Supreme Court, without being asked, takes up second lawsuit over powers of Tony Evers, Josh Kaul

Milwaukee Journal Sentinel

The Wisconsin Supreme Court hearing room in the state Capitol.

MADISON - In a rare move, the Wisconsin Supreme Court took control Friday of an appeal of a lawsuit challenging laws passed by Republicans limiting the powers of Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul.

Without being asked, the state's highest court assumed jurisdiction over the appeal of the lawsuit brought by labor unions arguing the legislators' actions in December violated the state constitution's separation-of-powers doctrine.

The court's decision means two of the four lawsuits challenging the GOP-controlled Legislature's action before Evers and Kaul were sworn into office will be decided by the Supreme Court, which is controlled by conservative-leaning justices.

The court's four conservative justices wrote that they "concluded that the interests of the state would be best served by the appeal bypassing the court of appeals and proceeding in this court."

The court will decide whether to uphold a lower court's decision to block some of the lame-duck laws while the case continues.

In their dissent, the court's three liberal-leaning justices wrote that "this court should not reach down and assume jurisdiction of the appeal without giving the parties notice and an opportunity to be heard."

Lester Pines, an attorneys representing the plaintiffs, said he doesn't read much into the move since the court has assumed jurisdiction over another case challenging the new laws.

Jeremy Levinson, another attorney representing the plaintiffs, said "it is very unusual for a case to find itself in the Supreme Court this early with no one asking" and that the high court will decide the appeal of the lower court's ruling.

An attorney representing the legislative leaders did not respond to a request for comment late Friday.

Units of the Service Employees International Union, other labor organizations and Democratic state Sen. Janet Bewley of Mason sued in February arguing key parts of the laws violate the boundaries of powers that belong to each branch of government.

In March, Dane County Circuit Judge Frank Remington threw out provisions that require lawmakers to sign off on settling lawsuits handled by the attorney general; allow legislators to stipulate how thousands of government documents are written; and give legislators the ability to permanently block state rules written by the Evers administration.

The District 3 Court of Appeals had been asked to review Remington's decision, but that task is now in the Supreme Court's hands.

The high court just four days ago unanimously agreed to take up another lawsuit filed over the lame-duck laws before the appeals court finished its work in that case. The justices put that case on a fast track, agreeing to hear arguments May 15.

That case was brought by the League of Women Voters of Wisconsin, Black Leaders Organizing for Communities and Disability Rights Wisconsin.

They contend all actions from the lame-duck session are unconstitutional because of the method Republican lawmakers used to get themselves to the floor of the Assembly and Senate.

Two other cases are in federal court. In one, U.S. District Judge James Peterson blocked limits on early voting that were included in the lame-duck laws.

In the other, Peterson has told all sides to file briefs on whether he should put the case on hold while the lawsuits in state court are decided.

Contact Molly Beck in the Capitol bureau at (608) 258-2263 or at molly.beck@jrn.com. Follow her on Twitter at @MollyBeck.