“The constitution creates the role of a state superintendent and gives the superintendent authority to supervise public instruction. That is all the constitution confers upon the superintendent,” Bradley wrote. “The majority creates a dangerous precedent. It brandishes its superintending authority like a veto over laws it does not wish to apply. In doing so, it thwarts the will of the people.”
She said if Evers does not like state laws on how state agencies are represented, “he should take it up with the Legislature to amend them.”
Evers is the only Democrat to oversee a major state agency and he and previous Democratic DPI chiefs have been at odds with Republican governors going back to the 1990s and prevailed in each challenge to their authority.
Evers called the court’s decision a win for common sense and said he expects more challenges to the office’s authority.
“Yipee!” Evers said. “The idea of having no say so in your defense in court makes no sense to anybody — it was good to have common sense prevail.”
Johnny Koremenos, spokesman for DOJ, said though DOJ would not be representing a party in the case, the department would file briefs with the court to argue Evers should be subject to the new law.
Koremenos also said the ruling was narrow and did not give Evers the authority to choose his own lawyer in future cases.
Much more on long time Wisconsin DPI Superintendent Tony Evers, here.