In Evers v. Marklein (2025 WI 36), how many affirmative votes—out of the ten-member Joint Committee for Review of Administrative Rules (JCRAR)—were sufficient to indefinitely block an administrative rule under Wis. Stat. §§ 227.19(5)(c),(d),(dm) and 227.26(2)(d),(im), delaying regulations that affect all 5.96 million Wisconsin residents? (Wis. Stat. § 13.56 (2024); Evers v. Marklein

Question

Accepted Answer

Prior to July 8, 2025, Wis. Stat. § 13.56 established a ten-member JCRAR—five senators and five representatives—tasked with legislative oversight of agency rules. Wis. Stat. §§ 227.19(5)(c),(d),(dm) and 227.26(2)(d),(im) empowered JCRAR to pause, object to, or suspend rules by a "majority vote of a quorum of the committee," meaning that of the six members needed for a quorum, just four votes could block a rule. In Evers v. Marklein (2025 WI 36), the Wisconsin Supreme Court struck down these provisions, holding that allowing four committee members—40% of JCRAR and only 3% of the full Legislature—to unilaterally veto rules violated Articles IV and V of the Wisconsin Constitution, immediately restoring agency action on stalled rules such as the conversion therapy ban and the commercial building code updates (, ).

Explanation

Sources

Related Questions