Molly Beck

Milwaukee Journal Sentinel

MADISON - Gov. Tony Evers is seeking to change Wisconsin's stance in a federal lawsuit to overturn the Affordable Care Act by sending a letter to Attorney General Josh Kaul this week, he said Wednesday.

The move could stop short of withdrawing from the lawsuit altogether as Evers had pledged during his campaign. Republican lawmakers in December passed legislation curbing the powers of Evers and Kaul, requiring both to seek approval from the Republican-controlled Legislature to withdraw from the lawsuit.

"We are going to issue that letter directly to the attorney general and we believe it will be in such a format that he will be able to move forward," Evers said at a news conference at Mendota Elementary School in Madison.

Evers wouldn't say how the move wouldn't violate the new laws, telling reporters to "wait and see."

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Kaul in a statement said Department of Justice officials will review Evers' request "and take appropriate action in accordance with the law."

“Insurance companies shouldn’t be able to discriminate against Wisconsinites with pre-existing conditions," Kaul said.

Senate Majority Leader Scott Fitzgerald, R-Juneau, said Evers was trying to find a way around the new laws.

"Instead of working with Republican lawmakers to find areas of agreement, Governor Evers has decided to spend his first week in office issuing edicts and looking for ways to skirt state law so that he can advance his partisan agenda," Fitzgerald said in a tweet.

Assembly Speaker Robin Vos, R-Rochester, criticized Evers for initially saying that he would not follow the lame-duck law before saying a day later that he had no intention of breaking the law.

“I think his intention was to break the law. He just said it a little too honestly the first time,” Vos said. “So I think now he’s probably coming up with what the real plan is, which is to try to use lawyer, legalistic, wiggly-word type of language to try to circumvent the intent of the Legislature.”

At the direction of former Gov. Scott Walker and former Attorney General Brad Schimel, Wisconsin joined a multistate lawsuit with more than a dozen other states. A federal judge in December sided with the plaintiffs arguing the Affordable Care Act is unconstitutional.

The ruling came on the same day that Walker signed into law a bill passed by the Wisconsin Legislature in its lame-duck session that bars Evers and Kaul from withdrawing the state from the lawsuit.

For now, the law remains in effect and the judge did not issue an injunction to stop federal officials from enforcing the law.

The ruling also is certain to be appealed by the 16 states and the District of Columbia that intervened after the Trump administration refused to defend the law. Many law professors expect the ruling to be overturned.

Evers also said Wednesday he joins Kaul in supporting a so-called red flag law, which allows family members to petition a judge to take away firearms from anyone considered to be a threat to others or themselves.

"I think it's important that if we have the documentation and the ability to prove that someone is incapable of owning and using a firearm, that that be taken into consideration," Evers said.

Patrick Marley of the Milwaukee Journal Sentinel contributed to this report.