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Tuesday, January 22, 2013

Law - Interesting separation of powers case from Wisconsin

Really catching up, here is a long Jan. 12, 2013 Milwaukee Journal Sentinel story that caught my eye. The headline to the long story: "Wisconsin Supreme Court race could shape several key rulings." The last item:

Administrative rules. In 2011, lawmakers changed state law to require that the governor sign off on all administrative rules. Though obscure, administrative rules have the force of law and contain more specifics than what is spelled out in state statutes on everything from environmental regulations to how elections are run.

A Dane County judge ruled in October that the law was unconstitutional as it relates to rules for the Department of Public Instruction. Those rules are in the purview of the state schools superintendent, who does not have to go through the governor to set them, the judge ruled.

Republican Attorney General J.B. Van Hollen is appealing the decision.

Posted by Marcia Oddi on January 22, 2013 09:07 AM
Posted to General Law Related