A lawsuit was filed on Thursday to void actions made during an “extraordinary session” of the Wisconsin legislature that diminish the power of the incoming Democratic Governor.
In December the legislature passed laws that would take away the ability of the governor to withdraw from lawsuits without legislative approval. This prevents incoming Governor Tony Evers from fulfilling a campaign promise to withdraw from a suit against federal healthcare laws. He is also being prevented from rescinding federal medicare waivers approved under the previous Governor.
Additionally, “the Senate confirmed en masse 82 gubernatorial nominees to various State authorities, boards, councils, and commissions” along party lines.
The suit was brought by the League of Women Voters, Disability Rights Wisconsin, Black Leaders Organizing for Communities and three Wisconsin voters. They allege that the “extraordinary session” of the legislature violated the Wisconsin Constitution and due to that all of their actions are void.
The plaintiffs assert that some of these new laws limit voting opportunities for all people in Wisconsin by disadvantaging disabled voters and making it harder to obtain identification to vote.
Article IV of the Wisconsin Constitution only allows the legislature to meet if it is “provided by law” or “convened by the governor in a special session.” The complaint alleges that any business conducted during the “extraordinary session” is void due to it not falling in either of the two categories.
These sessions are common in Wisconsin but this is the first time it has been used to restrict the power of the incoming Governor and Attorney General.