Greg Magarian, professor of law at the School of Law, doesn't see any constitutional roadblocks to recent movements by the Wisconsin and Michigan Republican-majority legislatures created to limit power of newly elected Democratic governors.
Perhaps recent court rulings redrawing district lines in some states, or even the mid-term election results, caused counter legislative acts in Wisconsin and MI, but while these will make governing for Democrats in those states more hard, they're not illegal, says a constitutional law expert at Washington University in St. Louis.
The GOP also won five of the eight U.S. House seats in the midterms.
Bridge magazine reports that a member of the State Board of Education has said they will sue if the board is approved. Tammy Baldwin, the Democrat incumbent.
The GOP headed State Senate in MI, electing mainly along party lines passed the bill that clears the incoming secretary of state of the authority to superintend crusade funding matters and transfers it to contemporary bipartisan enterprise. Currently, each county has the power to decide their early voting terms, and many Democrat-dominated counties have a six-week period to vote early.
After working into the early morning hours to ensure that the bills considered in the extraordinary session struck proper balance between the incoming Governor and the Legislative branch, I was unable to support a third proposal, SB 884.
A public policy analyst contends that Republicans would be very upset if Democrats did what the lame duck Republican leadership is doing in Wisconsin. Michigan Republicans have also passed last-minute bills to gut the minimum wage and paid sick leave.
The changes would also have a big impact on how the state's schools are managed.
Both Evers and Kaul urged Republicans not to do it and warned of lawsuits that would bring more gridlock to Wisconsin when the new administration, and the first divided government in 10 years, takes over.
Over 350,000 Michiganders signed petitions to place the initiatives on November's ballot, an effort rendered moot when they were passed by the legislature. All of this has been pushed through in only the last few days.
Democrats countered that the legislation is an unconstitutional overreach.
Secretary of State-elect Jocelyn Benson ran on a platform of election transparency, so the legislature basically changed the rules so that that is no longer included in her job description. The legislation also targets the authorities of incoming Democratic Attorney General Josh Kaul, who, like Evers, campaigned heavily on promises to expand health care and protect welfare programs.
Republicans dispute criticism that the legislation would undermine the role of the attorney general. For you to sign legislation that would go against the will of the voters is just plain wrong.
This move has scared moral watchdogs who have vociferated it power seize and has encouraged complaint amongst Democrats.