Rare Agreement Between Governor Evers and Speaker Vos on Lawsuit Regarding State School Voucher System

Tuesday, November 21st, 2023 -- 11:01 AM

(AP) Democratic Gov. Tony Evers' administration and political opponent Republican Assembly Speaker Robin Vos are in the rare position of taking the same side in a lawsuit seeking to end Wisconsin's taxpayer-funded voucher school system, telling the Wisconsin Supreme Court that it should not take the case.

Vos and Department of Administration Secretary Kathy Blumenfeld, who was appointed by Evers, told the court in separate filings this week that the case should start at the circuit court level. The third defendant, Department of Public Instruction Secretary Jill Underly, took no position.

Underly, who was elected on a nonpartisan ballot, was backed by Democrats. Democratic opponents of the voucher program took a different position from Evers and asked the state Supreme Court to take the case directly. If it does, it would issue a ruling within weeks or months.

It would likely take two or three years for the case to work through the lower courts. Brian Potts, attorney for those challenging the voucher programs, said "it's incredibly disappointing" that Evers has aligned himself with Vos.

"We hope the Supreme Court sees through the difficult politics associated with this issue and decides to stand up to the Republican Legislature and protect Wisconsin’s public school children," Potts said Thursday.

Evers, who previously served as state superintendent of education, has been a longtime critic of the voucher program. But this summer, he agreed to increase spending on the program as part of a larger education funding package tied to a deal sending more money to Milwaukee and local governments.

The arguments from Vos and the Evers administration line up with other supporters of the voucher school programs, including Wisconsin Manufacturers and Commerce and the conservative Wisconsin Institute for Law and Liberty which is representing private schools, parents of students who attend them and other advocates of the program.

They argue that the case should start in circuit court, so the lower courts can determine an array of facts before the Wisconsin Supreme Court has to weigh in.

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