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Wisconsin Supreme Court strikes down Republican law weakening attorney general's power

Wisconsin Supreme Court strikes down Republican law weakening attorney general's power

CBS News3 days ago

A unanimous Wisconsin Supreme Court sided with the Democratic state attorney general Tuesday in a long-running battle over a law passed by Republicans who wanted to weaken the office in a lame duck legislative session more than six years ago.
The court ruled 7-0 that requiring the attorney general to get permission from a Republican-controlled legislative committee to settle certain lawsuits was unconstitutional. The law is a separation of powers violation, the court said.
The Republican-controlled Legislature convened a session in December 2018 after Democratic Gov. Tony Evers and Democratic Attorney General Josh Kaul defeated Republican incumbents. The laws signed by Republican Gov. Scott Walker on his way out the door weakened powers of both offices.
At issue in the case decided Tuesday was the attorney general's power to settle lawsuits involving environmental and consumer protection cases as well as cases involving the governor's office and executive branch. The new law required the Legislature's budget committee, which is controlled by Republicans, to sign off on those settlements.
The Wisconsin Supreme Court in 2020, when controlled by conservatives, upheld all of the lame duck laws and ruled they did not violate the separation of powers principle. But the ruling left the door open to future challenges on how the laws are applied.
Kaul sued that year, arguing that having to seek approval for those lawsuit settlements violates the separation of powers between the legislative and executive branches. The Legislature argued that lawmakers have an interest in overseeing the settlement of lawsuits and that the court's earlier ruling saying there was no separation of powers violation should stand.
Dane County Circuit Judge Susan Crawford, who won election to the state Supreme Court in April and will be joining the court in August, ruled in favor of Kaul in 2022 saying the law was unconstitutional. A state appeals court overturned her ruling December, saying there was no separation of powers violation because both the executive and legislative branches of government share the powers in question.
The Supreme Court on Tuesday said the Legislature cannot "assume for itself the power to execute a law it wrote."
There is no constitutional justification for requiring the Legislature's budget committee to sign off on court settlements at issue in the case, Justice Brian Hagedorn wrote for the court.
Kaul praised the ruling, saying in a statement that the decision "finally puts an end to the legislature's unconstitutional involvement in the resolution of key categories of cases."
Republican legislative leaders who defended the law had no immediate comment Tuesday.
The win for Kaul comes as Evers has been unsuccessful in overturning numerous law changes affecting the power of the governor. He's proposed undoing the laws in all four state budgets he's proposed and courts have upheld the laws when challenged.

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Community demands answers after West Baltimore arabber shot, killed by Baltimore City police
Community demands answers after West Baltimore arabber shot, killed by Baltimore City police

CBS News

time37 minutes ago

  • CBS News

Community demands answers after West Baltimore arabber shot, killed by Baltimore City police

