Wisconsin Supreme Court strikes down statewide mask mandate

[teamgreen02]

MADISON, Wis. - The Wisconsin Supreme Court struck down Democratic Gov. Tony Evers' statewide mask mandate Wednesday, stripping the governor of one of his last remaining tools to curb large-scale spread of COVID-19 as the state stands on the precipice of another surge in infections.

The conservative-leaning court ruled 4-3 that Evers violated state law by unilaterally issuing multiple emergency orders to extend the mandate for months. The court found Evers needed legislative approval to issue more orders after the initial 60-day mandate he issued in August expired.

 

 

"The question in this case is not whether the governor acted wisely; it is whether he acted lawfully. We conclude he did not," Justice Brian Hagedorn wrote for the majority

The decision marks another legal defeat for Evers. The Supreme Court in May struck down his stay-at-home order, finding that his health secretary lacked the authority to issue such an order. A state appeals court blocked Evers' attempts to limit capacity in bars, restaurants and other indoor places in October.

Wednesday's decision comes as COVID-19 cases have been rising in the state. The seven-day average has jumped from fewer than 400 cases in mid-March to 501 on Tuesday. State Department of Health Services Secretary Julie Willems Van Dijk said the state is seeing "warning signs" that another surge in infections is about to begin.

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

Evers spokeswoman Britt Cudaback didn’t immediately respond to a message seeking comment. Justice Ann Walsh Bradley, a member of the court’s three-justice minority, lamented in a dissent that the ruling hampers the ability of governors in Wisconsin to protect lives.

Gov. Tony Evers

"This is no run-of-the-mill case," she wrote. "We are in the midst of a worldwide pandemic that so far has claimed the lives of over a half million people in this country. And with the stakes so high, the majority not only arrives at erroneous conclusions, but it also obscures the consequence of its decision. Unfortunately, the ultimate consequence of the majority’s decision is that it places yet another roadblock to an effective governmental response to COVID-19."

Democratic Attorney General Josh Kaul, who defended the mask order, issued a statement urging people to continue to wear masks.

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

"The governor’s repeated abuse of emergency powers and pervasive violation of state statute created a state of chaos and had to be stopped," LeMahieu said.

Evers had argued that he can issue multiple health emergencies because of the changing nature of the pandemic. The mask order first took effect in August and Evers extended it four times since then, most recently on Feb. 4 immediately after Republican legislators repealed it.

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Nearly 60 organizations opposed repeal of the mask mandate, including groups representing hospitals, doctors, nurses, EMTs, school administrators, businesses, children, unions, Milwaukee schools, American Indian tribes, pharmacists, firefighters, local health departments, senior citizens, churches and dentists.

Hagedorn joined with the liberal justices in supporting Evers stay-at-home order in May, when conservatives held a 5-2 majority. His stance then gave Democrats hope that he would cast the deciding vote to uphold the mask mandate. But during oral arguments in the mask case on Nov. 16, Hagedorn questioned Evers’ authority to renew health emergencies beyond the 60-day limit. He said it was an "extraordinary grant of short-term power to the governor" and that "it seems like the Legislature wanted to allow for only a very short period of time."

Wisconsin State Capitol, Madison

The case challenging the mask mandate was brought by Jere Fabick, a major Republican donor in Wisconsin who has given more than $350,000 to Republican or conservative candidates in Wisconsin between 1994 and the middle of 2020, according to the Wisconsin Democracy Campaign.

In 2016, Fabick gave $20,000 to conservative Wisconsin Supreme Court Justice Rebecca Bradley. Fabick is a board member and policy advisor for The Heartland Institute, a free-market think tank, and also the president of a multi-state Caterpillar equipment and engine dealer.

Reaction to SCOWIS ruling

Senate Majority Leader Devin LeMahieu (R-Oostburg)

"I applaud the Court for ending this constitutional crisis in our state. Their ruling upholds the separation of powers and the rule of law – core principles since the founding of our state and nation. The Governor’s repeated abuse of emergency powers and pervasive violation of state statute created a state of chaos and had to be stopped. The Legislature exercised its authority to revoke Governor Evers’ order in February, and today the Court handed down the final rebuke of the Governor’s illegal actions. 

"Today’s ruling vindicates 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 ready, and always employ common sense."

Assembly Democratic Leader Gordon Hintz (D-Oshkosh)

"I am deeply disappointed in today’s decision by conservatives on the Wisconsin Supreme Court. They got it 100% backwards today. The majority’s decision pretends that a pandemic is unchanging and ignores the devastating human impact of COVID-19. And it ensures that Wisconsin’s response to future pandemics will be more complicated and take more time, which in turn will cost more lives.

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

State Senator Julian Bradley (R-Franklin)

"Despite a cowardly delay, the Supreme Court finally got it right. Governor Evers' unconstitutional orders forcing a mask mandate on Wisconsinites were a clear abuse of power.

"The governor's brazen power grab became even more outrageous when he ignored the Legislature'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."

State Senator Chris Kapenga (R-Delafield)

"Today’s decision from the Wisconsin Supreme Court is a win for the rights of the people of Wisconsin. The American form of government has protections built in to prevent any branch of government from being too powerful. Governor Evers abused his power to repeatedly declare emergencies. His unwillingness to follow the law threw our state into a constitutional crisis. This decision reinforces that one person cannot wield unchecked power over the people of Wisconsin indefinitely."

