Court Rules Against Measure Letting Scott Walker Halt School Administrative Rules
A unanimous state appeals court on Thursday deemed unconstitutional a portion of a 2011 law that gave Gov. Scott Walker the ability to halt administrative rules by state schools Superintendent Tony Evers, who is independently elected. The ruling by the Madison-based District 4 Court of Appeals upholds a 2012 decision by Dane County Circuit Judge Amy Smith. Walker signed the law in May 2011, which gave his administration a greater say in writing administrative rules, which are used to implement state laws. Administrative rules include more specifics than state statutes and carry the force of law. The 2011 change required the governor to sign off on — or block — all administrative rules early in the process, even for agencies that are supposed to be independent. It also gave him a second chance to veto the rules before they were finalized. Previously, the rules were written by state agencies and reviewed by the Legislature before they could take effect.