AG Kaul sues Wisconsin over separation of powers

Wisconsin Attorney General Josh Kaul is in a legal battle with the state of Wisconsin. The state Supreme Court heard oral arguments in the case on Wednesday. Kaul argues that Republican lawmakers gave themselves too much oversight of Department of Justice cases with “lame duck” laws enacted six years ago. In late 2018 during a lame duck session, Republicans pushed back against the Democrats, stripping powers from then-Governor-elect Tony Evers and Attorney General-elect Kaul. Then Governor Scott Walker signed three bills into law before leaving office. One bill requires the attorney general to get approval from the Joint Finance Committee (JFC) before filing lawsuits on behalf of the state. The law also gives the JFC a say over how funds from state settlements are spent. Republicans have called the actions consistent with the state’s separation of powers, a claim that AG Kaul has challenged. Kaul’s arguments are specific to two case types: enforcement action cases and cases representing an executive branch agency. He said the legislature should not be able to interfere in those case settlements. In Wednesday’s press conference, Kaul also emphasized that the Josh Kaul v. State of Wisconsin case is all about supporting the separation of powers — which he noted can be abstract.