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As co-chair of the legislature's Joint Committee on Finance, Marklein was the named defendant in a major 2024 Wisconsin Supreme Court lawsuit (Evers v. Marklein) that ruled the committee's use of a legislative veto to block conservation land purchases was unconstitutional. Background on this case is as follows.
In a recent decision by the Wisconsin Supreme Court entitled Tony Evers v. Howard Marklein. The court decided that the Wisconsin Legislature had attempted to take control of one of the “core powers” assigned by the Wisconsin Constitution exclusively to the Executive Branch. Senator Marklein and his Republican brethren had unconstitutionally attempted to exercise authority given exclusively to the governor.
The case involved statutes that allowed the legislature’s Joint Finance Committee headed by Senator Marklein to require the WI DNR to notify members of that committee when a proposed expenditure under the Knowles Nelson Stewardship program would exceed $250,000. In such cases, the committee would then have the right to block the expenditure until the committee held a meeting on the project, and nothing in the statute(s) specified when the committee was required to meet. The court held that “while the legislature possesses the power to determine whether and how to fund the land acquisition portion of the [Knowles Nelson Stewardship] program, the constitution does not empower the legislature to participate in the execution of the law, nor can it give itself such authority.”
Of course, having lost this attempt to limit use of these funds, the Republican-led legislature has since simply decided not to renew funding it at all, thus bringing to a jarring end a program that has been vital to the preservation of our beautiful state’s many natural places.
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