MADISON, Wis. — A legal battle could be looming between Wisconsin's university system and the state Legislature.
UW System interim President Tommy Thompson isn't giving in to demands from Republican lawmakers who want to approve COVID-19 protocols on campuses.
Thompson, who is a Republican himself, and was Wisconsin's longest-serving governor in history, said he has the right and responsibility to do what's needed to keep universities open and wants to keep politics out of the decision-making process.
“I don't think there's any fight between me and the Republican Legislature,” Thompson said during a virtual event hosted by WisPolitics Thursday. “I think it's one in which you look at the situation.”
Earlier this month, the Legislature's Joint Committee for the Review of Administrative Rules (JCRAR) voted to block any COVID-19 protocols from the university system without first getting their permission.
So far, vaccines won't be required, but there will be incentives for getting the shot, as well as mask and testing mandates, which Thompson said lawmakers had no problem with last year.
Last fall, COVID-19 protocols were put into place by the Board of Regents. This time, those decisions are being left to the chancellors of each campus, according to Thompson.
“I don't want to fight with the Legislature," Thompson said. "I'm just stating out the facts, why we're doing what we're doing. I want to make sure the people of the state of Wisconsin, why I am doing it now, is I want to make sure that the confusion out there about this rule is not going to prevent us from opening up our universities.”
However, Thompson has directed chancellors to take into consideration if they are in a red or orange zone per CDC guidance, as well as consult with their local health department when determining if a mask requirement is needed.
“I just don't want to fight,” Thompson said. “I just want to open up my campuses. I want the parents to know their students coming to the University of Wisconsin are going to be safe, they are going to be healthy. I want the faculty to know I'm looking out for them.”
Thompson, who previously served as national health secretary under President George W. Bush, wants campuses to hold at least 75% of their classes in-person this fall and insists the system has the authority to set campus policies to make sure that can happen safely.
Though Thompson has made clear he isn't looking to dispute the Legislature, he might still get a fight.
State Sen. Steve Nass (R-Whitewater) who co-chairs JCRAR, accused Thompson of asserting “big government control” over students and faculty and threatened to pursue a lawsuit if the UW System doesn't submit their COVID-19 protocols for committee approval by September 2.
"It is sad that interim President Tommy Thompson has once again shown his belief in big government control over the rights of individuals to make their own health-related decisions,” Nass said in a statement. “This fight is not solely about mask mandates or testing requirements."
Thompson said a lawsuit by the Legislature would be a mistake because lawmakers could end up losing more power if their case doesn't prevail.
“We got case law going back to 1895 that shows that we have the authority to run our buildings and, of course, to protect our students and our employees,” Thompson said. “That's what I am doing, so I can't imagine a court in the state of Wisconsin are going to say I cannot, as president, protect my students and faculty and make sure that they are done in a safe way.”
Thompson insisted it wouldn't be feasible to have every decision approved by the Legislature if they did win a lawsuit because that would amount to lawmakers basically running the universities.