Wisconsin Supreme Court Will Take Case Over Evers’ Powers

The Wisconsin Supreme Court announced Friday it will hear arguments in a case that challenges the independence of state Superintendent of Public Instruction Tony Evers.

The May 15 arguments will be held just a few months before Justice-elect Rebecca Dallet is sworn into office, trimming the court’s 5-2 conservative majority to 4-3.

They also come at a time when Evers is one of several Democrats vying to defeat Gov. Scott Walker in November.

This case pits Walker against Evers in a couple ways.

A law Walker signed in 2011 required state agencies to get his office’s approval when they write administrative rules, which are the fine details of laws.

Evers argued that law did not apply to his agency because the superintendent of the state Department of Public Instruction is a constitutional office, and in 2016, the Wisconsin Supreme Court agreed.

But in 2017, Wisconsin Republicans passed new restrictions on administrative rules. The conservative Wisconsin Institute for Law and Liberty argued the new limits applied to Evers and asked the state Supreme Court to intervene. Friday’s announcement by the court means justices will consider the case.

Walker has also tried to block Evers from using his own attorney in this case.

Instead, Walker wants Evers to be represented by Republican Attorney General Brad Schimel, even though Schimel has said Evers’ interpretation of the new law is wrong.

The Wisconsin Supreme Court will also hear arguments on May 15 in that dispute.

Justices will also consider whether Walker needs to be a party to the lawsuit.