A new legal battle is underway between Democratic Gov. Tony Evers and Republican leaders in the Legislature.

Evers and Attorney General Josh Kaul are suing the co-chairs of the Legislature’s powerful Joint Finance Committee to overturn a 2018 law that requires JFC approval of legal settlements involving the Wisconsin Department of Justice.

The law was passed by the Republican majority in the Legislature and signed by outgoing Gov. Scott Walker in December 2018 just before Evers and Kaul took office. It was among a group of laws that gave lawmakers increased power over executive branch actions, including control over aspects of the DOJ’s civil litigation.

In June 2025, the Wisconsin Supreme Court in a unanimous ruling held that the law was unconstitutional as applied to two categories of DOJ lawsuits.

The ruling stripped the JFC of the authority to intervene in DOJ settlements in suits on behalf of state agencies that enforce civil penalties, and settlements in other suits the DOJ files at the request of state agencies.

The new suit was filed April 7 in Dane County Circuit Court. Its existence was first reported Tuesday by Wisconsin Public Radio.

The lawsuit argues that it is unconstitutional for the Legislature to insert itself in settlements when the state itself, not just a state agency, is a plaintiff — for example, if DOJ sues a federal agency on behalf of the state to challenge a federal regulation.

In addition it argues that lawmakers don’t have the right to intervene when the state is a defendant in a lawsuit and the settlement would not require the appropriation of additional funds. An example could be representing the Department of Corrections in a lawsuit brought by a prisoner charging a civil rights violation.

The suit names the Joint Finance Committee as well as co-chairs Sen. Howard Marklein (R-Spring Green) and Rep. Mark Born (R-Beaver Dam). The lawmakers did not immediately respond to requests for comment Wednesday.

Citing the 2025 ruling, the lawsuit argues that the Legislature only has a potential role in resolving a civil suit if the resolution requires lawmakers to enact a new law or the Legislature is a client in the litigation.