Posted on 05/13/2020 5:41:44 PM PDT by SeekAndFind
The Wisconsin Supreme Court has struck down Governor Tony Evers' coronavirus stay-at-home order in the first ruling of its kind, saying that his administration overstepped its authority when it extended the mandate for another month without consulting legislators.
The 4-3 ruling on Wednesday essentially reopens the state effective immediately, lifting caps on the size of gatherings, allowing people to travel as they please and allowing shuttered businesses to reopen, including bars and restaurants.
Local governments can still impose their own health restrictions, however. Officials in Dane County, home to state capital Madison, issued a local order minutes after the ruling came down, imposing a mandate identical to the now-invalidated state stay-at-home order.
Evers, a Democrat, first issued a stay-at-home order in March that closed schools and nonessential businesses. The closures battered the state economy, but Evers argued they were necessary to slow the virus' spread.
His order was supposed to lift April 24, but Health and Human Services Secretary Andrea Palm, an Evers appointee, soon extended it to May 26, well beyond the lockdown expiration date in even virus-battered New York.
Republicans asked the Supreme Court to block the extension, arguing that Palm exceeded her authority because the extension amounted to an administrative rule, requiring legislative approval.
Evers' administration countered that state law clearly gives the executive branch broad authority to quickly enact emergency measures to control communicable diseases.
Attorney General Josh Kaul also noted that Evers' order was similar to that in at least 42 other states and has saved many lives.
Nearly seven of 10 Wisconsin residents back Evers' 'safer at home' order, based on a Marquette University Law School poll released Tuesday, though that support was down from 86 percent in March.
(Excerpt) Read more at dailymail.co.uk ...
Bump
all these lockdown orders should be ignored and openly defied. Its a socialist takeover over a typical seasonal virus "pandemic" by exaggeriting the virus death tolls worldwide
we should ALL be fighting back now that we know the truth
Takes effect in July. Repubs will still have the slim majority.
All of our SC Judges are women, save for one token male, but the Conservative women on our bench are FIERCE! :)
Finally, the courts rule this nonsense unconstitutional!
Bookmark
Brown County closed it down within 3 hours of the ruling.
My sources say that Evers is going to issue administrative rules that bypass the legislature, including restrictions on class b/c liquor licenses and restaurant licenses to restrict capacity. Those rules will likely be out by EOB today.
Rock County just issued a similar lock down order.
Not sure why a County Commissioner thinks they have the authority when the Governor doesn’t.
“FYI, Conservative-leaning justices hold a 5-2 majority in the Wisconsin Supreme Court”.
So only one of then hates Trump?
More winning!!! Trump is for ending the shutdown. He’s on the side of Wisconsin, while the Governor of Wisconsin is not. He carries Wisconsin without having to hold multiple rallies. Other citizens of other states are noticing, and know who’s got their backs. Changes the meaning of the 2016 slogan. Now it means, “Make America Great AGAIN!”
This was really the best news of the week. Because it means the beginning of the end of the fascist quarantine of healthy people.
Important precedent...setting the example for other states.
BTTT!
So which 1 (of 5) so called conservative-leaning black-robe sided with 2 lowlife rats on this court.
Madison is a big college town, and from what I see the young are being very careless with their health and masking behavior. There it makes sense, out in farming country, a different story.
Several counties and municipalities in Wi. are putting in place their own shut down orders.
“The impromptu reopening came courtesy of conservative justices on the Wisconsin Supreme Court who had just struck down Democratic Gov. Tony Evers statewide stay-at-home order that since March had shuttered businesses and banned public gatherings to guard against the spread of COVID-19.
As Kealy chatted with customers a little before midnight, last call came sooner than he planned when local county health officials posted on Facebook that they had issued their own stay-at-home order to replace the states.”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.