Peggy Z. Coyne v. Scott Walker

f 80. (concurring). I conclude, as do the lead opinion (which represents the views of only Justice Gableman) and Justice Prosser's concurrence, that 2011 Wis. Act 21, which *498altered the process of administrative rulemaking,1 is unconstitutional as applied to the Superintendent of Public Instruction and the Department of Public Instruction. As a result, I concur in the mandate affirming the court of appeals.

¶ 81. Two reasons prevent me from joining both the lead opinion and Justice Prosser's concurrence.

¶ 82. First, both Justice Gableman's lead opinion and Justice Prosser's concurrence give…