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Wisconsin Supreme Court strikes down Democratic governor's pandemic lockdown order in first ruling of its kind
Daily Mail ^ | 05/13/2020 | By ASSOCIATED PRESS and KEITH GRIFFITH FOR DAILYMAIL.COM

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 ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; US: Wisconsin
KEYWORDS: ap; braking; coldcivilwar; coronavirus; localnews; lockdown; reopen; shutdown; supremecourt; tyranny; wisconsin
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Bump


21 posted on 05/13/2020 6:48:17 PM PDT by foreverfree
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To: SeekAndFind
right ON !!

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

22 posted on 05/13/2020 6:50:42 PM PDT by KTM rider ( .......than to post and remove all doubt)
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To: JohnBovenmyer

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! :)


23 posted on 05/13/2020 6:54:45 PM PDT by Diana in Wisconsin (I don't have 'hobbies.' I'm developing a robust post-Apocalyptic skill set.)
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To: SeekAndFind

Finally, the courts rule this nonsense unconstitutional!


24 posted on 05/13/2020 7:34:11 PM PDT by fortheDeclaration
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To: SeekAndFind
"Attorney General Josh Kaul also noted that Evers' order was similar to that in at least 42 other states and has saved many lives."

Unsupported BS! There is NO WAY to quantify such a presumption that the lock-downs saved lives.
25 posted on 05/13/2020 7:53:56 PM PDT by Bellagio
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To: Bellagio
 
 
Real tiresome how they make lofty claims and never provide a shred of evidence to back up any of it up. It's just 'because we said so!'. That's not good enough nor legal.
 
 

26 posted on 05/13/2020 8:32:25 PM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
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To: TexasGurl24

Bookmark


27 posted on 05/13/2020 10:00:38 PM PDT by DocRock (And now is the time to fight! Peter Muhlenberg)
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To: PLOM...NOT!
not in Milwaukee...

Milwaukee’s “Safer at Home” Order Remains in Effect
Bars and restaurants in Milwaukee must remain closed.


28 posted on 05/14/2020 1:31:20 AM PDT by Brown Deer (America First!)
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To: Brown Deer

Brown County closed it down within 3 hours of the ruling.


29 posted on 05/14/2020 4:37:21 AM PDT by PLOM...NOT! (With guns, we are citizens. Without them, we are subjects.)
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To: SeekAndFind

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.


30 posted on 05/14/2020 5:35:35 AM PDT by Thunder90 (All posts soley represent my own opinion.)
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To: Brown Deer

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.


31 posted on 05/14/2020 6:58:50 AM PDT by Jotmo (Whoever said, "The pen is mightier than the sword." has clearly never been stabbed to death.)
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To: SeekAndFind

“FYI, Conservative-leaning justices hold a 5-2 majority in the Wisconsin Supreme Court”.
So only one of then hates Trump?


32 posted on 05/14/2020 2:43:33 PM PDT by Linda Tripp (America's Best Best Friend)
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To: SeekAndFind

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!”


33 posted on 05/14/2020 3:26:01 PM PDT by Eleutheria5 ("SHUT UP!" he explained.)
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To: SeekAndFind

This was really the best news of the week. Because it means the beginning of the end of the fascist quarantine of healthy people.


34 posted on 05/14/2020 4:38:42 PM PDT by KingofZion
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To: SeekAndFind

Important precedent...setting the example for other states.


35 posted on 05/14/2020 10:19:06 PM PDT by EagleUSA
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To: SeekAndFind

BTTT!


36 posted on 05/14/2020 10:20:00 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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To: SeekAndFind

So which 1 (of 5) so called conservative-leaning black-robe sided with 2 lowlife rats on this court.


37 posted on 05/15/2020 12:53:25 PM PDT by va22030
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To: lapsus calami; All

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.


38 posted on 05/15/2020 1:47:02 PM PDT by gleeaikin
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To: Dacula
What did Martin Luther King say - Free at last, Free at last, thank God Almighty we are free at last.

Partner, I second what you wrote.

This so called virus is getting way out of hand!

39 posted on 05/15/2020 2:55:11 PM PDT by TheConservativeTejano (God Bless Texas...)
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To: KingofZion

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 state’s.”

https://www.msn.com/en-us/travel/news/coronavirus-confusion-reigns-in-wisconsin-as-some-bars-restaurants-and-tourist-attractions-can-reopen-and-others-are-shut-down/ar-BB148A3p


40 posted on 05/15/2020 6:51:31 PM PDT by Armscor38
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