The Wisconsin Supreme Court docket is reviewing the governor’s COVID-19 orders

The Supreme Court will determine whether Governor Tony Evers’ orders are unconstitutional.

The Wisconsin Supreme Court is examining whether Governor Tony Evers exceeded his authority by granting a statewide mask mandate after the announcement of the original public health emergency expired. Evers has issued three public health emergencies and a number of related orders. Lawsuits against the governor’s actions have argued that the circumstances that led to the first have not changed, so his actions are not legal and they want the decision to be overturned.

The Supreme Court held virtual arguments and took the case under consideration. The court will determine whether the governor’s decision is against the law by issuing orders that last longer than 60 days and whether the decision constitutes an abuse of power. The legislature can grant an extension of 60 days if it deems this to be necessary.

“So that the governor keep quoting the COVID-19 and saying,” Well, it’s still here, it’s still there so I can declare a state of emergency. “No, you can’t,” said Fernholz. “State law does not allow emergency powers to exist indefinitely during a pandemic.”

Photo by Dean Sun on Unsplash

Assistant Attorney General Hannah Jurss said: “There is nothing that will limit the governor’s ability to recognize that this new attack has occurred and to issue a new state of emergency. Those filing the lawsuit interpret the executive’s ability to be a “one and doed” approach. “He added,” Evers should be able to implement new orders when new emergencies arise. “

Wisconsin itself has more than 312,000 confirmed COVID-19 cases and 2,637 deaths since the pandemic began in March. According to the Wisconsin Hospital Association, 2,096 people were hospitalized.

The case currently under consideration was originally filed by Jere Fabick, a Republican donor who gave more than $ 350,000 to Republican or Conservative candidates in Wisconsin between 1994 and mid-2020, according to the Wisconsin Democracy Campaign. In 2016, Fabick gave $ 20,000 to Conservative Wisconsin Supreme Court Justice Rebecca Bradley.

“There is no question that the pandemic has had a significant impact on the state of Wisconsin or that COVID-19 has been an ongoing problem in Wisconsin since at least February 2020,” Fabick’s lawsuit said. “But the existence of a crisis does not give the government full power to break the law.”

A previous lawsuit against the mask mandate was unsuccessful in court. This case was filed on behalf of three plaintiffs by the Wisconsin Institute for Law and Liberty (WILL). St. Croix County’s Republican Michael Waterman, a Republican, joined the governor’s actions and ruled that “nothing in state law prevented him from causing multiple public health emergencies.” The three Liberal Supreme Court justices delivered an objection penned by Justice Rebecca Dallet, saying, “Our original jurisdiction is not supposed to allow a single, disgruntled taxpayer to cross the line to get the desired outcome. The approval of Fabick’s petition marks the final step in the majority’s drive to turn this court from one of the last resort to the first stop for disaffected Wisconsinites. “

Sources:

New lawsuit filed against Evers’ mask mandate

Complaint about mask mandate goes to the Supreme Court

Wisconsin Supreme Court is considering contesting masking mandate

Wisconsin Supreme Court hears lawsuit challenging statewide mask mandate

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