including Vos, Felzkowski, Senate Majority Leader Devin LeMahieu (R-Oostburg), Sen. Dan Feyen (R-Fond du Lac), Rep. Tyler August (R-Walworth), and Rep. Scott Krug (R-Rome).
  • 4 Democrats on the committee voted against the motion, including Assembly Minority Leader Greta Neubauer (D-Racine) and Senate Minority Leader Dianne Hesselbein (D-Middleton).

Sources:

  • Evers v. Marklein II ruling by the Wisconsin Supreme Court: (https://wisconsinexaminer.com/2025/07/08/state-supreme-court-curtails-legislature-committees-right-to-stop-regulations/)
  • Joint Committee on Legislative Organization (https://legis.wisconsin.gov/lc/media/o1jdynfq/aug21_ballot_results.pdf)
  • Wisconsin Examiner article: "Fight over rulemaking power escalates after Evers bypasses legislature" (https://wisconsinexaminer.com/2025/08/21/fight-over-rulemaking-power-escalates-after-evers-bypasses-legislature/)