Latest news with #WisconsinConstitution
Yahoo
08-07-2025
- Politics
- Yahoo
Wisconsin Supreme Court clears way for conversion therapy ban
A Wisconsin legislative committee controlled by Republicans violated the state constitution when it rejected a state agency rule to ban conversion therapy practices, the Wisconsin Supreme Court ruled Tuesday, clearing the way for the state to enforce the rule and blunting the Legislature's power to block state regulations. The Wisconsin Legislature's powerful Joint Committee for Review of Administrative Rules (JCRAR), responsible for approving state agency regulations, had twice rejected a Wisconsin state licensing board's rule to ban conversion therapy, a discredited practice that aims to change a person's sexuality or gender identity. Democratic Gov. Tony Evers, who barred state and federal funds from being used for conversion therapy in a 2021 executive order, sued Wisconsin's GOP-controlled Legislature in 2023 for obstructing 'basic government functions.' The lawsuit targets the joint committee's vote on the conversion therapy rule and a separate rule to update commercial building standards. Evers argued that JCRAR's actions amounted to unconstitutional 'legislative vetoes,' which he said collapsed the state's powers 'into a single branch of government' and circumvented 'the constitutional lawmaking procedures of bicameralism,' by which a bill must pass through both the state House and Senate, and presentment to the governor. An attorney for the Legislature stated during oral arguments in January that the rules committee's actions provided lawmakers with a 'grace period' to review the policy within their constitutional role. Republicans in the state Legislature have said their votes to suspend the rule are based on a belief that the rule limits the freedom of speech and religion of mental health providers, not opposition to the rule itself. In a 4-3 decision on Tuesday, the Wisconsin Supreme Court sided with Evers, ruling that JCRAR cannot pause, object to or suspend a rule's implementation without legislation. 'The challenged statutes empower JCRAR to take action that alters the legal rights and duties of the executive branch and the people of Wisconsin. Yet these statutes do not require bicameralism and presentment,' the court's liberal majority wrote in its ruling. 'Therefore, we hold that each of the challenged statutes … facially violates the Wisconsin Constitution's bicameralism and presentment requirements.' The decision clears the way for the state to enact the conversion therapy ban, though it was not immediately clear when the rule would take effect. 'For years, a small group of Republican lawmakers overstepped their power, holding rules hostage without explanation or action and causing gridlock across state government,' Evers said in a statement on Tuesday. 'It's pretty simple — a handful of Republican lawmakers should not be able to single-handedly and indefinitely obstruct state agencies from doing the people's work.' 'Ensuring that the Legislature is held accountable for following the law and our state's constitution is a victory for the people of Wisconsin,' he said about the state Supreme Court's decision. The high court will maintain its liberal majority when Justice-elect Susan Crawford takes office in August, replacing retiring Justice Ann Walsh Bradley. Crawford won a contentious race for Bradley's seat in April, in the most expensive judicial election in U.S. history. In a statement issued after Tuesday's ruling, Republican state Sen. Steve Nass, a JCRAR co-chair, said the court 'has in essence given Evers the powers of a King.' 'Today, the liberal majority of the Wisconsin Supreme Court ended nearly 7 decades of shared governance between the legislature and executive branch agencies aimed at protecting the rights of individuals, families and businesses from the excessive actions of bureaucrats,' he said. 'Governor Evers asked his liberal allies on the state supreme court to give him unchecked dominion to issue edicts without legislative review that will harm the rights of citizens in order to enact his extreme agenda.' The court's three conservatives, Justices Rebecca Bradley, Annette Ziegler and Brian Hagedorn, similarly criticized Tuesday's decision. Bradley wrote in a dissenting opinion that the court's majority ruling 'lets the executive branch exercise lawmaking power unfettered and unchecked.' 'Progressives like to protest against 'kings,'' she added, 'unless it is one of their own making.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
