Constitutional Authority – Veto Powers

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WI Supreme Court

Case Name: Wisconsin Small Business United, Inc., et al., v. Joel Brennan, et al.,

Case No.: 2020 WI 69

Focus: Constitutional Authority – Veto Powers

This is an original action challenging whether two partial vetoes in the 2017-19 biennial budget exceeded the governor’s constitutional authority. While the respondents defend the vetoes on their merits, they also contend this challenge is too late and should be barred by the equitable doctrine of laches. We agree that laches should be applied here. The respondents have proved the three elements of a laches claim——unreasonable delay, lack of knowledge a claim would be brought, and prejudice. And given the reliance interests at stake and the need for stability and certainty in the enactment of state budget bills, we exercise our discretion to apply laches based on the facts of this case. Accordingly, we dismiss the original action.

Denied

Concur:

Dissent: REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which KELLY, J., joined.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.