State Supreme Court overrules Gov. Evers’ veto of GOP education bill; funds to be released

MADISON, Wis (CIVIC MEDIA) – The Wisconsin Supreme Court has handed a victory to the Republican-controlled Legislature in a power struggle with Democratic Governor Tony Evers.

Following the court’s decision to reject Gov. Evers veto of a bill that would invest $50 million into student literacy, the Joint Finance Committee (JFC) agreed to release the funds. JFC Co-Chairs Senator Howard Marklein and Representative Mark Born said in a statement that the governor’s actions were “unconstitutional.”

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. 

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.

The case tested both the limits of his broad veto powers and the Legislature’s ability to exert influence by controlling funding.

The court also agreed with the Republican-controlled Legislature and said it can put funding for certain state programs into an emergency fund under the control of its budget committee. Evers had argued such a move was unconstitutional.

Gov. Evers expressed his disappointment with the court’s decision and urged the GOP to follow through with the bill.

I will never apologize for fighting for our kids and our schools. Not today, not ever.  Nearly $50 million to help improve our kids’ reading has sat unspent in Madison for two years because Republican lawmakers have refused to release it. I have spent those two years fighting tirelessly to get Republicans to release those funds, including suing to force them to do so. 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. It is unconscionable that the Wisconsin Supreme Court is allowing the Legislature’s indefinite obstruction to go unchecked. 

Since the Wisconsin Supreme Court today declined to step in and end this indefinite obstruction, today I, again, urge Republicans to release the nearly $50 million investment to improve reading and literacy across our state—and to do so today before those resources expire at the end of this month. Failing to do so by that deadline would be reckless and irresponsible. Stop messing around with our kids and their futures and get it done.

State Superintendent of Public Instruction Dr. Jill Underly echoed Gov. Evers’ plea to the Senate.

It’s time to release the almost $50 million our schools were promised to help improve reading for kids. Schools invested based on the promise of funding and it’s time that promise is upheld. The plan I’ve submitted to the Joint Committee on Finance gives us the roadmap.

The ruling is the latest development in a contentious struggle between Evers and the state Senate. Discussions revolving around the capital budget had stalled on several occasions, as the two parties could not agree on polarizing issues, such as tax cuts and funding for education.

Tuesday, July 1 is the deadline for the proposed budget’s approval. Read Civic Media’s previous coverage on budget talks here.