Wisconsin Supreme Court overturns statewide mask warrant

MADISON, Wis. – The Wisconsin Supreme Court on Wednesday quashed Governor Tony Evers’ statewide mask mandate, ruling that the Democrat had exceeded his authority in issuing the order.

The Tory-controlled court’s 4-3 decision is the latest blow to Evers’ attempts to control the coronavirus. It comes after Republicans in the legislature voted to repeal the mask’s tenure in February, only to see Evers quickly reissue it.

The court last May overturned Evers’ “safer home” order, saying its health secretary did not have the authority for such an order. Ever’s attempts to limit capacity in bars, restaurants and other indoor venues were also blocked by a state appeals court in October.

In the latest case, the court ruled that any public health emergency issued by Evers is only valid for 60 days and cannot be extended without legislative approval.

Evers spokeswoman Britt Cudaback did not immediately respond to a message asking for comment.

Evers had argued that he could issue multiple health emergencies due to the changing nature of the ongoing pandemic. The mask order first came into effect in August and Evers has extended it four times since then, most recently on February 4, immediately after the legislature repealed it.

Nearly 60 organizations opposed the repeal of the mask’s mandate, including groups representing Milwaukee hospitals, doctors, nurses, paramedics, school administrators, businesses, children, unions, schools , Native American tribes, pharmacists, firefighters, local health departments, the elderly, churches and dentists.

With no state order in place, it will be up to local government units to enact their own mask policies. Many communities had decided to promulgate local ordinances as the Legislature sought to repeal the mandate. Mask orders are in place in cities like Milwaukee as well as in Dane County, home to Madison.

When the court overturned Evers’ “safer home” order in May, she was vetted 5-2 by the Tories. In the ruling, Conservative Judge Brian Hagedorn sided with the minority Liberals in arguing that the order should not be overturned.

But during argument in the mask case on November 16, Hagedorn questioned Evers’ authority to renew health emergencies beyond the 60-day limit. He said it was an “extraordinary short-term grant of power to the governor” and that “it appears the legislature only wanted to grant a very short period of time.”

“No one is questioning the governor’s sincerity in trying to do what he thinks he is here,” Hagedorn said at the time. “But he can only do what the power has been given to him.”

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The case challenging the mask’s tenure was brought by Jere Fabick, a major Republican donor from Wisconsin who gave more than $ 350,000 to Republican or Conservative candidates in Wisconsin between 1994 and mid-2020, according to the Democracy Campaign. of Wisconsin.

In 2016, Fabick donated $ 20,000 to Wisconsin Supreme Court Conservative Justice Rebecca Bradley. Fabick is a board member and policy advisor for the Heartland Institute, a free market think tank, and also chairman of a Caterpillar equipment and engine dealership.

Reaction to the SCOWIS decision

Rick Esenberg, President and General Counsel of the Wisconsin Institute for Law & Liberty (WILL)

“Governor Evers abused the law and the constitutional separation of powers by declaring multiple and consecutive emergencies. This ruling ensures that Wisconsin’s constitutional order cannot be suspended for indefinite periods as long as the executive branch can justify a declaration of emergency. “

Democratic Assembly Leader Gordon Hintz (D-Oshkosh)

“I am deeply disappointed with the decision taken today by the Conservatives at the Supreme Court of Wisconsin. They made it 100% back today. The majority decision claims a pandemic is unchanged and ignores the devastating human impact of COVID-19. And this ensures that Wisconsin’s response to future pandemics will be more complicated and take longer, which in turn will cost more lives.

“Politics should have no place in responding to a public health emergency. Yet today’s decision ensures that politics will be at the center of all future public health emergencies in our state. I am relieved and grateful that Wisconsin was protected by Governor Evers last year and that we are starting to see the light at the end of the COVID-19 tunnel. But after today’s ruling, I’m concerned that health and safety Wisconsinites are even more exposed in the future. “

State Senator Julian Bradley (R-Franklin)

“Despite a cowardly delay, the Supreme Court was finally right. Governor Evers’ unconstitutional orders imposing a mask mandate on Wisconsinites was an obvious abuse of power.

“The governor’s brazen takeover became even more scandalous when he ignored the Legislative Assembly’s resolution ending his order and continued to act unilaterally and illegally.

“The decision to finally uphold the rule of law is certainly welcome and long overdue.”

Senate Majority Leader Devin LeMahieu (R-Oostburg)

“I congratulate the Court on bringing this constitutional crisis to an end in our State. Their decision confirms the separation of powers and the rule of law – fundamental principles since the founding of our state and our nation. Repeated abuse of emergency powers by the governor and widespread violation of the state The law created a state of chaos and had to be stopped. The legislature exercised its power to revoke Governor Evers’ order in February, and today the court issued the final charge of the governor’s illegal actions.

“Today’s ruling justifies the Legislature as a co-equal branch of government and will expand freedom and opportunity for the people of Wisconsin.” As we work to fully and safely reopen our state, we trust our residents to follow CDC guidelines when appropriate, get vaccinated when you’re ready, and always use common sense. “