MADISON, Wis. (SPECTRUM NEWS) – In a Friday ruling, the Wisconsin Supreme Court overturned three of Gov. Tony Evers' partial vetoes from last year's state budget. The governor made 78 partial vetoes in total, but only four were challenged in the latest lawsuit.
The lawsuit did not challenge the governor's power to veto, which is one of the strongest in the nation, but instead how he used those powers.
A majority of justices on the conservative-controlled State Supreme Court couldn't agree on why three of Gov. Evers' vetoes were unconstitutional, but ultimately the Court did not limit how the governor can use those veto powers in the future.
In its lawsuit, the conservative Wisconsin Institute for Law and Liberty (WILL) argued Gov. Evers violated the separation of powers between the executive and legislative branches by creating laws the legislature never intended.
WILL President and General Counsel Rick Esenberg called Friday's decision a safeguard on liberty with potentially long-lasting implications.
"Governor Evers used the partial veto power to create new laws never approved by the legislature,” Esenberg said. “The Court's decision recognizes limits to the partial veto power that will safeguard liberty and uphold the separation of powers. While there are multiple writings and their interaction is complex, today’s decision severely limits and perhaps even ends the Governor’s power to create new law through vetoes."
The Wisconsin Supreme Court struck down three vetoes by the governor:
- One veto shifted money for replacing school buses to instead fund electric vehicle charging stations
- Another veto would have allowed funds set aside for local road construction to be used for any transportation program
- An additional veto redefined vaping products to make more of them subject to tax
A fourth veto rejecting the changes Republicans wanted for vehicle registration fees was also challenged but the court upheld it.
The ruling overturning some of the governor's partial vetoes comes just one day after the same court upheld most of the lame-duck laws limiting Evers' power.
“The People’s Budget made historic investments in better roads, better schools, and better healthcare, but clearly Republicans will continue doing whatever they can to prevent us from doing good work for Wisconsinites,” Gov. Evers said. “Today’s ruling departs from decades of precedent and only creates chaos and confusion. As I said yesterday, we’re not going to let folks who are bitter about an election that happened nearly two years ago stop us from getting things done for the people of our state.”
Partial budget vetoes aren't uncommon for Wisconsin governors.
Former Gov. Scott Walker had 98 partial vetoes in his last budget, but former Gov. Tommy Thompson holds the record with 457 partial vetoes back in 1991.