ON-Lion Letter
In July, on behalf of former Wisconsin State Assembly Speaker Scott Jensen and former State Rep. Jason Fields, the Wisconsin Institute for Law & Liberty (WILL) in Milwaukee filed an amicus curiae, or "friend-of-the-court," brief in support of 2011 Act 21, which allows the governor to veto proposed rules from government agencies.  The brief, accompanied by a motion asking the court to accept the brief, was filed in the state Court of Appeals District IV.

Last October, the Dane County Circuit Court held that Act 21, as applied to the Superintendent of Public Instruction, violated the Wisconsin Constitution's Article X, Section 1, which grants the Superintendent the duty of supervision of public instruction. 

"In its holding, the Dane County Circuit Court made the unfounded claim that the Superintendent has a constitutional right to make public policy," said CJ Szafir, a WILL associate counsel.  "But we know from history that this cannot be.  Like other non-supervisory powers, the legislature gave the Superintendent the ability to make rules, so they are well within their right to put restrictions on rulemaking -- or even take it away completely."

WILL filed the brief on behalf of Jensen, a Republican, and Fields, a Democrat, because they wanted to protect the integrity of the legislature to be able to pass constitutional reform of the rulemaking process, such as Act 21.  It can be downloaded online here.

Milwaukee's Lynde and Harry Bradley Foundation substantially supports WILL.
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