May 15, 2020

"Leaders of cities and counties who raced this week to implement restrictions in the wake of a state Supreme Court ruling against Gov. Tony Evers are now tossing those orders..."

"... many citing uncertainty over whether they are legal. At least 17 communities had issued new orders aimed at limiting the spread of the coronavirus by Friday morning — but hours later, at least eight had dropped them.... The Democratic attorney general late Friday weighed in on the question by issuing an opinion saying the Supreme Court ruling did not apply to the local officials' authority but that any orders they issue should not carry criminal penalties.... [O]ther attorneys and officials at the Wisconsin Counties Association said they didn't know whether local health officials had the power to close businesses, among other restrictions.... The local governments are backing off their health orders just as Republican lawmakers insist it should be up to local officials rather than state leaders to determine whether people should stay at home and businesses should close.... Not all communities were changing course. Two of the largest population centers — Milwaukee and Dane County plans [sic] to keep in place their orders. 'I’m confident our order is legal and valid. Hopefully, everyone will continue to follow it to help the suppression of the disease,' said Marci Paulsen, an assistant city attorney who represents Madison and Dane County’s joint health department.... The court struck down the state order because it found state officials needed to go through a rulemaking process that is overseen by lawmakers. But local officials are not required to use that process, she noted."

The Milwaukee Journal Sentinel reports.

21 comments:

Sebastian said...

"uncertainty over whether they are legal"

What part of WI law gives counties powers the state constitution denies to the state executive branch itself?

daskol said...

Lockdown is over already. The courts, judicial and public opinion, will clean up the mess. The public opinion stuff might get a little rough if some of these idiots don't at least pretend to recognize their subordinate position. But hey, being a superhero virus fighting politician was apparently irresistible to those who make their living aspiring to more and greater power.

Hammond X. Gritzkofe said...

This whole sad, sordid fiasco is premised on Government, not the individual citizen, being responsible for the health and well being of the individual citizen.

Absent that presumption, where is the justification for any of these new "rules?"

wild chicken said...

Our "leaders" love it when someone else calls the shots. "My hands are tied." I'm glad Trump went the guidelines route.

Please please won't someone tell us what to do!! Lol

paminwi said...

As of yesterday a local Madison hospital had 3 positive Covid patients and 2 under investigation.
They had closed down complete floors to accommodate patients.
Now, they are trying slowly to get back to normal.
If our governor says we still have a problem with hospitals being overwhelmed he is a liar.
This local hospital, according my source, was NEVER asked to accept patients from any other southern Wisconsin hospital because they were overwhelmed.

David Begley said...

Suppression of the disease in Dane County? How many cases? How many deaths? What is the median age of the deceased?

Bay Area Guy said...

Chaos!

Mark said...

I hear Rick Essenberg of WILL is threatening to sue counties if they put forth any restrictions.

Wisconsin, where the Republicans love lawfare.

minnesota farm guy said...

Gets a little scary when you live with the people you are trying to dictate too. They know your name, home address and when the next election is.

daskol said...

SO. It seemed a little like Achilles or Drago were a little, I don't know, emphatic earlier in emphasizing the political/social control angle of the pandemic. But now it seems like they're positively understated compared the civil disobedience that's beginning to sweep the nation. There are some political leaders, the maladroit, the stupid nepots and petty would-be despots, who apparently think America has forgotten about why they like Trump, and seem intent to demonstrate for normal Americans why they need Trump way more than they ever thought. On the electoral politics angle, that's OK. But in the sense of justice, Mayor Garcetti (DeBlasio doesn't rate, nobody cares what he says), Gov Whitmer--tar, feathers and a ride out of town are all that will do. If these buffoons had the authority they think they do, that's probably a remedy they should fear. Fortunately they can be ignored and mocked: they get to live, and so do we, at the expense of further eroding the prestige of their respective offices and the authority of our elites. So all's well that ends well, but what a bunch of creeps and finally fools they've revealed themselves to be, confusing people's voluntary compliance and good sense with the exercise of their supreme authority. We have the worst ruling class in American history, and they're just dying for anyone who doesn't know it yet to realize it.

daskol said...

In the MLB, they say the manager has lost the clubhouse. These idiots don't realize how replaceable they are. It's time for a lot of replacement players. Maybe the MLB players, who aren't exactly busy right now, should try running for stuff. Or the NBA players. Anyone, please. Oprah? Roseanne? They must be so bored. There are powerful sinecures to be had, with great pensions. James Woods should run for mayor of LA, if he still lives there.

Megaera said...

Who would have thought Wisconsin was such a haven for larval dictators? Do your cities and counties really have such untrammeled discretion that the county commissars (excuse me, slip of the keyboard) commissioners and city governments can send their citizenry off to prison and fine them their life savings on the merest pretext -- or no pretext at all -- without any kind of actual fake rule-making? Damn, the Soviets and the CCP were pikers by comparison. And what happens when the citizenry rebels (however Wisconsin-nicely they do it)? Is there some sort of gulag awaiting them, or must they build it themselves, financed by their forfeited property? And what happens when they all demand immediate release from confinement due to what the State - er, County - um, Township ... eh, whatever solemnly assures is the Ghastly, imminent peril of contact closer than 6 feet?

CWJ said...

"...issued new orders aimed at limiting the spread of the coronavirus..."

Really? No seriously. Was that really the intent?

Achilles said...

The Wuhan Virus has taken the masks off of a lot of Nazis.

Achilles said...

Notice how they never talk about flattening the curve anymore.

They were always lying.

This was all about seizing power.

I'm Not Sure said...

"This was all about seizing power."

I don't think they were really planning on doing that- they're not that bright. They are, unfortunately, bright enough however, to realize when an opportunity has been dropped in their laps.

bagoh20 said...

"Officials in New York state admit that they tried to quietly change their coronavirus death count standards in such a way that would underreport those deaths at nursing homes.

The change would underreport the count of "nursing home" deaths at a time when New York Governor Andrew Cuomo is under fire for the policy forcing nursing homes to take in coronavirus patients.

On Sunday, Cuomo rescinded the policy after scathing criticism.

New York has the highest number of nursing home deaths in the country, with 5,433 reported deaths as of reporting from Wednesday"

The Democrats' idea of an improvement over Biden. Cuomo actually knows what he's doing, but that just makes him worse.

techsan said...

So let's see. Back in March there was an "order" (or "rule") by the executive branch that the US Constitution was null and void until April 24th in the Great State of Wisconsin. Apparently, as we got closer to that date, someone (not a body representing the people) thought 60 days wasn't enough and a May 26 date was set. A judicial review said...umm...no. Along the way, the WI executive branch decided not to set out any case for why any rules should be put in place at all...and thus not negotiate with the one group (the body representing the people) which could put in place a legitimate set of "orders" or "rules". So here we are. A return to a set of rules and laws in place by an evolution of time and whatever else goes into lawmaking. And somehow...we're all going to die...because...well...the legislative branch didn't..do.."something".

PhilD said...

"Who would have thought Wisconsin was such a haven for larval dictators?"

The by far largest university faculties in my country are the social 'science' faculties and I suppose it is much the same in the rest of the West including the USA.
Now it is my opinion that the main result of the social 'sciences' is the production of little fascists on an industrial scale. So it stands to reason that these 'larval dictators' are everywhere, especially in the 'progressive' states.

Mark said...

techsan, they did not find it in violation of the US Constitution, rather the state laws. If it was regarding the US Constitution that would be in federal court, no?

Kevin said...

Raced? Was there a prize for finishing first?