Jacobson named chair of new task force responding to Evers v. Marklein ruling

Rep. Jacobson makes a statement to the press after his appointment by Speaker Robin Vos. Submitted Photo

State Rep. Brent Jacobson was appointed chair of Assembly Speaker Robin Vos’s newly created Task Force on Rulemaking. This move followed the Wisconsin Supreme Court’s recent decision in Evers v. Marklein II. That ruling, issued earlier this summer, struck down long-standing legislative oversight powers in the administrative rulemaking process, raising concerns about unchecked authority for unelected state agencies.

Jacobson said the task force was created in direct response to the court’s decision, which he argued has “upended the rulemaking process Wisconsin used for over three decades, and opened the door for abuse by an unaccountable executive bureaucracy.” The ruling effectively limited the Legislature’s ability to block or amend agency rules, restoring broad authority to state agencies under Gov. Tony Evers’ administration.

“Agency rulemaking can drastically affect the lives of every Wisconsinite,” Jacobson said. “Concentrating power in the hands of unelected bureaucrats goes against the interests of the people of Wisconsin, regardless of what party they vote for.”

The task force will review how Wisconsin agencies use their rulemaking authority and examine ways to restore legislative oversight. Jacobson said he intends to focus on identifying which agencies hold the broadest powers and exploring reforms to ensure accountability and transparency.

Supporters of the new task force point to examples such as steep increases in livestock market fees and controversial language changes in state regulations — like replacing “mother” with “pregnant member” — as evidence of how agency rules can significantly impact residents without legislative input.

Jacobson emphasized that the issue should transcend partisanship. While Democrats may benefit from the current arrangement under Evers, he warned that a future Republican governor could wield the same authority, leaving Democrats without recourse.

“Legislative Republicans and Democrats have an opportunity to come together and reinstate our constituents’ voices in agency rulemaking,” Jacobson said. “Restoring oversight powers to the body of government closest to the people is in every Wisconsinite’s best interests, and I am hopeful my Democratic colleagues will see the long-term benefits and reach across the aisle.”