08-07-2025
- Politics
- The Hill
Wisconsin Supreme Court clears way for conversion therapy ban
A Wisconsin legislative committee controlled by Republicans violated the state constitution when it rejected a state agency rule to ban conversion therapy practices, the Wisconsin Supreme Court ruled Tuesday, clearing the way for the state to enforce the rule and blunting the Legislature's power to block state regulations. The Wisconsin Legislature's powerful Joint Committee for Review of Administrative Rules (JCRAR), responsible for approving state agency regulations, had twice rejected a Wisconsin state licensing board's rule to ban conversion therapy, a discredited practice that aims to change a person's sexuality or gender identity. Democratic Gov. Tony Evers, who barred state and federal funds from being used for conversion therapy in a 2021 executive order, sued Wisconsin's GOP-controlled Legislature in 2023 for obstructing 'basic government functions.' The lawsuit targets the joint committee's vote on the conversion therapy rule and a separate rule to update commercial building standards. Evers argued that JCRAR's actions amounted to unconstitutional 'legislative vetoes,' which he said collapsed the state's powers 'into a single branch of government' and circumvented 'the constitutional lawmaking procedures of bicameralism,' by which a bill must pass through both the state House and Senate, and presentment to the governor. An attorney for the Legislature stated during oral arguments in January that the rules committee's actions provided lawmakers with a 'grace period' to review the policy within their constitutional role. Republicans in the state Legislature have said their votes to suspend the rule are based on a belief that the rule limits the freedom of speech and religion of mental health providers, not opposition to the rule itself. In a 4-3 decision on Tuesday, the Wisconsin Supreme Court sided with Evers, ruling that JCRAR cannot pause, object to or suspend a rule's implementation without legislation. 'The challenged statutes empower JCRAR to take action that alters the legal rights and duties of the executive branch and the people of Wisconsin. Yet these statutes do not require bicameralism and presentment,' the court's liberal majority wrote in its ruling. 'Therefore, we hold that each of the challenged statutes … facially violates the Wisconsin Constitution's bicameralism and presentment requirements.' The decision clears the way for the state to enact the conversion therapy ban, though it was not immediately clear when the rule would take effect. 'For years, a small group of Republican lawmakers overstepped their power, holding rules hostage without explanation or action and causing gridlock across state government,' Evers said in a statement on Tuesday. 'It's pretty simple — a handful of Republican lawmakers should not be able to single-handedly and indefinitely obstruct state agencies from doing the people's work.' 'Ensuring that the Legislature is held accountable for following the law and our state's constitution is a victory for the people of Wisconsin,' he said about the state Supreme Court's decision. The high court will maintain its liberal majority when Justice-elect Susan Crawford takes office in August, replacing retiring Justice Ann Walsh Bradley. Crawford won a contentious race for Bradley's seat in April, in the most expensive judicial election in U.S. history. In a statement issued after Tuesday's ruling, Republican state Sen. Steve Nass, a JCRAR co-chair, said the court 'has in essence given Evers the powers of a King.' 'Today, the liberal majority of the Wisconsin Supreme Court ended nearly 7 decades of shared governance between the legislature and executive branch agencies aimed at protecting the rights of individuals, families and businesses from the excessive actions of bureaucrats,' he said. 'Governor Evers asked his liberal allies on the state supreme court to give him unchecked dominion to issue edicts without legislative review that will harm the rights of citizens in order to enact his extreme agenda.' The court's three conservatives, Justices Rebecca Bradley, Annette Ziegler and Brian Hagedorn, similarly criticized Tuesday's decision. Bradley wrote in a dissenting opinion that the court's majority ruling 'lets the executive branch exercise lawmaking power unfettered and unchecked.' 'Progressives like to protest against 'kings,'' she added, 'unless it is one of their own making.'
