XPost: wi.general, alt.usage.english, alt.education
XPost: alt.fan.rush-limbaugh, sac.politics

https://wisconsinexaminer.com/2025/06/25/wisconsin-supreme-court-strikes- down-gov-tony-evers-partial-veto-of-literacy-law/

The Wisconsin Supreme Court ruled unanimously Wednesday that Gov. Tony
Evers overstepped his partial veto power by exercising it on a bill to implement new literacy programs in the state. Evers scolded the decision,
while lawmakers said it upheld the balance of power and that they plan to release the funds now.

The decision reverses a lower court, which ruled Evers hadn�t overstepped
his power but held that the court did not have the power to compel the Legislature to release the funds.

The case, Wisconsin State Legislature v. Wisconsin Department of Public Instruction, involves 2023 Wisconsin Act 100 � one part of a series of
measures meant to support the creation of new literacy programs in
Wisconsin.

In the 2023-25 budget, lawmakers and Evers approved $50 million for new literacy programs but the funding went into a supplemental fund, meaning
it required the Republican-led Joint Finance Committee to approve its
release to the Department of Public Instruction before it could be used.

2023 Wisconsin Act 20 created an Office of Literacy within the Department
of Public Instruction, which would be responsible for establishing an
early literacy coaching program and awarding grants to schools. Act 100
was a separate law to create a way for the agency to expend the money transferred by the Joint Committee on Finance.

Evers exercised a partial veto when signing Act 100 into law to expand it
from covering a �literacy coaching program� to covering a �literacy
program.� The action led to lawmakers withholding the funding, saying he
didn�t have the authority to change the law�s purpose, the argument at the center of their subsequent lawsuit. Evers� administration had argued the
bill was an appropriation, and therefore it was within the governor�s
powers to partially veto it, and that the Legislature was not within its
right to withhold the money.

The Wisconsin Supreme Court ruled the Legislature had not been improperly withholding the funding from DPI and that Act 100 was not an
appropriation, so Evers overstepped the boundaries of the veto power given
to him in the Wisconsin State Constitution. The decision overturns part of
the ruling of a Dane County judge.

The state constitution gives the governor the power to sign or veto bills
in full, and a 1930 amendment gave the governor the power to partially
veto �appropriation bills.� Wisconsin�s executive partial veto power is
one of the strongest in the country, though it has been limited over the
last several decades by constitutional amendments and through Court
rulings.

The state Supreme Court�s 7-0 ruling Wednesday reigns in Evers� partial
veto power.

Justice Rebecca Bradley wrote in the majority opinion that the bills �did
not set aside public funds for a public purpose� but rather �created
accounts into which money could be transferred to fund the programs
established under Act 19 [the state budget] and Act 20, and it changed
other aspects of the �literacy coaching program.��

�The bill, however, does not set aside any public funds; in fact, it
expressly states that �$0� was appropriated,� Bradley wrote.

Bradley said it was within the Legislature�s authority to pass the bills
in the way that it did, and the Constitution only gives the governor power
to �veto in part only appropriation bills � not bills that are closely
related to appropriation bills.�

�Although the executive branch may be frustrated by constitutional limits
on the governor�s power to veto non-appropriation bills, the judiciary
must respect the People�s choice to impose them,� Bradley wrote. �This
court has no authority to interfere with the Legislature�s choices to
structure legislation in a manner designed to insulate non-appropriation
bills from the governor�s exercise of the partial veto power.�

Under the ruling, the law will revert to what it was when the Legislature passed it.

Another recent state Supreme Court ruling upheld another of Evers� partial vetoes that extended school revenue increases for 400 years, though that decision was split. In that ruling, the Supreme Court said lawmakers could avoid the partial veto power by drafting bills separate from appropriation bills. Republican lawmakers have been considering for years ways to limit Evers� veto power, and it remains an issue of controversy in the current
budget process as lawmakers pass bills without funding attached.

Evers called the Supreme Court decision �unconscionable� and urged
lawmakers to release the nearly $50 million.

