Gov. Evers Challenges Legislature Over DOJ Settlement Authority
In a renewed legal dispute, Governor Tony Evers is taking action against Wisconsin’s Joint Finance Committee, questioning the constitutionality of a 2018 mandate. This mandate requires the committee’s consent before the state Department of Justice can finalize civil suits.
The lawsuit, submitted on April 7 in Dane County Circuit Court, targets legislation enacted during a special session by Republican lawmakers. This session occurred just before Democrats Evers and Attorney General Josh Kaul assumed office. The challenge highlights the GOP’s move to give the finance committee veto power over DOJ decisions related to federal agency rules, especially in cases excluding state lawmakers.
Additionally, the suit contends that the law inhibits the DOJ from establishing settlement agreements with injunctive relief without the committee’s approval when individuals sue the state.
This legal maneuver follows a decisive Wisconsin Supreme Court ruling in June 2025. The court affirmed that the attorney general should independently resolve lawsuits tied to “core executive powers,” without legislative interference. Conservative Justice Brian Hagedorn wrote for the majority, stating, “no constitutional justification for requiring JFC sign-off on settlement agreements within these categories of cases.”
Evers and Kaul argue that despite this victory, other JFC approval requirements from the lame-duck session remain, posing unconstitutional constraints on the DOJ. “Legislative veto power over how the Department resolves such actions, just as with the types of cases at issue in Kaul, violates the Wisconsin Constitution’s separation of powers,” the lawsuit asserts.
The ongoing tension over executive versus legislative powers in Wisconsin has been a contentious issue since 2018, reaching the state’s highest court numerous times. Although the 2025 decision was unanimous, past rulings have often revealed ideological splits within the court.
Previously, in 2020, the then-conservative majority of the court upheld the GOP-backed laws, allowing legislative oversight on some civil cases managed by the DOJ. However, the court’s dynamics shifted when liberals gained control, leading to a 6-1 decision in July 2023. This ruling declared the Joint Finance Committee had exceeded its authority when it blocked conservation land purchases. Another ruling in July 2025 favored Evers, as the court found a GOP-led committee overreached by obstructing a state rule banning conversion therapy for LGBTQ+ youth.
