Wisconsin Supreme Court Strikes Down Governor’s Safer-at-Home Order


The Wisconsin Supreme Court, in a 4-3 decision, struck down Governor Tony Evers’ “Safer-at-home” order that closed businesses. The court ruled that the businesses may open immediately. One of the Justices, Rebecca Bradley, even compared it to the irrational internment of the Japanese-Americans in WWII.

wisconsin supreme court
The Wisconsin Supreme Court photo via The Hill

In order to institute new orders, Gov Evers will have to work with the Republican controlled state rulemaking committee. The court ruled against the order because it was written by an unelected official, Andrea Palm, and was set to expire on May 26.

“This case is about the assertion of power by one unelected official, Andrea Palm, and her order to all people within Wisconsin to remain in their homes, not to travel and to close all businesses that she declares are not “essential” in Emergency Order 28.”… Palm’s Emergency Order … is declared unlawful, Invalid, and unenforceable.” Chief Justice Patience Roggensack.

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The court ordered all businesses to immediately reopen, but specifically said that schools could not open. Wisconsin Public Radio reported,

Under the court’s ruling, Evers’ administration could issue new stay-at-home orders, but it would need the approval of the Legislature’s rulemaking committee, which is run by Republicans. That effectively gives Republicans veto power over any future stay-at-home restrictions.

Evers told reporters Wednesday night that his administration would begin the rulemaking process Thursday morning, but cautioned that the process was a slow one. He said he was disappointed in the court, and in Republicans.

“Today, Republican legislators convinced four members of the Supreme Court to throw the state in chaos,” Evers said. “Republicans own that chaos.

Republicans originally asked the court for a six-day stay which would have kept the current Safer at Home order in place while a new one is negotiated to replace it. But the court instead decided to strike down the order effective immediately.

For weeks, Republicans have said they want the state to adopt a regional approach, with more restrictions in places with higher concentrations of COVID-19 cases and fewer restrictions where cases are comparatively rare.

Republicans have reportedly indicated they’d be happy without a new stay-at-home order. Until the rulemaking process comes up with something, county officials will have to create with their own approach to the pandemic. Liberal media is nervous about the “patchwork” of different rules across the state. When every different region of a state has different levels of the virus, it follows that each area should make the rules that best benefit the people of that region.

But then…that wouldn’t be controllable now would it?

H/T Uncle Sam’s Misguided Children

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