A Dane County judge ruled Friday that lawmakers could not block administrative rules that had been through the rulemaking process and received approval from Gov. Tony Evers.

Evers and the Republican-led Legislature have been fighting over administrative rulemaking abilities for years. The Wisconsin Supreme Court decided in its July 2025 Evers v. Marklein II ruling that statutes allowing a legislative committee to pause or suspend administrative rules indefinitely were unconstitutional.

Following that decision, Evers started taking steps to implement 12 administrative rules he had previously approved,  without getting sign-off from legislative committees. Republican lawmakers responded by instructing the Legislative Reference Bureau (LRB) not to  publish any rule that hadn’t gone through a review by the Legislature. 

Evers sued in Sept. 2025 to block the lawmakers’ action.

Judge Nia Trammel granted Evers’ request for a declaration that LRB publish all administrative rules that have gone through the rulemaking procedures and have been approved by the governor.

In the ruling, Trammel said a rule can go into effect because there isn’t a statute prohibiting promulgation of a rule even if a standing committee has not completed a review and if one did exist it would be “facially unconstitutional.”

Trammel cited the state Supreme Court’s Marklein II decision, which found that “the ability of a ten-person committee to halt or interrupt the passage of a rule, which would ordinarily be required to be presented to the governor as a bill, is simply incompatible with Articles IV and V of the Wisconsin Constitution.”

“For the same reason, if the Court found that the standing committee had an ability to pause promulgation for up to sixty days, if not possibly months, it would also be unconstitutional,” Trammel wrote. 

Evers said in a statement that the decision is a win for Wisconsin and “our efforts to continue restoring the balance of power in Wisconsin.” 

“For far too long, the Republican Legislature had a gerrymandered majority that enabled them to undermine our constitutional separation of powers and give themselves outsized influence and power over state government,” Evers said. “A handful of lawmakers should not be able to singlehandedly bring the state to a standstill and stop good work from happening on behalf of the people of our state.”