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State Supreme Court Strikes Down Evers’ Stay at Home Order

By John Forester | May 13, 2020

From WisPolitics.com …

A split state Supreme Court today struck down the Evers administration’s latest stay-at-home order, ruling it should’ve been issued as a rule to give lawmakers oversight of the process.

Conservatives Pat Roggensack, Rebecca Bradley, Daniel Kelly and Annette Ziegler ruled DHS Secretary Andrea Palm’s order confining all people to their homes, forbidding travel and closing businesses exceeded her statutory authority.

GOP lawmakers, who filed the suit, had asked the court for an injunction preventing enforcement of the order, but to stay that to provide time to work out a deal with the Evers administration.

But the conservative majority noted more than two weeks had passed since it began considering the case.

“Therefore, we trust that the Legislature and Palm have placed the interests of the people of Wisconsin first and have been working together in good faith to establish a lawful rule that addresses COVID-19 and its devastating effects on Wisconsin,” the majority wrote. “People, businesses and other institutions need to know how to proceed and what is expected of them. Therefore, we place the responsibility for this future law-making with the Legislature and DHS where it belongs.”

Read the decision here.

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