Gov. Tony Evers is back in court against the Legislature’s powerful Joint Finance Committee, filing a fresh lawsuit that targets a 2018 lame-duck law he says hands lawmakers an unconstitutional veto over how the state Department of Justice settles civil cases. The complaint, filed April 7 in Dane County Circuit Court, reopens a familiar fight over separation of powers that has already landed before Wisconsin’s highest court more than once.
The new filing argues that a 2018 statute forces the DOJ to get Joint Finance Committee approval before resolving certain lawsuits, including challenges to federal agency rules, and blocks the department from entering settlement agreements that include injunctive relief without signoff from the committee. The lawsuit zeroes in on provisions adopted during the lame-duck special session that followed the 2018 election, as reported by Wisconsin Public Radio.
Supreme Court precedent
Evers’ legal team leans heavily on a June 17, 2025 Wisconsin Supreme Court ruling that already cut back the Legislature’s power to demand committee approval for certain executive branch settlements. In a unanimous opinion written by Justice Brian Hagedorn, the court concluded there is “no constitutional justification for requiring JFC sign-off on settlement agreements within these categories of cases,” according to the published decision from the Wisconsin Supreme Court.
What the complaint argues
The lawsuit says two remaining approval requirements from that same lame-duck law are still on the books and still improperly tangle the DOJ in partisan oversight. Evers and Attorney General Josh Kaul argue that this form of “legislative veto power” over executive branch decisions “violates the Wisconsin Constitution’s separation of powers,” according to Urban Milwaukee, which republished reporting by Wisconsin Public Radio.
Backstory: a recurring feud
This case is only the latest installment in a long-running turf war over how deeply lawmakers can reach into executive branch operations. Courts have already slapped down the Joint Finance Committee for using anonymous objections to freeze Department of Natural Resources conservation grants and other agency spending, as reported by the Wisconsin Examiner. Investigative reporting has also detailed how the committee’s passive-review process can operate as a kind of “pocket veto” that quietly kills or delays projects without any public hearing, according to Wisconsin Watch.
What’s at stake
If a judge sides with Evers, the DOJ would regain the ability to negotiate and finalize settlements, including those that seek injunctive relief, without first clearing the Joint Finance Committee. That would change how Wisconsin handles litigation over federal regulations and agency enforcement decisions. The case is widely expected to be appealed, which means the dispute could land back before the Wisconsin Supreme Court that issued the pivotal June 2025 ruling, according to the court’s published opinions.
Legal path forward
For now, the lawsuit will move through Dane County Circuit Court, with the losing side all but certain to take the fight to a higher court. Given the Supreme Court’s recent decisions trimming committee authority, the justices of the Wisconsin Supreme Court are likely to be the final referees if this showdown over settlement power reaches their docket again.
