State Supreme Court Strikes Down Evers' Use of Line-Item Veto on a Literacy Coaching Program Bill

The Wisconsin Supreme Court ruled unanimously on Wednesday that Gov. Evers didn’t have the authority to use his line-item veto on a bill meant to create a literacy coaching program.

The legislature set $50 million in the last state budget (Act 19) for a literacy coaching program that it had not yet created. It created that program about a year later in a separate bill, which became Act 100.

Gov. Evers used his line-item veto to strike out requirements that DPI use literacy coaching program funds on the literacy coaching program. However, the state constitution only allows the governor to use his line-item veto on appropriations bills. The bill that created the literacy coaching program was not an appropriations bill, because it did not include any appropriations. It simply created the program. That meant that Evers’ line-item veto attempt in Act 100 was unconstitutional.

When DPI asked the legislature for the $50 million, the legislature refused because it said Act 100 was unconstitutional. DPI and Governor Evers said that the legislature didn’t have the authority to withhold the funds. This argument led to both sides filing lawsuits, which eventually wound up in front of the state supreme court.

Evers had every reason to be optimistic. The supreme court had recently upheld his absurd 400-year-line-item veto stunt. He could not have been more wrong. The supreme court ruled unanimously against Evers. Conservative Justice Rebecca Bradley wrote the majority opinion.

“We hold the governor breached his constitutional boundaries because the bill he partially vetoed was not an appropriation bill.,” Bradely stated. “We also hold JCF did not improperly withhold funds the legislature appropriated to JCF.”

Despite the admonishment, Gov. Evers doubled down stating “Nearly $50 million to help improve our kids’ reading has sat unspent in Madison for two years because Republican lawmakers have refused to release it. I have spent those two years fighting tirelessly to get Republicans to release those funds, including suing to force them to do so.”

Afterwards, Sen. Eric Wimberger stated, “Governor Evers attempted to take the power over the purse away from the Legislature, and the Supreme Court stopped him. He used a literacy program aimed at helping struggling kids as an opportunity to play politics, try to redefine the word ‘appropriation,’ and become both the executive and legislative branches.”

Joint Committee on Finance co-chairs Sen. Howard Marklein and Rep. Mark Born reacted to the news by writing, “Now that there is clarity, we look forward to releasing the $50 million set aside to support kids struggling to read and help implement these important, bipartisan reforms. It is unfortunate that the Governor’s unconstitutional veto has delayed this funding needed by kids and families across the state.”