July 8, 2025
Wisconsin Supreme Court strikes down GOP legislative veto power
Court strikes down legislative override of governor powers
šConstitutional LawšļøGovernmentš¢Legislative Process
Wisconsin Supreme Court struck down five statutes on Jul. 8, 2025, in a 4-3 decision ending the Joint Committee for Review of Administrative Rules (JCRAR) veto power over executive branch regulations
Chief Justice Jill Karofsky wrote the majority opinion following U.S. Supreme Court precedent INS v. Chadha (1983), requiring legislative actions to go through normal bicameralism and presentment
The decision overturned Martinez v. DILHR (1992) and Service Employees Int'l Union v. Vos (2020), which previously upheld JCRAR's suspension and multiple-suspension powers over agency rules
JCRAR's four-member committee could indefinitely block administrative rules without full legislative votes, operating as pocket veto in closed sessions with no public accountability
Blocked rules since 2018 can now advance immediately, including conversion therapy ban for LGBTQ+ patients and updated building codes that JCRAR had suspended for years
Wisconsin joins majority of states prohibiting strong-form legislative vetoes that blur separation of powers between executive rulemaking and legislative oversight functions
šConstitutional LawšļøGovernmentš¢Legislative Process
Test Your Knowledge
10
Q1
In Evers v. Marklein (2025 WI 36), how many affirmative votesāout of the ten-member Joint Committee for Review of Administrative Rules (JCRAR)āwere sufficient to indefinitely block an administrative rule under Wis. Stat. Ā§Ā§ 227.19(5)(c),(d),(dm) and 227.26(2)(d),(im), delaying regulations that affect all 5.96 million Wisconsin residents? (Wis. Stat. Ā§ 13.56 (2024); Evers v. Marklein
Q2
Wisconsin gave its Joint Committee for Review of Administrative Rules strong-form veto and indefinite suspension powers over state regulations. Was Wisconsin unique among U.S. states in granting this much legislative power?
Q3
In Evers v. Marklein (2025), what problem did the Wisconsin Supreme Court identify that legislative committee veto powers created for democratic accountability?
Q4
Which two administrative rules did the Joint Committee for Review of Administrative Rules (JCRAR) block, prompting the Wisconsin Supreme Courtās July 8, 2025 decision in Evers v. Marklein II (2023AP002020-OA)?
Q5
What is the order of these events in Wisconsin's legislative veto power battle:?
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Jill Karofsky
Wisconsin Supreme Court Chief Justice
Tony Evers
Wisconsin Governor
Rebecca Bradley
Wisconsin Supreme Court Justice
Annette Ziegler
Former Wisconsin Chief Justice