�Twelve lawmakers should not be able to obstruct resources that were
already approved by the full Legislature and the governor to help get our
kids up to speed and ensure they have the skills they need to be
successful,� Evers said in a statement. �It is unconscionable that the Wisconsin Supreme Court is allowing the Legislature�s indefinite
obstruction to go unchecked.�

Evers said he would accept the Court�s decision.

�A basic but fundamental responsibility of governors and executives is to dutifully comply with decisions of a court and the judiciary, even if �
and, perhaps most importantly, when � we disagree,� Evers said.

Evers said lawmakers failing to release the funds would be �reckless� and �irresponsible.�

�Stop messing around with our kids and their futures and get it done,�
Evers said.

Assembly Speaker Robin Vos (R-Rochester) and Senate Majority Leader Devin LeMahieu (R-Oostburg) said in a joint statement that the ruling is a
�rebuke of the Governor�s attempt to break apart a bipartisan literacy-
funding bill and JFC�s constitutional authority to give supplemental
funding to agencies.�

�While the Governor wanted to play politics with money earmarked for kids� reading programs, it is encouraging to see the Court put an end to this
game,� Vos and LeMahieu said. �Wisconsin families are the real winners
here.�

The end of the state�s fiscal year and deadline for getting the next state budget done is June 30, and if the money isn�t released, it will lapse
back into the general fund going back to the state�s $4 billion budget
surplus.

Co-chairs of the Joint Finance Committee Rep. Mark Born (R-Beaver Dam) and
Sen. Howard Marklein (R-Spring Green) said in a joint statement they plan
to release the funds now that the Supreme Court has ruled on the issue

�The Supreme Court�s unanimous decision confirmed what we already knew:
the Governor�s partial veto of Act 100 was unconstitutional. We are happy
to see that the court ruled in favor of the Legislature as a co-equal
branch of government and provided us much needed guidance,� the lawmakers
said. �Now that there is clarity, we look forward to releasing the $50
million set aside to support kids struggling to read and help implement
these important, bipartisan reforms. It is unfortunate that the Governor�s unconstitutional veto has delayed this funding needed by kids and families across the state.�

At a press conference Wednesday afternoon, Democrats on the Joint Finance Committee called for lawmakers to meet before Monday to release the funds.

�Unless the Joint Finance Committee acts before Monday, those kids and
those school districts will not see another dime. Wisconsinites are tired
of Republicans playing politics with our public schools,� Rep. Deb Andraca (D-Whitefish Bay) said. She noted that Evers had requested an additional
$80 million for literacy in his budget proposal, but lawmakers have so far
not included that.

Republican lawmakers have approved the K-12 portion of the state budget,
which includes an increase for the state�s special education reimbursement
rate from about 32% to 37.5% and a 90% rate for high cost special
education in the second year of the budget, along with funding for other priorities. Democrats and education advocates have been critical, saying
that the budgeted amounts are not enough to ease the financial burdens
public schools are facing.

Rep. Tip McGuire (D-Kenosha) said Democrats haven�t heard from Republican lawmakers about working on the budget.

�We are ready to work,� Sen. Kelda Roys (D-Madison) said. �We would like
to see immediately some action on the funding that is going to disappear
if it�s not spent by June 30th, particularly the literacy funding. The
Joint Finance Committee has also refused to release other funds, including
$125 million to combat PFAS and $15 million to support Chippewa Valley hospitals.

Roys said it was �great to hear� that the co-chairs said they would
release the funds and that she hopes he �stands by his word.�

State Superintendent Jill Underly also urged the release of the funds,
saying part of the compromise struck by Evers and lawmakers was �to
provide districts with funding to implement new strategies and change practices� and districts have been working to implement the literacy
changes but have yet to see funding.

�It is devastating that despite bipartisan agreement on how to proceed, we
have been stuck in neutral,� Underly said.

Peggy Wirtz-Olsen, president of the Wisconsin Education Association
Council (WEAC), the state�s largest teachers� union, said in a statement
that Republican lawmakers are �bent on using schools as pawns for
political payback� and are giving �lip service to literacy, while leaving educators without funding to do our job.�

�On the cusp of another state budget, these same politicians again
threaten to underfund public schools instead of working across the aisle
for the good of students,� Wirtz-Olsen said, adding that WEAC will
continue to advocate for funding from the state.


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