Legal Analysis Says Governor Evers Can't Order Attorney General to Withdraw State from Federal Health Care Lawsuit
Thursday, January 24th, 2019 -- 10:06 AM
(AP) -A new legal analysis from an attorney who works for the Wisconsin Legislature says Gov. Tony Evers can’t order the attorney general to withdraw from a lawsuit seeking repeal of the federal health care law.The memo from a Legislative Reference Bureau attorney was sent Wednesday to Republican Senate Majority Leader Scott Fitzgerald. It comes a day after Evers announced in his State of the State speech that he was directing Attorney General Josh Kaul to get out of the lawsuit. A law passed by Republicans in last month’s lame-duck session gives that authority to the GOP-controlled Joint Committee on Finance.
The memo affirms that only that committee, and not the governor, can discontinue a lawsuit. Fitzgerald says “current law is very clear” and any action Kaul takes must follow the law.
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