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Republicans already appeared divided over how far to go in confronting the University of Wisconsin System specifically former Governor Tommy Thompson over setting its COVID-19 policies.

On Thursday, the split widened.

First,UW System interim PresidentThompson and UW Regent President Edmund Manydeeds III sent a letter to the Republican leaders of the Legislatures rules committeeconfirming they would not come to the committee for permission before implementing such steps as mandatory testing and mask rules on UW campuses.

Then state Sen. Robert Cowles,R-Green Bay, issued a statement saying he supports the UW System's ability to make its own decisions about how to control the spread of COVID-19 on campuses.

Finally, state Sen. Steve Nass, R-Whitewater, capped the day by saying he'll formally ask State Assembly Speaker Robin Vos, R-Rochester, and Senate Majority Leader DevinLeMahieu, R-Oostburg, to take the state university system to court.

Nass is the senator whoproposed a motion in the Legislature's rules committee that requiresthe UW System to submit any COVID-19 protocolsfor approval.The motion passed on a party-line vote Aug. 3, which Nass and committee co-chair Rep. Adam Neylon, R-Pewaukee, said gives them power over pandemic-related rules on campus.

In their letter to Nass and Neylon, Thompson and Manydeeds called out the rules committee for not holding a public hearing on Nass' proposal and for not taking any steps in the 14 months before this point to weigh in on campuses' pandemic responses.

"On its face, this directive is overly broad and lacks reasonable specificity by which to evaluate and discuss concerns rationally," Thompson and Manydeeds wrote."We believe (the rules committee's) position is instructive, however, as it highlights the nature of the executive functions and actions that your committee takes issue with that have beenexplicitly delegated to us by statute and rule, and have been long recognized as core responsibilities of the Board of Regents by the legislature and the courts."

The letter also noted Nass' own previous actions conflicted with the idea that the UW System has to consult with the Legislature, pointing to a bill proposed butnever taken up to change established state law so that UW campuses are prohibitedfrom implementing vaccine mandates.

Thompson, a Republican and the state's longest-serving governor,had made his feelings knownlast week, calling the directive "both wrong on the law and wrong as a matter of public policy."

More: 'Not abdicating my responsibility': Tommy Thompson spurns the GOP attempt to control, block COVID rules on campuses

He essentially dared his former colleagues to take him and the UW System to court, saying he'd take the fight all the way to the state Supreme Court.

"We think we've got a great case," he said.

His comments drew support from Republican Assembly leaderJim Steineke, R-Kaukauna, who indicated last week that he had no interest in suing UW, saying doing so"would only add more confusion during an already stressful time" as students return to campuses.

More: Republican Assembly Leader not interested in suing UW System for control of COVID policies on campus

Now Cowles has joined in.

"I do not support a legal challenge by the State Legislature to UW-Systems COVID-19 mitigation measures," Cowles said."During this ongoing workforce shortage thats bound to only maintain or intensify, tying the hands of one of our states most powerful workforce development tools and driving decisions that could cancel or limit in-person instruction doesnt seem to be in the best interests of our local communities or business sector.

None of this sitswell with Nass, a relentless critic of the UW System and opponent of COVID protocols.

His chief of staff,Mike Mikalsen, said Thursday it was "unfortunate" that Cowles did not support suing.

"Last year, the Legislature went to court to end unlawful Covid-19 mandates issued by Governor Evers Department of Health Services,"Mikalsen said in an email."Senator Nass opposes unlawful Covid-19 mandates issued by any state agency regardless of if they are led by a Democrat appointee or a former Republican governor."

Later, Nass added he thought some of his colleagues had "gone soft" and would only oppose the mandates when they were "issued by the other party."

LeMahieu's communications director said he would not have a response Thursday on what path the Senate leader would take. Vos' office has not responded to multiple requests for comment since last week.

Contact Devi Shastri at 414-224-2193 or DAShastri@jrn.com. Follow her on Twitter at @DeviShastri.

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GOP divided over whether to push UW System on COVID rules, with Nass digging in and others siding with Thompson - Milwaukee Journal Sentinel