Tony Evers reverses course on withdrawing from Affordable Care Act lawsuit
"The governor has not directed the attorney general to take any specific course of action, he has simply withdrawn his authority for this lawsuit," Evers spokeswoman
Evers' reversal comes after the release Wednesday of a memo from the nonpartisan
The memo, sent to Senate Majority Leader
"There is thus no provision ... allowing the governor to request, require or approve the attorney general to compromise or discontinue an action," LRB attorney
Evers in Tuesday's State of the State address clearly stated he would seek to end the state's participation in the lawsuit.
"I'm announcing tonight that I have fulfilled a promise I made to the people of
Evers' proposal drew immediate ire from
"If you're going to direct the top cop in
Assembly Speaker
"This was the story statewide today and now after it's found to be illegal they are saying they never said it?" he wrote on Twitter.
Evers used different wording in a letter to Kaul, stating, "I am immediately withdrawing the authority previously provided under (state law) for
Under previous law, Evers would have had the authority to withdraw the state from the suit. But that all changed after
Kaul after the State of the State address declined to provide detail on if and how he would withdraw the state from the lawsuit, except to say that the
A Kaul spokeswoman did not respond to a request seeking comment on whether Kaul is still reviewing options to get out of the lawsuit.
UW-Madison law school professor
Evers or Kaul could argue the provision in the lame-duck law requiring
Or, they could argue the law doesn't apply to a withdrawal from the suit.
Because
"There might be disagreement about exactly which types of litigation decisions fall within the phrase 'compromised or discontinued,'" Seifter said.
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