State Supreme Court strikes down Governor’s partial veto

The Wisconsin Supreme Court unanimously ruled this week that Gov. Tony Evers exceeded his powers by partially vetoing a bill that contained no appropriations, and it also upheld the legislature’s Joint Finance Committee’s ability to put aside and control money for certain programs.

The partial vetoes were included in a package of literacy program bills. Taking a cue from past Supreme Court suggestions, the GOP-majority legislature created a funding bill of $50 million, allocated to the Joint Finance Committee’s emergency fund for a literacy program; a separate law established how the Department of Public Instruction could expend the money once transferred by the Joint Finance Committee.

It did not, however, appropriate or transfer any money to those accounts. Evers partially vetoed the latter, saying it was an appropriations bill, by consolidating two funding accounts into one that could be used by the Department of Public Instruction to fund broad literacy initiatives.

The Joint Finance Committee refused to release the funds.

Essentially, the court told Evers close but no cigar. While the funding bill and non-funding bills were closely associated, the non-funding bill was not an appropriations bill because it created two empty bank accounts while not actually appropriating any monies, the court ruled.

In the court’s decision, justice Rebecca Bradley, writing for the court, said the court had long advised separate funding and policy bills if the legislature wanted to avoid the notorious partial-veto pen.

“Although the executive branch may be frustrated by constitutional limits on the governor’s power to veto non-appropriation bills, the judiciary must respect the people’s choice to impose them,” Bradley wrote. “This court has no authority to interfere with the legislature’s choices to structure legislation in a manner designed to insulate non-appropriation bills from the governor’s exercise of the partial veto power.”

Evers: No apologies

In response to the court’s ruling, Evers said he would never apologize for fighting for kids and schools. 

“Not today, not ever,” Evers said. “Nearly $50 million to help improve our kids’ reading has sat unspent in Madison for two years because Republican lawmakers have refused to release it. I have spent those two years fighting tirelessly to get Republicans to release those funds, including suing to force them to do so.”

Twelve lawmakers should not be able to obstruct resources that were already approved by the full legislature and the governor to help get kids up to speed and ensure they have the skills they need to be successful, Evers said. 

“It is unconscionable that the Wisconsin Supreme Court is allowing the Legislature’s indefinite obstruction to go unchecked,” he said. “Even so, a basic but fundamental responsibility of governors and executives is to dutifully comply with decisions of a court and the judiciary, even if — and, perhaps most importantly, when — we disagree. The rule of law in this country expects and demands it.”

Since the Supreme Court declined to step in and end the indefinite obstruction, Evers said he would again urge Republicans to release the nearly $50 million investment to improve reading and literacy across the state, and to do so before the resources expire at the end of the month. 

“Failing to do so by that deadline would be reckless and irresponsible,” he said. “Stop messing around with our kids and their futures and get it done.”

The Wisconsin Education Association Council also chastised Republicans.

“Wisconsin public school educators show up every day to deliver the best education to our students and help them reach their potential,” Peggy Wirtz-Olsen, president of the Wisconsin Education Association Council. “But Republican legislators who brought this case forward are bent on using schools as pawns for political payback. These politicians give lip service to literacy, while leaving educators without funding to do our job.”

On the cusp of another state budget, Wirtz-Olsen said, those same politicians again threaten to underfund public schools instead of working across the aisle for the good of students.

“Educators and families will continue to advocate for funding that actually reaches our classrooms, increases opportunities for students and meets the state’s responsibility to reimburse special education costs to ease the burden on taxpayers,” she said.

Republicans react

Meanwhile, state Sen. Mary Felzkowski (R-Tomahawk) said the partial veto was a blatant attempt by Evers to expand already incredibly strong veto powers. 

“I am pleased that the court, despite its deep divisions, … ruled that the governor’s actions were inappropriate,” Felzkowski said. “Wisconsin’s governor already has an incredibly strong veto pen, and that power does not need to be expanded. The separation of powers is a core feature of our government, and it is heartening that even the leftists on our court haven’t forgotten this.

But, Felzkowski continued, it was extremely unfortunate that a critical, bipartisan literacy reform program had its funding delayed while the legislature had to litigate the governor’s unconstitutional actions. 

“Governor Evers should apologize to school districts and parents for the unnecessary harm he unilaterally caused,” she said.

Senator John Jagler (R-Watertown) said the court’s decision now opens the door for the $50 million that was included in the Act 20 Literacy legislation to be deployed.

“It was unfortunate that the overreach of Governor Evers put us in this position,” said Jagler. “But now that the court has ruled, it’s time for my colleagues on the Joint Finance Committee to act as quickly as they can to disburse the literacy funding. These dollars will be instrumental in helping schools buy high quality curriculum, pay for professional development and hire literacy coaches.”

Those resources are needed, Jagler said, because it’s clear kids aren’t reading at the level they should: “It’s too bad a bipartisan effort to help was tied up by a very partisan move by our governor.”

The Assembly education chairman, state Representative Joel Kitchens (R-Sturgeon Bay), said he was excited that the $50 million set aside to help school districts shift to science-based reading could finally be released by the Joint Finance Committee. 

“I am grateful that the Supreme Court recognized that the governor’s attempt to expand his already extensive partial line-item veto power was unconstitutional,” Kichens said. “It is unfortunate that this power grab delayed us in fully implementing Act 20 and getting money out to the schools for two years. That money can now be used to help pay for training, new curricula, and coaches to help teachers with the transition.”

Kitchens said the Right to Read Act is one of the most important pieces of legislation passed in recent years and, after this ruling, will ensure that every child has a chance to succeed.

Richard Moore is the author of “Dark State” and may be reached at richardd3d.substack.com.