Posted on 05/13/2020 3:44:23 PM PDT by T. P. Pole
MADISON - The Wisconsin Supreme Court has struck down Gov. Tony Evers' order shutting down daily life to limit the spread of coronavirus — marking the first time a statewide order of its kind has been knocked down by a court of last resort.
The state's highest court, which is controlled by conservatives, sided with Republican lawmakers Wednesday in a decision that curbed the Evers administration's power to act unilaterally during public health emergencies.
(Excerpt) Read more at jsonline.com ...
"In the majority opinion, Roggesack determined Department of Health Services Secretary Andrea Palm should have issued such state restrictions through a process known as rule making, which gives lawmakers veto power over agency policies."
Without legislative review, 'an unelected official could create law applicable to all people during the course of COVID-19 and subject people to imprisonment when they disobeyed her order,' the majority wrote."
On, Wisconsin! So much WINNING this week!
Good for WI. Now what is the state of the highest courts in MI, PA, ME, etc?
Like Whitmer pulled that 77 yesr barber’s licence after Whitmer lost in court?
Well he just went on cutting hair. Who needs a licence to cut hair anyways?
Emergency powers are not open ended. All of the governors could and should have consulted with their legislatures to proceed with whatever measures they would enforce and what the enforcement would be.
The Executive cannot create law, particularly a “law” which has a criminal/penal sanction. Only the legislature can do that. And the legislature cannot delegate that power to the executive.
What a glorious day.
First the congressional wins in Wisconsin and California, then this great victory in court over illegal, unconstitutional lockdowns.
And every single state is different, depending on the political make-up of the Governor, Legislature and State courts.
Red states open. Blue states close. Some arrest people or revoke their business licenses. Some don’t. Some declare the closure rules unconstitutional. Some don’t. 50 states - 50 different sets of rules - mostly determined solely by what political party is in power in that state.
What a total kluster-fuck.
Lifelong conservative here, but a problem like COVID-19 can only be solved by a NATIONAL, COORDINATED response.
And in that, sad to say, Trump has TOTALLY failed. (Hey, great strategy - push the decisions to the states and blame or praise them as needed. Wow. Genius! </sarc>) I’m really struggling to vote for him again in Nov - and probably the ONLY reason I will is that the alternative is just so God awful horrible. But I sure would like for this guy to get his shi~! together. Unfortunately, not really confident he will based on what we’ve seen so far.
Lifelong conservative here, but a problem like COVID-19 can only be solved by a NATIONAL, COORDINATED response.
So if the NATIONAL, COORDINATED response is to impose a police state, every single state suffers that?
Destroying one's entire livelihood seems to be nothing more than an especially draconian fine...
(Deuteronomy 24:6) The millstone was needed to grind grain to make bread and sustain life, so taking someone’s millstone would be like taking his or her life
Maybe but given previous SCOTUS precedents, they aren't going to rule against properly enacted emergency powers.
A lot of cases will end up at Circuit Courts. But I suspect most will be resolved there.
It's going to take something like differences at various Circuit courts with the treatment equality with definitions of Essential vs non-essential businesses, or something regarding least restrictive measures to accomplish the goals.
Dr Fauci is that you?
Do the bureaucrats have the right to make laws by edict?
—
Actually they do.
Blame our lazy politician. What they do is write a vague law and then authorize some bureaucrat to define the details of that law.
Not laws but regulations that can be enforced with fines.
Well, this might just set a precedent by knocking down a governor’s orders as unconstitutional. This might go to the Supreme Court. Who knows?
The bars are open tonight in Wisconsin
I would like it to go to the Supreme Court. I would love it if the Supreme Court declares the need to make all state governors’ actions Unconstitutional as well.
How do you drink with a mask on? Do you cut a small hole and put a straw through it?
I’ve been screaming this! Governors, Presidents, and Mayors CANNOT make laws. A function of legislative bodies!
I’d be willing to bet that one of these closures will eventually reach SCOTUS..“
Already happened sort of. The SC let stand the ruling by a state SC that the rat Governor had the right to put everyone under house arrest.
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