Tony Evers reverses course on withdrawing from Affordable Care Act lawsuit

Democratic Gov. Tony Evers Wednesday walked back a vow he made to withdraw the state from the Affordable Care Act lawsuit less than 24 hours after making the commitment in his first State of the State address.

“The governor has not directed the attorney general to take any specific course of action, he has simply withdrawn his authority for this lawsuit,” Evers spokeswoman Melissa Baldauff said in a statement.

Evers’ reversal comes after the release Wednesday of a memo from the nonpartisan Legislative Reference Bureau that splashed cold water on the governor’s plans to withdraw Wisconsin from an ongoing multi-state lawsuit seeking to invalidate the ACA.

The memo, sent to Senate Majority Leader Scott Fitzgerald, R-Juneau, states there is no legal way for the new governor to fulfill his campaign promise to withdraw the state from the suit.

“There is thus no provision … allowing the governor to request, require or approve the attorney general to compromise or discontinue an action,” LRB attorney Sarah Walkenhorst wrote. “It is only the Joint Committee on…

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