Kaul Asks Lawmakers For Permission To Leave ACA Lawsuit

Democratic Attorney General Josh Kaul has asked the Republican co-chairs of the Legislature’s budget committee for permission to withdraw Wisconsin from the multi-state lawsuit to overturn the Affordable Care Act.

In a letter to Gov. Tony Evers, Kaul said the Wisconsin Department of Justice didn’t have the power under the law to withdraw from the case without approval from the Joint Committee on Finance. Kaul made that request official Thursday in a separate letter to state Sen. Alberta Darling, R-River Hills, and state Rep. John Nygren, R-Marinette.

“I respectfully request that a vote on this matter be held promptly,” Kaul told the Republican co-chairs of the budget committee.

Thursday’s moves came after Evers asked Kaul to withdraw his support for the ACA lawsuit and announced in his State of the State address Tuesday that he was “directing” Kaul to drop the case.

Evers softened his stance on Wednesday after an attorney for the nonpartisan Legislative Reference Bureau wrote that Evers lacked the authority to “request, require or approve the attorney general” to leave the ACA lawsuit. Evers’ office said later that day that he hadn’t “directed” Kaul to take any specific course of action, but was simply withdrawing his support for the case.

The entire dispute revolves around changes Republicans made during a lame-duck session of the Legislature in December.

Evers and Kaul both campaigned extensively on ending Wisconsin’s participation in the multi-state lawsuit to overturn the ACA, but one of the laws Republicans passed took away their power to leave federal cases without the approval of the Legislature’s budget committee.

It was Evers’ office, and not Kaul’s, that announced the attorney general’s plans on Thursday. Evers spokeswoman Melissa Baldauff called the procedural challenges a Republican distraction.

“Republicans know that people don’t support their plans to gut the Affordable Care Act and are desperate to change the conversation,” Baldauff said in a statement. “But the real story isn’t complicated — the governor is ready to move forward with protecting the health care of millions of Wisconsinites.”

Kaul’s office didn’t respond to a request for comment.

Republicans have a 12-4 majority on the Joint Finance committee, and GOP lawmakers have consistently supported efforts to overturn the law known as Obamacare.

Still, GOP leaders did not say Thursday how they would proceed with Kaul’s request.

“Assembly Republicans supported Gov. Walker and Attorney General Schimel when they filed the lawsuit against Obamacare,” said Assembly Speaker Robin Vos, R-Rochester. “Our caucus has not discussed the new request.”

Also Thursday, Marquette University released a poll showing 48 percent of voters support dropping the ACA lawsuit compared to 42 percent who want the state to remain in the case.

The federal judge handling the lawsuit in Texas ruled in favor of plaintiffs in December, striking down the entire ACA in the process. That ruling was put on hold while the case is being appealed.