Yahoo
29-04-2025
- Politics
- Yahoo
Wisconsin Supreme Court temporarily suspends Milwaukee Judge Hannah Dugan after arrest
The Wisconsin Supreme Court has suspended Milwaukee County Circuit Court Judge Hannah Dugan after she was arrested by the FBI and charged last week for allegedly helping an undocumented immigrant evade arrest, an order from the court shows. "The court has learned that Milwaukee County Circuit Court Judge Hannah C. Dugan has been charged with two federal criminal offenses, one of which is a felony and one of which is a misdemeanor," a two-page order from the court filed Tuesday stated. "This court is charged in the Wisconsin Constitution with exercising superintending and administrative authority over the courts of this state. In the exercise of that constitutional authority and in order to uphold the public's confidence in the courts of this state during the pendency of the criminal proceeding against Judge Dugan, we conclude, on our own motion, that it is in the public interest that she be temporarily relieved of her official duties." Dugan was charged with two criminal counts of "obstructing and impeding a proceeding before a department or agency of the United States" and "concealing an individual to prevent his discovery and arrest," according to a criminal complaint unsealed Friday. MORE: Reserve judge to handle cases of Milwaukee judge arrested by FBI, court says The Wisconsin Supreme Court said Dugan is "temporarily prohibited from exercising the powers of a circuit court judge in the State of Wisconsin," effective Tuesday until further order from the court. Prior to the order, a Milwaukee County official said this week that starting Monday, a reserve judge will cover Dugan's cases. The judge was arrested on Friday over allegedly helping an undocumented immigrant "evade arrest" the week prior, according to FBI Director Kash Patel, who claimed on social media that Dugan "intentionally misdirected federal agents away from the subject to be arrested in her courthouse." U.S. Attorney General Pamela Bondi said in a statement that two FBI agents arrested Dugan "for allegedly helping an illegal alien avoid arrest" by Immigration and Customs Enforcement. This is a developing story. Please check back for updates. Wisconsin Supreme Court temporarily suspends Milwaukee Judge Hannah Dugan after arrest originally appeared on
29-04-2025
- Politics
Wisconsin Supreme Court temporarily suspends Milwaukee Judge Hannah Dugan after arrest
The Wisconsin Supreme Court has suspended Milwaukee County Circuit Court Judge Hannah Dugan after she was arrested by the FBI and charged last week for allegedly helping an undocumented immigrant evade arrest, an order from the court shows. "The court has learned that Milwaukee County Circuit Court Judge Hannah C. Dugan has been charged with two federal criminal offenses, one of which is a felony and one of which is a misdemeanor," a two-page order from the court filed Tuesday stated. "This court is charged in the Wisconsin Constitution with exercising superintending and administrative authority over the courts of this state. In the exercise of that constitutional authority and in order to uphold the public's confidence in the courts of this state during the pendency of the criminal proceeding against Judge Dugan, we conclude, on our own motion, that it is in the public interest that she be temporarily relieved of her official duties." Dugan was charged with two criminal counts of "obstructing and impeding a proceeding before a department or agency of the United States" and "concealing an individual to prevent his discovery and arrest," according to a criminal complaint unsealed Friday.
Yahoo
01-04-2025
- Politics
- Yahoo
Wisconsin Supreme Court election that broke spending records could serve as litmus test for Trump, Musk
Voters head to the polls on Tuesday in Wisconsin for a hot-button race that could offer a barometer on how Americans are feeling at this point in President Donald Trump's second term. Republican-backed Waukesha County Judge Brad Schimel and Democratic-backed Dane County Judge Susan Crawford are the candidates in Tuesday's marquee state Supreme Court race, which is technically nonpartisan -- but it has become the center of a political firestorm, as well as the target of millions spent by groups linked to tech billionaire and key Trump adviser Elon Musk. MORE: Wisconsin Supreme Court race passes $90 million in spending: Nonprofit law institute The election will determine which of the candidates, vying to replace retiring Justice Ann Walsh Bradley, will help determine the ideological bent of the court, which currently leans liberal. "This is playing out like a presidential-style election. You turn on your TV, any local broadcast station here across the state of Wisconsin, you are inundated with political-type ads for what is technically a nonpartisan judicial race, but this is a full-on political race … this is becoming a true litmus test for the first 100 days of the Trump administration," Matt Smith, political director at Milwaukee's ABC affiliate WISN-TV, told ABC News Live anchor Diane Macedo last week. MORE: Wisconsin Supreme Court candidates spar over abortion law, Musk and Trump during lively debate The winner of this race will join the bench as the court potentially grapples with