Dane County Circuit Court Judge Frank Remington granted an injunction on Tuesday blocking specific language that requires Wisconsin Attorney General Josh Kaul to obtain legislative approval before settling cases. 

The ruling marks the second legal blockade to a set of laws passed by GOP lawmakers in a lame-duck session late last year that curtail powers of both the State’s Governor, Tony Evers, and Attorney General Kaul.

In likening the State’s Constitution to a keel on a great ship, Remington stated that “in December, 2018 the Legislature and then Governor Scott Walker upended the balance that [Wisconsin] has had for most all of its 171 years.” The judge went on to state “the time has come to right this ship of-state so Wisconsin can resume smooth sailing ahead.”

In concluding his 49-page order granting the injunction, Remington explained, “the Legislature has the power to change the responsibilities assigned to the Attorney General, but it may not castrate his/her ability to act as the lawyer for the State of Wisconsin nor can it constitutionally usurp the power of the executive branch.”

Labor Union plaintiffs in the lawsuit include Service Employees International Union (SEIU), American Federation of Teachers (AFT), Wisconsin Federation of nurses and Health Professionals and American Federation of Teachers.

The Labor Unions’ claim alleges that the GOP laws violate the Wisconsin State Constitution’s separation of powers between the legislative and executive branches. The suit seeks to prevent state officials from implementing or enforcing the challenged provisions. The claim describes the laws as a “141-page package of bills designed to strip the incoming Governor of traditional executive authority and hand the state Legislature unprecedented power over executive functions.”

The complaint further alleges that some provisions of the challenged laws prevent “the Governor from ending any civil action commenced by the Department of Justice without the approval of the Legislature or a legislative committee.”

In an odd result from this type of lawsuit, the Governor and Attorney General have declined to defend the lame-duck laws, and opted instead to be seated with the plaintiffs in court. This opens the door for former state solicitor, Misha Tseytlin, to serve as private counsel to the GOP lawmakers in defense of the provisions.

This comes days after another Dane County District Judge issued a temporary injunction in a separate case brought by The League of Women Voters and other advocacy groups, blocking the entirety of the same set of laws on the grounds that the lame-duck session itself was unlawful under the State’s Constitution.

Republican lawmakers have vowed to appeal both injunctions.