Judge blocks lame-duck session laws, Evers and Kaul move to drop ACA Lawsuit | WisCommunity

Judge blocks lame-duck session laws, Evers and Kaul move to drop ACA Lawsuit

March 21, 2019 - 12:47pm
Governor Tony Evers

Update - 1:30 PM

Moving rather quickly after the injunction, Governor Evers has instructed AG Josh Kaul to start the process of withdrawing from the multi-state lawsuit against the ACA. One of the lame-duck session laws prohibited the administration from withdrawing from this suit. There were many predictions that the passing of the lame-duck session laws would create a legal quagmire, and it appears that we are now well into the process a few hours after the initial injunction.


This morning Circuit Judge Richard Niess issued a temporary injunction against the laws passed in the lame duck session at the end of Governor Walker's term that limited the powers of incoming Governor Tony Evers and Attorney General Josh Kaul. 

Governor Evers called the ruling "a victory for the people of Wisconsin and for preserving the Wisconsin Constitution"  and stated "I look forward to putting this disappointing chapter behind us so we can move forward together to put the needs of the people of Wisconsin first".

The ruling states that the laws are invalid because the legislature did not meet legally, calling an "extraordinary session" in December 2018 to pass the laws. This potentially calls into question laws that have been passed in previous extraordinary sessions, an issue suggested by Senate Majority Leader Scott Fitzgerald and Assembly Speaker Robin Vos, stating "Today’s ruling only creates chaos and will surely raise questions about items passed during previous extraordinary sessions, including stronger laws against child sexual predators and drunk drivers". The Republicans will appeal the ruling.

Three Wisconsin Voters, The League of Women Voters, Disability Rights Wisconsin, and Black Leaders Organizing for Communities brought the suit prompting today's ruling. 

Steve Hanson
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