There are renewed calls for answers and for police to release body camera footage after a well-known West Baltimore arabber was shot and killed by police earlier this week. Bilal "BJ" Abdullah Jr., who was shot and killed by Baltimore police on Tuesday, June 17, was a popular arabber, who sold produce on a horse-drawn cart in the city, according to community members. Abdullah allegedly shot a veteran police officer in the foot as three officers opened fire on him, according to a preliminary report from the Maryland Attorney General's Office. Abdullah, who was shot in the exchange of gunfire, was pronounced dead at the hospital. "Justice for BJ" rally in Upton Many neighbors who rallied in Upton are demanding more from the city's police department. Protestors rally for local arabber Bilal "BJ" Yusuf-Muhammad Abdullah Jr. who was shot and killed by Baltimore City police on Tuesday, June 17. Matthew Callahan "Baltimore City police, we look to them to support and protect us, and they took my brother away," Abdullah's sister said at the rally. "We want justice. Those officers knew what they wanted to do. They knew, and we just want justice." Meanwhile, the community is still shocked and remains concerned. "Are we free? Or is it a mirage or a dream still? This represents our freedom is in jeopardy every day, and it's not about one community, or one race of people, it's about all people," Tenecia Brown, ambassador of the Baltimore Peace Movement, said. "The truth reveals justice, and once the truth is revealed, justice will be served." "We must stand together, and we have to show solidarity, and we have to begin this long path of learning to work together. So, we can meaningfully resolve these kinds of problems in our society," Rachel Viqueira said at the rally. Police Accountability Board holds "emergency meeting" The Baltimore City Police Accountability Board held an emergency meeting Friday night, which one board member called rare. They said the meeting was in response to the outrage expressed by neighbors in Upton. The board says it investigated 17 complaints in the Upton neighborhood last year and is expecting another complaint to be filed in this case. It is calling for more independent investigative power. "We would like the ability to question more folks, to be able to subpoena folks, to be able to gather more information," Jamal Turner, president of the Police Accountability Board, said. Attorney General identifies involved officers The Independent Investigations Division (IID) of the Maryland State Attorney General's Office (AG) has released the names of the officers and the man involved in Tuesday night's fatal shooting in Baltimore City's Upton neighborhood. Officials confirmed that Bilal "BJ" Yusuf-Muhammad Abdullah Jr., 36, was the man shot and killed by Baltimore City police on Tuesday, June 17, just before 7:30 pm. The State Attorney General's Office said the Baltimore City Department (BPD) officers involved in the shooting have been identified as: Detective Devin Yancy, an 8-year veteran of the department; Detective Omar Rodriguez, a 6-year veteran of the department, both assigned to the Group Violence Unit; and Officer Ashely Negron, a 7-year veteran of the department. According to The Baltimore Banner, charges were not brought against Det. Yancy in a 2023 vehicle pursuit. The Banner says Yancy was pursuing a stolen car when the driver later blew through a red light, hit another vehicle, struck a man, and crashed into a vacant building, which partially collapsed. Yancy was one of four officers following the stolen car. A lieutenant called off the chase, and Yancy began to decelerate and followed one block behind the car. That's when the vehicle ran the red light and crashed. Fraternal Order of Police says suspect "escalated" While the community is calling for the officers to be held accountable, the Baltimore City Fraternal Order of Police said in a statement that Abdullah chose to escalate the situation by pulling out a gun and firing at police. "The citizens of Baltimore need to decide whether they want law and order or chaos," the statement read. The police accountability board says it hopes body camera video is released next week, but that remains up to BPD and the Attorney General's office. Attorney General's preliminary report A preliminary investigation report from the Independent Investigations Division (IID) of the Maryland Office of the Attorney General (AG) revealed that Baltimore City Police Department (BPD) officers in an unmarked cruiser were in the area when they encountered an adult man standing at the corner, carrying a crossbody bag on his back. The man began walking away and the officer followed, according to the AG's report. The man was wearing a crossbow bag on his back when police attempted to stop him near the intersection of Pennsylvania Avenue and Laurens Street. He reportedly led officers on a chase, and during a struggle, shot an officer in the foot, according to police. Police said that as an officer grabbed the man, a gunshot was fired, which prompted the officers to take cover. That's when the man allegedly pointed a gun at the three officers, who shot the man. The officer is recovering after he was released from the hospital following surgery, police said. "A man ran from officers, and a brief truffle ensued," Baltimore Police Commissioner Richard Worley said. "At some point, the male broke away, multiple officers returned fire, striking the man." What is an arabber? An arabber is a street vendor who sells fruits and vegetables from a horse-drawn cart. It used to be more common in cities along the U.S. East Coast and has a long history in Baltimore as a source of fresh produce in food deserts across the city. However, arabbers are working to stay active on the streets of Baltimore. Holden Warren, the former president of Baltimore's Arabber Preservation Society and co-founder of Stable Baltimore, a nonprofit dedicated to healing and horse culture, said he was working with Bilal "BJ" Abdullah Jr. to revive arabbing.

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