Discussion:
Wisconsin supreme court strikes down over-reaching Democrat governor's stay-at-home order
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Peter Jankowski
2020-05-15 04:44:08 UTC
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Justices say Tony Evers lacked authority to extend order through May in
ruling that reopens state

Wisconsin’s supreme court struck down the state’s stay-at-home order on
Thursday, ruling that the governor, Tony Evers, overstepped his authority
by extending the order through the end of May.

The ruling reopens the state, lifting caps on the size of gatherings,
allowing people to travel as they please and allowing shuttered businesses
to reopen, including bars and restaurants. The Tavern League of Wisconsin
swiftly posted the news on its website, telling members: “You can OPEN
IMMEDIATELY!”

The 4-3 decision, written by the court’s conservative justices, also chips
away at Evers’ authority to slow the spread of coronavirus and will force
the Democratic governor to work with the Republican legislature as the
state continues to grapple with the outbreak.

Evers issued a stay-at-home order in March and extended it in late April.
Republicans asked the supreme court to block the extension, arguing that
move required legislative approval.

Nearly seven out of 10 Wisconsin residents support the governor’s “safer
at home” order, according to a Marquette University Law School poll. But
Republican lawmakers in the state worried about the economic impacts of an
extended shutdown.

Americans for Prosperity-Wisconsin, which filed a friend-of-the-court
brief on Republicans’ behalf, praised the ruling. The state director, Eric
Bott, called it “a win for the protection of the separation of powers and
the necessary legislative and public oversight in the administrative rule-
making process”.

But top health officials, including Dr Anthony Fauci, have warned against
reopening too quickly.

The sheltering orders will remain in place until 20 May to give lawmakers
time to develop a new coronavirus plan.

Republican lawmakers have yet to offer an alternative outbreak response
plan. The state’s chamber of commerce proposed allowing all the state’s
businesses to open at once, while asking high-risk establishments to take
some safety measures.

Local governments can still impose their own health restrictions, however.
In Dane county, home to the capital, Madison, officials quickly imposed a
mandate incorporating most of the statewide order.

The GOP move against Evers mirrors actions taken by Republican-controlled
legislatures in other states, most notably against the Democratic
governors in the nearby “blue wall” states of Michigan and Pennsylvania.
All three are critical presidential battlegrounds in November.

The GOP has been working to weaken Evers’ powers since he ousted incumbent
Republican governor Scott Walker in 2018.

Speaking on the court’s decision, the chief justice, Patience Roggensack,
wrote for the majority that the stay-at-home order issued by Wisconsin
health secretary, Andrea Palm, amounted to an emergency rule that she did
not have the power to create on her own, and also imposes criminal
penalties beyond her powers.

“Rule-making exists precisely to ensure that kind of controlling,
subjective judgement asserted by one unelected official, Palm, is not
imposed in Wisconsin,” Roggensack, part of the court’s 5-2 conservative
majority, wrote.

Rebecca Dallet, one of the court’s liberal justices, dissented. She wrote
that the court’s decision will “undoubtedly go down as one of the most
blatant examples of judicial activism in this court’s history. And it will
be Wisconsinites who pay the price.”

https://www.theguardian.com/us-news/2020/may/13/wisconsin-supreme-court-
stay-at-home-order
max headroom
2020-05-15 04:57:50 UTC
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state
Dead Rightists are good rightists. COVID 19 SHOULD DO THE TRICK.
max headroom
2020-06-02 20:50:39 UTC
Permalink
state
Dead Rightists are good rightists. COVID 19 SHOULD DO THE TRICK.
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