Wisconsin AG rules governor can’t pull state from ObamaCare lawsuit

Wisconsin Attorney General Josh Kaul (D) on Thursday told newly sworn-in Wisconsin Gov. Tony Evers (D) that he does not have the authority to withdraw the state from a lawsuit filed by 20 states seeking to overturn ObamaCare.

The state signed on to the lawsuit under the previous Republican-led administration. 

{mosads}Kaul told Evers in a letter that only the Republican-led state legislature could withdraw Wisconsin from the suit, according to The Associated Press.

After former Gov. Scott Walker (R) lost his reelection bid last year, the legislature passed a law weakening the powers of the governor and his administration before Evers took office. This included eliminating the ability for the governor to withdraw from lawsuits. 

Both Evers and Kaul ran in opposition to the Affordable Care Act lawsuit, which was filed last year by Republican-led states, including Wisconsin. 

But Evers will need the approval of the GOP legislature to withdraw from the lawsuit, Kaul said in the letter. 

“My view is that … DOJ does not have statutory authority to withdraw the state from the ACA litigation absent approval from the Joint Committee on Finance,” Kaul wrote.

A Texas judge ruled last month that ObamaCare is unconstitutional because Congress repealed the penalty for not having insurance.

A coalition of Democratic-led states, which are defending the law in court, is working on appealing that decision.

The law remains in place pending the appeal.