Delafield, Wis. – The Institute for Reforming Government (IRG) released the following statement following the Wisconsin Supreme Court’s ruling in Wisconsin Manufacturers and Commerce, Inc. v. Wisconsin Department of Natural Resources. The ruling cements widespread power for bureaucrats and throws Wisconsin’s employers and property owners into even more uncertainty.
THE QUOTE:
“The liberal majority on the Wisconsin Supreme Court just handed over even more power to unelected bureaucrats,” said Daniel Suhr, IRG Court Watch Legal Fellow. “Tuesday’s ruling empowers bureaucrats at state agencies like the DNR to rule Wisconsin by letter and blog post, making important policy decisions while denying everyday citizens and the Legislature the opportunity to make their voices heard through the rulemaking process.”
WHY IT MATTERS:
The Wisconsin Supreme Court’s ruling in WMC v. WDNR cements bureaucracy’s ability to change the law as they see fit under the cover of “guidance documents” instead of going through the rulemaking process. Rulemaking ensures the opportunity for notice, public comment, and legislative oversight.
Recent Institute for Reforming Government polling shows that Wisconsinites want to rein in the power of the bureaucracy. When asked what was a greater threat to democracy, 49% of voters polled responded bureaucrats that exercise too much control over individuals’ lives. In a different poll, when asked who they trust more to make decisions, 32% of voters responded with the legislature with only 8% favoring bureaucrats.
WHAT’S NEXT:
Regulatory certainty is vital for businesses, enabling long-term investments and decisions. For individuals, it means clear boundaries for government agency power, preventing overreach into their lives and property. Guidance documents that reach beyond their boundaries and create new law deny people the opportunity to be heard through the legislative process and create uncertainty when guidance can be issued at any time.
