Wisconsin’s conservative high court hands GOP another weapon

Jun 30, 2022, 8:46 PM | Updated: 9:42 pm

MADISON, Wis. (AP) — Wisconsin’s conservative-controlled Supreme Court handed Republicans their newest weapon to weaken any Democratic governors in the battleground state, ruling this week that political appointees don’t have to leave their posts until the Senate confirms their successor.

The court’s decision — in the case of a conservative who refused to step down from an environmental policy board for more than a year after his term expired — marks another loss for Democratic Gov. Tony Evers as he faces reelection in November. Republicans have worked to reduce Evers’ powers since even before he took office and have refused to confirm many of his appointees. This week’s ruling gives them the ability to block them simply by declining to hold a nomination vote.

“Most people on the street would say when a term … expires, there’s an opening. The Supreme Court has said that commonsense understanding is not right,” University of Wisconsin-Madison political science professor Barry Burden said. The ruling “raises the question of why is there a term at all? Maybe we just say a person serves for life the way a U.S. Supreme Court justice does.”

Republicans are likely to control the Legislature for years to come largely due to gerrymandered districts.

After Evers was elected in 2018 but before he took office, they passed laws during a lame-duck session that temporarily stripped him of his power to appoint members of the state’s economic development agency and gave legislators the ability to block executive branch agencies’ rules and policies.

So far, the Senate has refused to confirm about 42% of Evers’ 299 appointees, according to Evers’ office. What’s more, the Senate took the rare step in 2019 of voting not to confirm Evers’ agriculture secretary, Brad Pfaff, after Pfaff criticized GOP lawmakers for not providing enough money to help farmers with mental health problems. Pfaff had to step down.

The struggle over appointments took a turn in the spring of 2021 when Fred Prehn’s term on the Department of Natural Resources policy board ended. Evers appointed his successor, a move that would have given his appointees a one-member majority on the board and his administration the power to shape environmental policy.

Prehn, who was appointed by former Republican Gov. Scott Walker, refused to step down. He has since cast the deciding vote to increase the quota for the state’s wolf hunt and to scrap limits in well water on a group of chemicals known as PFAS, an abbreviation for perfluoroalkyl and polyfluoroalkyl substance,

Democratic Attorney General Josh Kaul sued to force Prehn off the board. The state Supreme Court’s four-justice conservative majority ruled Wednesday that a vacancy must exist before a governor can fill it — and that a “vacancy” occurs only if the incumbent dies, resigns or is removed for misconduct.

The decision essentially prevents a governor from replacing the previous governor’s appointees without Senate confirmation.

The ruling left Democrats stunned.

“Today, I remind the Wisconsin Supreme Court and the Republican Party of this state that we do still live in a democracy, a very basic function of which is the peaceful and respectful transfer of power, even — and most especially — when you lose,” Evers said. “(His appointees) should be considered on their merit, and should have the opportunity to serve the people of our state, regardless of whether or not they were appointed by a Democrat or share the same ideas as Republicans in the Legislature.”

Kaul called the decision another symptom of the breakdown of democracy.

“What this (ruling) is doing is allowing the Legislature to not represent the people of Wisconsin, to expand its authority and control an executive branch agency,” Kaul said.

Adam Gibbs, a spokesman for Senate Majority Leader Devin LeMahieu, didn’t respond to messages.

Prehn isn’t the only Republican appointee who has refused to leave. The 13-member Wisconsin Technical College Board has three members whose terms ended in May 2021.

Nicholas Fleisher, president of the Wisconsin chapter of the American Association of University Professors, said the Prehn decision also adds another layer of politics to University of Wisconsin System Board of Regents, 16 of whom are appointed by the governor to seven-year terms. She said it could hurt the board’s credibility nationwide.

“Like so much else in our (government) systems, there are certain norms, decorum and shame involved in making these systems work,” he said. “Those things are obviously out the window.”

___

Follow Todd Richmond on Twitter at https://twitter.com/trichmond1

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

AP

FILE - Police officers stand outside a Target store as a group of people protest across the street,...

Associated Press

Pride becomes a minefield for big companies, but many continue their support

Many big companies, including Target and Bud Light's parent, are still backing Pride events in June despite the minefield that the monthlong celebration has become for some of them.

2 days ago

FILE - Then-Democratic presidential candidate Joe Biden plays music on a phone as he arrives to spe...

Associated Press

Biden, looking to shore up Hispanic support, faces pressure to get 2024 outreach details right

Joe Biden vowed in 2020 to work “like the devil” to energize Hispanic voters, and flew to Florida seven weeks before Election Day to do just that.

2 days ago

Editorial members of the Austin American-Statesman's Austin NewsGuild picket along the Congress Ave...

Associated Press

Correction: US-Gannett Walkout story

Journalists at two dozen local newspapers across the U.S. walked off the job Monday to demand an end to painful cost-cutting measures and a change of leadership at Gannett, the country's biggest newspaper chain.

2 days ago

FILE - The logo of the Organization of the Petroleoum Exporting Countries (OPEC) is seen outside of...

Associated Press

Saudi Arabia reducing global oil supply, could spell higher prices for US drivers

Saudi Arabia will reduce how much oil it sends to the global economy, taking a unilateral step to prop up the sagging price of crude.

3 days ago

This photo provided by Robert Wilkes, owner of a house boat management company, shows smoke rising ...

Associated Press

Houseboats catch fire while docked at Wahweap Marina on Lake Powell

More than half a dozen house boats momentarily caught fire at a popular boating destination on the Utah-Arizona line on Friday.

5 days ago

File - Women work in a restaurant kitchen in Chicago, Thursday, March 23, 2023. On Friday, the U.S....

Associated Press

US hiring, unemployment jump in May and what that says about the economy

The nation’s employers stepped up their hiring in May, adding a robust 339,000 jobs, well above expectations.

5 days ago

Sponsored Articles

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

...

re:vitalize

Why drug-free weight loss still matters

Wanting to lose weight is a common goal for many people as they progress throughout life, but choosing between a holistic approach or to take medicine can be a tough decision.

Wisconsin’s conservative high court hands GOP another weapon