There could be legal challenges, to portions of the Republican “lame duck” legislative agenda. “Everything’s on the table to stop this pernicious attack on our democracy, said state Representative Chris Taylor, a Madison Democrat. “I think absolutely there are probably going to be some legal challenges.”
Under provisions of Republican legislation passed by the extraordinary session, lawmakers will have the ability to hire their own attorneys to file litigation for the state, a role previously taken by the attorney general.
Assembly Speaker Robin Vos said he’s not worried. “I believe, and the advice that I have been given is, everything that we have done has been within the bounds of the constitution, and I think it will be found that way. But of course they have the right, that’s our process.”
Incoming attorney general Josh Kaul predicts Republican efforts to restrict the power of the AG’s office will end up in court. “Probably there will be multiple litigations that result from this, maybe in multiple courts,” he said. “And one of the impacts of this is that the state is going to be mired in litigation in 2019.”
In additions to the changes to the attorney general’s role, Republican lawmakers would gain full control of the Wisconsin Economic Development Corporation, and the Legislature could block the new governor’s ability to write new regulations.