Peggy Z. Coyne v. Scott Walker

¶ 173. (dissenting). The lead opinion errs for at least three reasons: First, the lead opinion fails to recognize that when the Superintendent of Public Instruction en*531gages in rulemaking with the Department of Public Instruction (DPI), the Superintendent is exercising legislative authority delegated to him by the legislature under Wis. Stat. § 15.37 (2013-14),1 not constitutional authority delegated by Article X, Section 1 of the Wisconsin Constitution. Second, the lead opinion fails to recognize the legislature's constitutional authority to control its legislative delegation exercised as…