The state’s highest court has signed off on the so-called “lame duck” actions of the legislature. The Wisconsin Supreme Court has upheld the Legislature’s authority to meet in extraordinary session. That’s a rejection of a challenge by of Democratic groups to Republican actions in December, which limited the authority of incoming Democrats, Governor Tony Evers and Attorney General Josh Kaul.

In the 4-3 ruling the court’s conservative majority concluded extraordinary sessions are constitutional and that the Legislature is the sole authority for its “self-imposed statutory or procedural rules” and only accountable to the voters for failing to follow them.

“Today’s decision is disappointing and, unfortunately, all too predictable. It is based on a desired political outcome, not the plain meaning and text of the constitution,” Governor Tony Evers said in a statement.

“The state constitution is clear. It limits when the legislature can meet to pass laws. Our framers knew that no good comes from lawmakers rushing laws through at the last minute without public scrutiny. The lame-duck session proves the framers were right. This was an attack on the will of the people, our democracy, and our system of government.”

“We are pleased by the Supreme Court’s common sense decision. The Court upheld a previously non-controversial legislative practice used by both parties for decades to enact some of the most important laws in the state<” Assembly Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald said in a joint statement.

“This lawsuit, pursued by special interests and Governor Evers, has led to an unnecessary waste of taxpayer resources. We urge the governor to work with the Legislature instead of pursuing his political agenda through the courts.”

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State Senate Majority Leader Scott Fitzgerald said Wednesday that he’s confident he’ll get the votes needed to pass the state budget in that chamber. “I’m talking to everybody. I don’t take any vote for granted, never have, that’s not how I operate,” Fitzgerald said. “You need to keep checking with people right up to the last minute. And obviously we’ll make that decision as to whether or not we’re ready to go to the floor and pass the budget next week.”

But as of Thursday morning, there are to “no” votes among Republicans in Fitzgerald’s caucus. Senators Steve Nass of Whitewater and David Craig of Waukesha both believe that the spending plan put together by Republicans on the Joint Finance Committee spends too much.

“I simply can’t deceive the taxpayers by voting for a budget that creates a significant structural deficit, generates the largest property tax hikes in a decade, contains unsustainable levels of excessive spending and authorizes an extremely offensive new vehicle miles-driven tax on motorists starting in 2023. This is not a conservative budget by any reasonable analysis. I will vote No,” Nass said in a statement on Wednesday.

“There’s no way on earth Wisconsinites are spending ten percent more n their households, in their businesses,” Craig said on WISN Radio Thursday morning. “The economy is improving, but the economy is not government proof.” Craig said he could accept a two percent spending bump, which he said is within the rate of inflation. Two more defections, and Republicans won’t be able to pass their in the Senate.

Both chambers of the legislature are expected to vote next week on the Republican budget, which Republicans leaders say is more conservative than what Governor Tony Evers proposed.

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Democrat lawmakers on the Joint Finance Committee vigorously opposed the Republican plan for tax cuts, as the budget panel concluded it’s work on Thursday. State Representative Chris Taylor said the budget should show Wisconsinites that the GOP cares more about big business than average citizens.

“You all have raised taxes on low and middle income working people by reducing the earned income tax credit and reducing the homestead tax credit. That’s what you’ve done.”

The total tax cut is less than half the size of the Democrats plan, but Governor Evers wanted to raise taxes on businesses to pay for lower income tax breaks.

Assembly Speaker Robin Vos said he’s optimistic that Governor Tony Evers will not veto the two year state budget. Vos spoke at a media briefing on Thursday, during which he contrasted the final JFC package with Evers’ originally proposed “Peoples Budget.”

“What did Governor Evers say, fix the damn roads? We’re doing that. What did he say, make sure we have a budget than can help children? We’re doing a kid friendly plus budget. He said make sure that we have the ability to take care of the most vulnerable. We’re doing that without expanding welfare. And we have enough resources left over that we prioritized a very large tax cut, that’s going to help every single family that pays taxes in the state.”

The GOP plan — including that $457 million tax cut over two years — now goes to the full legislature for consideration. Evers may then veto portions of it — or all of it.