Discussion:
Yes, Wisconsin Republicans have the power to overturn the extended mask mandate order by Governor Evers
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Leroy N. Soetoro
2020-09-26 00:45:03 UTC
Permalink
https://www.newswise.com/coronavirus/yes-wisconsin-republicans-have-the-
power-to-overturn-the-extended-mask-mandate-order-by-governor-evers

Fact Check By: Craig Jones, Newswise
Truthfulness: True

Claim:
(Republicans) have the power to overturn the (state of emergency) order by
joint resolution and they refuse to do it.
Claim Publisher and Date: Senator Chris Larson on 2020-09-23
Republicans have the legal power to reverse the order by Wisconsin
Governor Tony Evers that extends the mask mandate.

As reported by Eric Litke on Politifact...

The latest state of emergency declared by Gov. Tony Evers — his third
since the start of the coronavirus pandemic — elicited the expected
reaction from Republicans.

The latest order extended the state’s mask mandate, which was set to
expire Sept. 30, for an additional two months.

An avalanche of GOP news releases and social media posts condemned Evers,
a Democrat, calling the order "illegal," "unconstitutional," an
"overreach" and a "power grab." Assembly Speaker Robin Vos, R-Rochester,
called it "rule by fiat" and said there would "undoubtedly be additional
court challenges" — on top of the court challenges to previous orders.

But one Wisconsin Democrat says Vos has no reason to wait on court
challenges.

"Whenever you see a WI Republican bemoan the Governor's mask mandate,
remember these 2 things," state Sen. Chris Larson of Milwaukee said Sept.
23, 2020 on Twitter. "1) They have the power to overturn the order by
joint resolution and they refuse to do it. 2) They sued to have control
over our #COVID19 response months ago, and have done nothing."

We’re focusing on the first point. It’s an overlooked element of the
partisan showdown over Wisconsin’s coronavirus response.

And Larson is exactly right. Republicans could end Evers’ order any time,
if they got a majority vote in the chambers they control.

Let’s review what's going on.

The state of emergency statute

State law first gave the governor authority to declare a state of
emergency in 1951, though that was related only to acts of war. The
circumstances in which an emergency may be declared and the governor’s
powers in that scenario have evolved since, including the addition of
public health emergencies in 2002.

The only prior public health emergency in state history came in 2009, when
Democratic Gov. Jim Doyle issued Executive Order #280 in response to H1N1
(swine flu), according to the Wisconsin Legislative Reference Bureau.
--
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Byker
2020-09-26 20:17:26 UTC
Permalink
https://www.newswise.com/coronavirus/yes-wisconsin-republicans-have-the-power-to-overturn-the-extended-mask-mandate-order-by-governor-evers
Fact Check By: Craig Jones, Newswise
Truthfulness: True
(Republicans) have the power to overturn the (state of emergency) order by
joint resolution and they refuse to do it.
Chances are ten years from now there will be some documentary about "the
twenties" and when they trot out footage from 2020, where (nearly) everyone
is wearing a mask, those who experienced it will say, "God, I can't believe
I fell for that shit!"...

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