Seven Justices Rule Against ‘Unconstitutional’ GOP Plan

Wisconsin Attorney General Josh Kaul (left)

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

The Wisconsin Supreme Court has ruled that a law limiting Attorney General Josh Kaul’s powers is unconstitutional. He no longer needs approval from a GOP-led committee to settle lawsuits. The decision reinforces the separation of powers, and has drawn backlash from conservatives.

Josh Kaul is joined by Rachel Fox Armstrong

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

A Better Wisconsin Together Deputy Director Mike Browne said, “A unanimous Wisconsin Supreme Court ruled Republicans in the legislature don’t get to interfere in a core part of the job of State Attorney General just because voters elected a Democrat.”

Gov. Tony Evers during the 2025 Governor Fishing Opener

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

Passed in a lame duck session after Gov. Tony Evers and Kaul’s elections, the law reduced their powers and added legislative oversight. Though previously upheld by a conservative-majority Supreme Court, the latest ruling challenges legislative control over executive actions.

Gov. Tony Evers sits in on a group discussion

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

Browne said, “All seven justices worked together to protect our freedom. When we elect someone to represent us, they ought to be able to exercise the powers of that office under our state constitution.”

Wisconsin Supreme Court justice Brian Hagedorn

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

Browne added, “In this case, Republicans in the legislature engaged in a blatant power grab for no other reason than they didn’t like the decision of the voters of Wisconsin to elect a Democrat as Attorney General.”

Justice Brian Hagedorn is shown during oral arguments

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

Justice Brian Hagedorn stated that there is no constitutional basis for legislative involvement in executive settlements. Kaul praised the ruling as a rejection of unconstitutional legislative interference.

Josh Kaul makes remarks at the Wisconsin Democratic Convention

Wisconsin Attorney General Josh Kaul (left), Josh Kaul is joined by Rachel Fox Armstrong, Gov. Tony Evers during the 2025 Governor Fishing Opener, Gov. Tony Evers sits in on a group discussion, Wisconsin Supreme Court justice Brian Hagedorn, Justice Brian Hagedorn is shown during oral arguments, Josh Kaul makes remarks at the Wisconsin Democratic Convention

Kaul noted that the ruling “finally puts an end to the legislature’s unconstitutional involvement in the resolution of key categories of cases.”

Roger Anderson covers U.S. politics & news for content partner Modern Newsstand LLC.