The state Supreme Court today unanimously ruled the Legislature can’t oversee civil enforcement actions or cases the state Department of Justice brings at the request of executive branch agencies. 

The decision was authored by conservative Justice Brian Hagedorn. 

“We hold that settling these two categories of cases is within the core powers of the executive branch, and the statutory requirement to obtain JFC’s approval prior to settling these cases violates the Wisconsin Constitution’s separation of powers,” Hagedorn wrote. 

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Attorney General Josh Kaul filed the lawsuit against the GOP-led Legislature challenging the authority the Legislature gave itself to oversee DOJ settlements under a 2018 lame duck law. 

Kaul argued the law has hampered DOJ’s ability to reach settlements and the Legislature has overstepped its authority. The Legislature has said it should have a role in the settlements, because it has the constitutionally guaranteed power of the purse. 

Today’s ruling comes after the state Supreme Court in 2020 rejected Kaul’s “facial” challenge to the laws. Such lawsuits must prove there is no example of where the statute could be constitutional. 

See more on the ruling in today’s PM Update.