key voter issues such as abortion access and redistricting. For example, there is a Wisconsin Supreme Court case regarding if the Wisconsin Constitution protects the right to an abortion, which the court might consider after the new justice is seated. The race could also preview how voters in the battleground state feel a few months into Trump's second term -- especially as Musk and his work with the federal government through the Department of Government Efficiency becomes a key issue given his groups' investments in the race. Musk has indicated he is interested in the race because of the possibility that the court takes on redistricting cases -- which could impact the balance of power in the U.S. House if rulings cause congressional maps to be redrawn. "That is why it is so significant, and whichever party controls the House, to a significant degree, controls the country which then steers the course of Western civilization," Musk said at a high-profile town hall on Sunday in Green Bay. MORE: Musk hands out $1M checks after efforts to block the giveaways in court are rejected Musk has implied "the future of civilization" is at stake with the race. On Sunday, the tech billionaire also controversially gave away two $1 million checks to attendees at a rally in his latest effort to support Schimel. Schimel, the candidate backed by Republicans, is a former state attorney general and a circuit court judge in Waukesha County. He has received almost $20 million in support (such as spending for TV ads) as of Monday from groups linked to Musk, per a tally by the Brennan Center for Justice. Schimel has also received endorsements from Trump, Musk, Donald Trump, Jr., and other key conservative figures. Schimel has welcomed the conservative support, yet said at a rally last week that he would treat any case fairly, including if it was a case brought by Trump. However, Crawford and her allies have alleged he would not treat cases involving Trump or Musk fairly, and she has made Musk a main target of her campaign. Schimel, asked on Thursday by ABC affiliate WISN to share his closing argument ahead of the final days in the race, said, "My closing argument is that people need to take this race seriously. So much is at stake. We have to restore objectivity to this court right now ... We have to put the court back in its proper role where it's not making the law. It's not going through a political agenda. It is applying the law the way the legislature writes it, to the facts of the case." Crawford, backed by Democrats, is a Dane County circuit court judge and a former private attorney. At points, she represented Democratic-aligned groups such as Planned Parenthood, an organization supporting abortion access. Major liberal donors such as Illinois Gov. JB Pritzker and Democratic donor George Soros have given money to the Wisconsin Democratic Party, and the state party has donated $2 million to Crawford. The national Democratic Party has also invested in the race. Crawford told WISN that her closing argument was about an impartial court: "It's about making sure that we have a Supreme Court that is fair and impartial in interpreting our laws to protect the rights of Wisconsinites. The other choice is an extreme partisan, someone who is selling out to special interests, has a long history of doing that, and has now tied himself to Elon Musk." According to the Brennan Center for Justice, as of Monday, more than $90 million has been spent in the race -- making it the most expensive judicial election in the nation's history. That amount includes more than $49 million spent by Schimel or groups supporting him, and more than $40 million spent by Crawford or groups supporting her. The nonprofit says that the previous record for spending in a state supreme court race was in Wisconsin's 2023 state supreme court election, when $56 million was spent. Voters have taken notice. One Wisconsinite who voted early told WISN, "There's a lot of outside money coming in, in our state. And I wanted to make sure that my voice is being represented and not other people." As of Monday, around 644,000 people in Wisconsin have voted early in person or by mail, according to the Wisconsin Elections Commission. Voters in Wisconsin will also vote on a ballot initiative over whether to enshrine requiring a photo ID to vote into the state constitution. Voter ID is already required by state law; enshrining it into the state constitution would not establish new requirements, but would likely make it harder to ever undo the law. Democratic groups and voting rights organizations have criticized the ballot initiative as potentially disenfranchising voters. Supporters of the initiative argue it will strengthen election security in Wisconsin and is cementing a requirement that has already been in place. A Marquette University Law School poll taken in late February also found that a majority of registered voters in Wisconsin support photo ID for voting, and separately, a majority of registered voters in Wisconsin said they would support the ballot initiative. ABC News' Rachel Scott, Ben Siegel, Will Steakin, Averi Harper, Hannah Demissie and Katherine Faulders contributed to this report. Wisconsin Supreme Court election that broke spending records could serve as litmus test for Trump, Musk originally appeared on
