The law in question has been wrapped up in a yearslong debate over separation of powers that has made its way to justices in recent years, said Bryna Godar, a staff attorney at the State Democracy Research Initiative at the University of Wisconsin-Madison Law School. In many of those cases, the Supreme Court opinions have shown the justices interested in balanced branches of government.
“There seems to be an inclination to reinstate greater separation of powers between the branches and preserve the important roles of various actors, whether that’s the attorney general or the governor or the Legislature,” Godar said.