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Wisconsin Supreme Court justices question what's known as 'the 400 year veto'

Wisconsin Supreme Court
Wisconsin Eye
The Wisconsin Supreme Court prepares to hear a case Wednesday, Oct. 9, 2024.

A state budget veto last year by Democratic Wisconsin Gov. Tony Evers that extended — by 400 years — the end date for annual $325 increases in per-pupil spending limits for public schools in the state is getting a close look by the Wisconsin Supreme Court.

The seven justices heard oral arguments Wednesday in a taxpayer lawsuit challenging Evers changing the end date from the fiscal year 2024-25 to the year 2425.

Attorney during oral arguments before the Wisconsin Supreme Court.
Petitioners' attorney Scott Rosenow during oral arguments before the Wisconsin Supreme Court on Wednesday, Oct. 9, 2024.
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Wisconsin Eye
Attorney during oral arguments before the Wisconsin Supreme Court.

Petitioners’ lawyer Scott Rosenow said the state court has often looked at whether a governor has exceeded the powers of the office, but that the justices left one question unanswered: “May a governor use the partial veto power to extend a duration? The answer is no, and this court should hold that the 400 year veto is unconstitutional for two independent reasons."

Rosenow said those reasons are that Evers exceeded partial veto powers in the state constitution by not approving part of what the Legislature wrote and created a new word — "2425."

Colin Roth, the lawyer representing the governor, State School Superintendent Jill Underly and Wisconsin Secretary of State Sarah Godlewski, said he understands initial skepticism about the 400 year veto. But Roth pointed to his interpretation of several past court rulings.

 

Lawyer speaking before the Wisconsin Supreme Court
Wisconsin Eye
Attorney Colin Roth, who is representing Gov. Tony Evers, State School Superintendent Jill Underly and Wisconsin Secretary of State Sarah Godlewski, speaking to the Wisconsin Supreme Court.

“What the court has said is that the only test under the constitution, Article V, Section 10, (1) (b), is that a complete and workable law remains," Roth said.

Roth said the Legislature has other options for challenging a governor’s veto power. Those include beginning work on a proposed constitutional amendment to send to voters — one such effort is underway. Or, Roth said the lawmakers could override a veto, write laws differently or keep policy out of the budget bill.

But all of the  justices raised questions about the 400 year veto. If that signals they oppose it, at best for Evers, the veto language may be remanded or sent back to him for changes.

The oral arguments contained one very odd moment, when petitioners attorney Rosenow suggested if the justices kept their review simple, their decision could be as short as 20 paragraphs.

Their reply: laughter and comments including, “Have you read our opinions? We’re great at that.’’

 The laughter continued for about 15 seconds. Rosenow also laughed, and then said he meant 20 pages.

A ruling is expected in the next few months.

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