(The Center Square) – A recent Wisconsin Supreme Court ruling that stripped the state’s Joint Committee of Review of Administrative Rules from blocking or suspending agency rules is drawing sharp reactions from state lawmakers on both sides of the aisle.
The court’s 4-3 ruling sided with Democratic Gov. Tony Evers and executive agencies over Sen. Howard Marklein, R-Spring Green, the lead respondent in the case on behalf of the Legislature.
The court declared that the committee cannot pause, object to, or suspend rules unless the Legislature passes a bill, calling the current process unconstitutional.
Legislators responded with familiar partisan accusations of overreach against both sides.
“The recent Wisconsin Supreme Court ruling stripping the Legislature’s ability to oversee administrative rules is a dangerous overreach that undermines the foundational checks and balances in our state government,” Sen. Cory Tomczyk, R-Mosinee, a member of the committee, said in a statement.
Tomczyk said the ruling upends decades of precedent and hands “unelected bureaucrats” unchecked power.
“By stripping this oversight, the Court has effectively handed unilateral rulemaking authority to the executive branch, cutting the elected representatives of the people out of the process entirely,” Tomczyk said. “This is not just a procedural change. It is a direct blow to representative government.”
However, Sen. Kelda Roys, D-Madison, who also sits on the committee, lauded the court’s ruling.
“Under Republican rule, JCRAR and other committees have abused their power, unconstitutionally working to prevent the executive branch from carrying out our laws,” Roys said. “The legislature has the power to pass laws – not veto them after enactment.”
Roys cited PFAS contamination and election security as some of the “pressing problems” that Republicans used the committee to prevent the executive branch from addressing.
Assembly Speaker Robin Vos, R-Rochester, called the ruling a “disappointing decision” and accused the court of removing oversight from the people’s elected officials.
“Administrative rules touch many facets of our lives, such as business regulations, license renewals, building projects, wetland mitigation, and more,” Vos said. “The absence of oversight from elected representatives grows government and allows unelected bureaucrats to increase red-tape behind closed doors.”
He added, quoting Justice Rebecca Bradley’s dissent, “Progressives like to protest against ‘kings’ – unless it is one of their own making.”
A spokesperson for Marklein’s office declined to respond for comment.
