Today, the Wisconsin Supreme Court issued a ruling in the case of Evers v. Marklein that affects the oversight powers of the Joint Committee for Review of Administrative Rules (JCRAR). The court’s decision removes JCRAR’s ability to oversee administrative rules from state agency officials who are not elected.
In reaction to this development, Adam Neylon, Co-Chair of JCRAR, released a statement expressing concern over the implications of the ruling. He stated: “The Wisconsin Supreme Court’s recent decision strips the Legislature of its long-standing ability — through JCRAR — to pause or block administrative rules. This removes important protections for citizens, businesses, and anyone affected by government regulations, while granting unchecked power to Governor Evers and his agencies.”
Neylon emphasized that this change undermines the system of checks and balances in place within Wisconsin’s democratic framework. He added: “By gutting legislative oversight, the court has weakened the very foundation of our democratic system of checks and balances.”
He further pointed out that many state agencies have significant authority to establish rules and expressed concern about potential misuse: “Many Wisconsin state agencies have broad power to create rules. This new court ruling takes away the Legislature’s ability to protect the public from agencies using that power to push their own policy agendas however and whenever they see fit.”
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