Wisconsin Supreme Court deals Walker loss on education case

Superintendent Tony Evers has opposed overturning the law, saying the case was about preserving the office's role as a nonpartisan constitutional officer in charge of implementing and overseeing education policy.

"Governor Walker is dedicated to challenging the status quo when it impedes the ability of parents, school boards, and students to get the best educational outcomes," Evenson said.

The case focused on a 2011 law passed by the Republican-controlled Legislature and signed by Walker that gave the governor veto power over administrative rules pursued by the state superintendent.

The department's attorney argued that if the state superintendent is unhappy with the governor's decision relative to rules, he can always go back to the Legislature and try to get it reversed.

The 2011 law required all state agencies to get approval from the governor before drafting new administrative rules — the legal language that enacts agency policies and laws passed by the Legislature.

Parents and members of the teachers' union, with backing from organizations representing school administrators and school boards, filed a lawsuit in 2011 challenging the portion of the law that gives the governor the ability to block rules at DPI.