Appeals Court Sides With Gov. Tony Evers Over Walker Appointments

Apr 9, 2019

Updated on April 9 at 4:52 p.m. CT

An appeals court on Tuesday sided with Democratic Gov. Tony Evers in declining to reinstate 15 people appointed by former Republican Gov. Scott Walker. State lawmakers had been holding off on confirming Evers’ appointments because of the dispute over whether the governor had the power to make the appointments. Republican lawmakers have said they expect the matter to end up before the Wisconsin Supreme Court.

Original Story March 27

A Wisconsin Appeals Court Tuesday sided with Republicans, and reinstated some laws passed during a lame-duck legislative session in December. The laws limit the powers of new Democratic Gov. Tony Evers and Attorney General Josh Kaul. 

The 3rd District Court of Appeals put on hold a ruling made last week by Dane County Judge Richard Niess.  He struck down the laws, saying legislators passed them during an illegal extraordinary session.

Wednesday's ruling means that while the legal fight continues, some but not all, lame-duck laws will remain in place. Dane County Judge Frank Remington on Tuesday invalidated some parts of the laws, after hearing arguments in a suit brought by several unions challenging them. Remington's ruling still stands.

Evers took some actions while Judge Niess' ruling was in effect, including rescinding 82 appointments made by Republicans during the lame-duck session. And Kaul moved to withdraw Wisconsin from a multistate lawsuit challenging the Affordable Care Act.