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

"Governor Evers abused the law and the constitutional separation of powers by declaring multiple, consecutive emergencies. This decision ensures that Wisconsin’s constitutional order cannot be suspended for unlimited periods of time as long as the executive branch can justify an emergency declaration."

 

[Mag6240]

Now if only MN would follow suit.  

[racinfarmer]

Maybe the libs will have another erection at the WI state capital.  

Or is in insurrection? 

[Legend]

Well the mandate was set to expire in 4 days anyway, so good waste of money.....

 

Though the massive faggot most likely would have extended the mandate again to show his dominance.

[Ez ryder]

Yeah fox is really a hard bias right wing platform . That is what every one is constantly saying . Yet they constantly Frame shit just like this 

 

stripping the governor of one of his last remaining tools to curb large-scale spread of COVID-19 

Edited April 1, 2021 by Ez ryder

[Ez ryder]

3 hours ago, racinfarmer said:

Maybe the libs will have another erection at the WI state capital.  

Or is in insurrection? 

Hey hey that was not a insurrection that was a mostly peaceful protesters for the greater good don't CA know

[SayatodaU.P.eh?]

So obviously Wisconsin’s governor doesn’t have the means to get shit “done” like ol Gretchen does, eh?

[Anler]

2 minutes ago, SayatodaU.P.eh? said:

So obviously Wisconsin’s governor doesn’t have the means to get shit “done” like ol Gretchen does, eh?

Michiganders are betas

[SayatodaU.P.eh?]

6 minutes ago, Anler said:

Michiganders are betas

Fucking must be. Some of the highest cases numbers, deaths and vaccines. Weird. 

[Ez ryder]

Wi also just made roadies legal.  Not that I ever saw a WI bar tender not give one in a plastic cup but now it is league lol

[Anler]

9 hours ago, Ez ryder said:

Wi also just made roadies legal.  Not that I ever saw a WI bar tender not give one in a plastic cup but now it is league lol

I still do road pops. It's a long standing tradition!

[Rigid1]

30 minutes ago, Anler said:

I still do road pops. It's a long standing tradition!

I don't think there is a better way to enjoy a drive

[racinfarmer]

36 minutes ago, Rigid1 said:

I don't think there is a better way to enjoy a drive

Say it with me.

Roadhead.

[Anler]

56 minutes ago, racinfarmer said:

Say it with me.

Roadhead.

I remember that! LOL

[Rigid1]

56 minutes ago, racinfarmer said:

Say it with me.

Roadhead.

You got me with that one!! Haha!!

[jdsky]

Our worthless lame duck governor elected by the same milwaukee crew that found thousands of votes in the early morning long after every other polling place was closed.  They perfected the process and used it again for the last presidential election.  It works every time.

Thankfully he has some checks and balances in place to put a limit on the stupidity.  Something that washington completely lacks at the moment and the country is paying for each and every day.  

[racer254]

7 minutes ago, jdsky said:

Our worthless lame duck governor elected by the same milwaukee crew that found thousands of votes in the early morning long after every other polling place was closed.  They perfected the process and used it again for the last presidential election.  It works every time.

Thankfully he has some checks and balances in place to put a limit on the stupidity.  Something that washington completely lacks at the moment and the country is paying for each and every day.  

100% correct, Wisconsin was the guinea pig for the process.

[ActionfigureJoe]

 Numbers are going to go back up. 

[Tinker]

It's still laughable that a mandate and enforcement is or was required to wear a mask... but that's the thing about common sense.

[racer254]

31 minutes ago, ActionfigureJoe said:

 Numbers are going to go back up. 

And yet you are running to other states ignoring all the social distancing guidelines.  Astonishing.

[ActionfigureJoe]

2 minutes ago, racer254 said:

And yet you are running to other states ignoring all the social distancing guidelines.  Astonishing.

 No. I was out of the country. It was beautiful.  

[CFM]

3 minutes ago, ActionfigureJoe said:

 No. I was out of the country. It was beautiful.  

You have no idea how beautiful it was.....Really.

 

[racer254]

15 minutes ago, ActionfigureJoe said:

 No. I was out of the country. It was beautiful.  

So you consider yourself above the mandates and guidelines? 

Why didn't you stay out of the country permanently? 

And don't worry, many people on this forum understand how much of a fraud you actually are.

Edited April 1, 2021 by racer254

[Ez ryder]

4 hours ago, jdsky said:

Our worthless lame duck governor elected by the same milwaukee crew that found thousands of votes in the early morning long after every other polling place was closed.  They perfected the process and used it again for the last presidential election.  It works every time.

Thankfully he has some checks and balances in place to put a limit on the stupidity.  Something that washington completely lacks at the moment and the country is paying for each and every day.  

In MN we just have a designated Volvo we use with trunks full of found ballots when it gets to close.  It is nice they can just drive from polling place to polling place wrapped in the smug safety of a Volvo 

[ActionfigureJoe]

59 minutes ago, racer254 said:

So you consider yourself above the mandates and guidelines? 

Why didn't you stay out of the country permanently? 

And don't worry, many people on this forum understand how much of a fraud you actually are.

There are no guidelines against out of state or out of country travel, dummy. And since when did you or anyone else’s opinion of me matter on CE?