In a significant legal victory, Governor Tony Evers has once again triumphed over Republican lawmakers concerning the procedures through which state agencies in Wisconsin can publish rules with legislative authority.
A ruling from the Dane County Circuit Court recently confirmed that agencies are allowed to publish new rules even if the Republican-led committees have not completed their reviews.
The legal disputes between Governor Evers and the Republican lawmakers have been ongoing, centering on the state’s administrative rulemaking process and its implications for the power dynamics between the executive and legislative branches.
In July 2024, the Wisconsin Supreme Court, with its liberal majority, invalidated a rulemaking process change introduced by Republicans before Evers assumed office. This change had permitted lawmakers to indefinitely delay rule changes proposed by state agencies. Following the ruling, in August, Evers instructed his agency heads that they were no longer required to wait for the “standing committees” of lawmakers to review rules before publication.
This led to agencies submitting 27 proposed rules for publication, many of which had been stalled for years by Republican opposition.
The Joint Committee on Legislative Organization, led by Republican Assembly Speaker Robin Vos, R-Rochester, and state Senate President Mary Felzkowski, R-Tomahawk, opposed Evers’ directive by directing the Legislative Reference Bureau not to publish any rules without full committee review.
Governor Evers subsequently took legal action against the joint committee, resulting in a ruling from Dane County Circuit Court Judge Nia Trammell in his favor. Trammell confirmed that the Supreme Court’s 2024 decision was applicable to all legislative committees.
“For the same reason, if the Court found that the standing committee had an ability to pause promulgation for up to sixty days, if not possibly months, it would also be unconstitutional,” Judge Trammell stated.
Trammell further clarified that no existing state laws prevent the publication of rules prior to committee review, and any such laws would be deemed unconstitutional.
While a spokesperson for Vos did not comment on the possibility of an appeal, Vos has announced his retirement from the Legislature after serving as speaker for a record 13 years. Felzkowski’s office indicated she was unavailable for comment.
Rule Banning LGBTQ+ Conversion Therapy Faces Legal Challenges
Among the rules delayed by Republicans until the 2024 Supreme Court ruling was one prohibiting conversion therapy, a widely discredited practice aimed at altering an individual’s sexual orientation or gender identity. Although the ban is now in effect, the conservative Wisconsin Institute For Law & Liberty is urging Governor Evers to revoke it, referencing a recent U.S. Supreme Court ruling that invalidated a similar ban in Colorado on free speech grounds.
In response to this pressure, Evers issued a letter accusing the Wisconsin Institute for Law & Liberty and Wisconsin Family Action of endorsing a “long-disavowed and outdated practice” which scientific studies have shown to be “at best, ineffective and, at worst, dangerous,” citing increased risks of depression and suicide.
“On the other hand, this should come as no surprise,” Evers commented. “After all, bullying LGBTQ kids and Wisconsinites seems to be an important goal for Wisconsin Institute for Law & Liberty and Wisconsin Family Action.”
Evers contends that the U.S. Supreme Court’s decision is specific and does not affect all aspects of Wisconsin’s conversion therapy ban, which remains enforced.
In a social media post, Dan Lennington, an attorney for the Wisconsin Institute for Law & Liberty, described Evers’ response as an “emotional outburst” and indicated that they plan to address the issue in court next week.
Wisconsin Public Radio, © Copyright 2026, Board of Regents of the University of Wisconsin System and Wisconsin Educational Communications Board.
