Conservative group challenges DPI’s rule-making authority

Conservative group challenges DPI’s rule-making authority
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10. Attorney

A conservative law firm is again challenging the state Department of Public Instruction’s powers.

The Wisconsin Institute for Law and Liberty asked the state Supreme Court on Monday to take its lawsuit challenging DPI’s authority directly without letting move through lower courts.

WILL alleges a Republican law passed this summer nicknamed the REINS Act requires the Department of Administration and the governor’s office to sign off before state agencies can write administrative rules. The firm claims that DPI has been drawing up rules without permission.

The Supreme Court in 2016 ruled 4-3 that the state schools superintendent has the authority to write rules independently. WILL’s lawsuit asks the court to re-examine that ruling with the new REINS Act in mind.

DPI spokesman Tom McCarthy didn’t immediately return a message.