Wisconsin Supreme Court Overturns Governor Evers’ Stay-at-Home Order

Crystal Gross May 14, 2020 News Leave a comment

Wisconsin Supreme Court overturned Democratic Governor Tony Evers’ stay-at-home order, ruling it “unlawful” and “unenforceable” in a high-profile win for the state’s Republican-led Legislature, reports CNN. This is the first time a statewide order of its kind has been overruled by a court of last resort.

Governor Evers’ extended his order to May 26, causing the Legislature’s Republican leaders to file suit against the state’s Department of Health Services Secretary-designee Andrea Palm and other health officials last month. Health officials felt it was necessary to extend the state’s “Safer at Home” emergency order, while also loosening some restrictions on certain businesses.

Republicans argued that the order would cost Wisconsin residents their jobs and hurt many companies, asserting that if it was left in place, “our state will be in shambles.”

In a 4-3 decision Wednesday, the Wisconsin Supreme Court ruled the Governor’s administration overstepped its authority, adding that “an agency cannot confer on itself the power to dictate the lives of law-abiding individuals as comprehensively as the order does without reaching beyond the executive branch’s authority.”

Governor Evers issued the stay-at-home order in late March and believes the court’s ruling “puts our state into chaos.”

Evers informed CNN‘s Don Lemon that the state no longer has a plan or protection for the people. “It’s the wild west.”

“When you have more people in a small space — I don’t care if it’s bars, restaurants or your home — you’re going to be able to spread the virus. And so now, today, thanks to the Republican legislators who convinced four Supreme Court justices to not look at the law but look at their political careers, I guess — it’s a bad day for Wisconsin.”

According to CNN, Republican Assembly Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald claimed in a joint statement after filing their lawsuit that there was “immense frustration regarding the extension” of the order and that Evers “has denied the people a voice through this unprecedented administrative overreach.” The legislature felt they had no choice but to ask the Supreme Court to “rein in this obvious abuse of power.” And believe the people of Wisconsin deserve “certainty, transparency, and a plan to end the constant stream of executive orders that are eroding both the economy and their liberty even as the state is seeing a decline in COVID infections.”

Thursday morning, Trump weighed in on the Wisconsin Supreme Court’s ruling, saying it was a “win” for the state. “The people want to get on with their lives. The place is bustling!” he tweeted. His press secretary, Kayleigh McEnany, however, struck a more cautious tone, urging Americans to continue social distancing and washing their hands, and noted the Centers for Disease Control and Prevention’s recommendation to wear a face mask in public. In an interview with CBS, McEnany urged the citizens of Wisconsin to do the same so that the state can have a safe reopening.

The Governor released a separate statement Wednesday and encouraged people in his state to continue “to stay safer at home, practice social distancing, and limit travel, because folks, deadly viruses don’t wait around for politicians and bureaucrats to settle their differences or promulgate rules.”

Wisconsin Democrats argue that the health crisis “will only get worse if we end Safer at Home before it’s safe to.” Public health professionals have repeatedly stressed the risk of lifting safety measures too soon.

Experts widely agree that states will need testing and contact tracing programs in order to control the pandemic without strict social distancing measures, but many states — including Wisconsin — have reported shortages of critical supplies needed to run coronavirus tests. This poses a problem because experts rely on the ability to quickly identify new coronavirus cases in order to quarantine those who might have been exposed; this is crucial to return to normal life.

CNN reports, as of early Thursday morning, Wisconsin had more than 10,902 confirmed cases of coronavirus and 421 deaths, according to the state’s Department of Health Services.