Rep. Jimmy Anderson, D-Fitchburg
JESSIE OPOIEN
Legal challenges are mounting against a set of laws passed by Republican lawmakers that stripped away some powers from Wisconsin’s governor and attorney general.
The newest lawsuit, filed by the League of Women Voters, Disability Rights Wisconsin, Black Leaders Organizing for Communities and three Wisconsin voters, alleges the method by which the Legislature passed the bills — an extraordinary session — is unconstitutional, therefore rendering anything passed during the session invalid.
“The people of Wisconsin expect their elected officials to represent their interests transparently, and in a manner that respects the limits of the constitutional authority granted to them,” said Erin Grunze, executive director of the League of Women Voters of Wisconsin, in a statement. “The adoption of and attempts to implement the legislation passed during the ‘extraordinary session’ are unconstitutional and fundamentally undermine our democracy.”
The Legislature adopted a joint rule in 1977 allowing an extraordinary session to be called during a committee work period or after the expiration of the last scheduled floor period. Under the rule, an extraordinary session can be called by the Legislature and does not need the governor’s approval.
The first extraordinary session in the Wisconsin Legislature was called in 1980, according to a memo from the nonpartisan Legislative Reference Bureau. In the extraordinary sessions that have followed, lawmakers have considered right-to-work legislation, open records laws, collective bargaining contracts, redistricting, the state budget, a constitutional amendment to allow a sports lottery and other issues.
Lawyers for the challengers argue there is no provision in the state constitution or in state law allowing the Legislature to convene in extraordinary session.
“The text of the Wisconsin Constitution is unambiguous. The Legislature does not have the authority to convene itself in an ‘extraordinary session.’ Because the session was unconstitutional, all business conducted during the ‘extraordinary session’ is illegal and, therefore, void. Fidelity to the Constitution is a…
