Wisconsin Republicans seek to join lawsuit challenging Biden stimulus provision on tax cuts

MADISON - Republican lawmakers in Wisconsin took steps this week to join with other states in a lawsuit challenging an aspect of President Joe Biden's stimulus package that limits state tax cuts.

Legislative leaders agreed Thursday to hire attorneys at taxpayer expense to participate in the case, continuing their practice over the last two years of using private lawyers instead of leaving litigation decisions to Democratic Attorney General Josh Kaul.

Biden's $1.9 trillion American Rescue Plan is providing states with nearly $200 billion in aid to fight the coronavirus pandemic and revive the economy. It includes a provision that bars states from using the federal help to offset tax cuts. 

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That part of the legislative package prompted 13 states to sue the administration in March, saying the limit is too restrictive.

Now, top Wisconsin Republicans are trying to join that lawsuit.

Assembly Speaker Robin Vos of Rochester and Senate President Chris Kapenga of Delafield on Wednesday asked a committee of leaders of the two houses to approve the hiring of attorneys. The committee on Thursday approved the measure 6-4, with all Republicans in favor and all Democrats against. 

The measure gives Vos and Senate Majority Leader Devin LeMahieu of Oostburg the power to hire attorneys and ask a federal court in Alabama to let them join the case. Other legislators won't get a say in what law firms to use or how to handle the case. 

Republicans have used private attorneys in recent years to participate in lawsuits over redistricting, abortion, environmental policies and lame-duck laws that limited the powers of Kaul and Democratic Gov. Tony Evers. Often they have paid their attorneys $500 an hour.

The move comes two weeks after a Dane County judge dissolved contracts Vos and LeMahieu had with their redistricting attorneys. The judge found state law didn't allow lawmakers to hire those attorneys because so far there is no litigation over redistricting. 

Vos and LeMahieu have a clearer legal path to hire attorneys to fight the Biden administration because a lawsuit has already been filed.

Contact Patrick Marley at patrick.marley@jrn.com. Follow him on Twitter at @patrickdmarley.