Wisconsin Supreme Court quashes governor’s mask mandate

MADISON, Wisconsin – The Wisconsin Supreme Court overturned Democratic Governor Tony Evers’ mask mandate on Wednesday, stripping the governor of one of his last tools to curb the large-scale spread of COVID-19 as the state recedes found on the precipice of another outbreak of infections.

The conservative-leaning court ruled 4-3 that Evers violated state law by unilaterally issuing multiple emergency orders to extend the tenure by several months. The court concluded that Evers needed legislative approval to issue further orders after the expiration of the original 60-day warrant he issued in August.

“The question in this case is not whether the governor acted wisely; it is if he acted legally. We conclude not, ”wrote Judge Brian Hagedorn for the majority.

The move marks yet another legal defeat for Evers. In May, the Supreme Court overturned its decision to stay at home, ruling that its health secretary did not have the authority to issue such an order. A state appeals court blocked Evers’ attempts to limit the capacity of bars, restaurants and other covered venues in October.

Wednesday’s decision comes as COVID-19 cases increase in the state. The seven-day average fell from less than 400 cases in mid-March to 501 on Tuesday. State Department of Health Services Secretary Julie Willems Van Dijk said the state was seeing “warning signs” that a new wave of infections was about to begin.

Local mask mandates remain in place. Milwaukee and Dane County, home to the state capital of Madison, both have issued such warrants. But the statewide invalidation of the order leaves Evers with few options to control the large-scale spread.

Evers spokeswoman Britt Cudaback did not immediately respond to a message asking for comment. Judge Ann Walsh Bradley, a member of the court’s three-judge minority, lamented in a dissent that the ruling hampers the ability of Wisconsin governors to protect lives.

“This is not a trivial matter,” she wrote. “We are in the midst of a global pandemic that has so far claimed the lives of over half a million people in this country. And with the stakes so high, the majority not only come to the wrong conclusions, but also obscure the consequences of their decision. Unfortunately, the ultimate consequence of the majority’s decision is that it places another obstacle to an effective government response to COVID-19. “

Democratic Attorney General Josh Kaul, who has championed the mask order, issued a statement urging people to continue wearing masks.

Republican lawmakers applauded the decision. Senate Majority Leader Devin LeMahieu said in a statement that Evers had abused his power and the court ruling affirmed the separation of powers between the legislative and executive branches.

“The repeated abuse of emergency powers by the governor and the widespread violation of state statutes created a state of chaos and had to be stopped,” LeMahieu said.

Evers had argued that he could issue multiple health emergencies due to the changing nature of the 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 Republican lawmakers 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.

Hagedorn joined liberal judges in backing the order to stay at the Evers home in May, when the Tories held a 5-2 majority. His stance then gave Democrats hope he would vote the deciding vote to maintain the mask’s tenure. 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.”

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.

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Associated Press writer Scott Bauer contributed to this report.