Court Hears SEIU Arguments Relating to Legislative Role in Litigation

On Monday, the Wisconsin Supreme Court heard oral arguments in SEIU v. Vos. The case challenges the constitutionality of 2017 Wis. Act 369, which was passed as part of the extraordinary session laws last December.

SEIU argues Act 369 violates state separation of powers by giving the legislature exclusively executive authority. Specifically, Act 369 requires DOJ to get approval from the Budget Committee before settling civil lawsuits and allows the legislature to intervene in ongoing litigation.

The settlements provisions remain the most controversial, with an initial injunction from the circuit court preventing implementation stayed by the Supreme Court in April.

But legislative intervention also remains a hot topic. Pursuant to Act 369, the Wisconsin Legislature moved to intervene in several cases, including Clean Wisconsin v. DNR. The Supreme Court has signaled its unwillingness to go forward with the other cases until it addresses legislative intervention in SEIU.

The case currently awaits a decision.