"... that canceled in-person K-12 schooling this academic year and kept ‘nonessential’ businesses closed until the last week of May. The court, in a 4-3 ruling released Wednesday, found the order issued by the state's top health official exceeded her authority and that she needed legislative oversight to implement the language in the first place.... [L]ocal officials are likely to put in place their own restrictions, meaning it's possible the state could see a patchwork of regulations where bars, restaurants and other establishments are able to operate in one city but not a nearby one. Already, Madison and Dane County health officials have announced they are implementing most parts of the extended stay at home order, keeping area schools closed and allowing only essential travel for residents...."
The Wisconsin State Journal reports.
ADDED: The
NYT story on the case quotes the court...
“An agency cannot confer on itself the power to dictate the lives of law-abiding individuals as comprehensively as the order does without reaching beyond the executive branch’s authority”....
... and Rick Esenberg, "the president and general counsel of the Wisconsin Institute for Law and Liberty, which had filed an amicus brief siding with the Republican-held Legislature":
“The court’s decision ensures that Wisconsin’s response to Covid-19 must involve both the executive and the legislative branch... Wisconsin will be better for it. The grave nature of the pandemic cannot be used to subvert our very form of government.”
Posts
40 comments:
"and allowing only essential travel for residents...."
I was surprised to read here today that we Wisconsin residents are not required to stay at home (except for essential travel). It was my understanding that we were, and this article implies the same thing.
The NYT has Wisconsin as one of only 11 states that are "shut down or restricted".
Florida and Georgia have done well after reopening. It will be a good test to see which counties remain closed and which open up, and what the outcomes for each end up. If the open counties do as well, or possibly better, it will be fun to see how the closed counties respond.
There is no grave danger in Wisconsin.
426 fatalities out of a population of over 8 million.
There was never any justification for any kind of state response in Wisconsin.
There is none now.
That was fast. Just received an email from Dane County imposing the stay-at-home order.
Treating individuals as autonomous citizens responsible for their own decisions and lives and those of their loved ones?
Outrageous! Shameful! Racist! Misogynist! Homophobic! Transphobic! Literally violence! I can't even right now! Something something f-word something!
So there were 3 judge priests who want to turn Wisconsin into a dictatorship posing as judges.
Original Mike said...
That was fast. Just received an email from Dane County imposing the stay-at-home order.
Since the hospitals are in no danger of being over burdened and never were it is clear what is happening here.
There was never a curve to be flattened.
Only freedom to take from citizens.
I hope this is the beginning of the end of these statewide unconstitutional shutdown. I hope CA courts act the same way; especially in LA County.
Evers is a fascist.
The people that support him and Inslee and Cuomo and all the rest in this continuing effort to destroy our country are a positive threat to our freedom.
Are you helping?
Now it is just county by county, nothing changed in Dane County. Wonder if the folks up north are ready for the FIBs to head to their cabins now.
Interesting that Hagedorn sided with the left leaning members, as he seems to not this castrates the Governor's power. Given he worked for Walker, he sees the danger.
Hawaii county has no known active cases of covid-19. Any arrivals to the island are subject to a mandatory and enforced 14 day quarantine.
Of course, we remain under a stay at home order.
Wisconsin will lead us out of this shutdown. Thank you Badgers! On Wisconsin!
It seems to me that paragraphs 43 to 55 of the opinion seems to prohibit what Dane County is doing. If the actions of the state health director clearly exceed the scope of her authority under Section 252.02 (see paragraph 55), then the actions of Dane County in essentially re-implementing the order would also clearly go too far under the analogous Section 252.03.
End One-Idiot-Rule!
Prudent and bold. That said, the Wuhan virus (formally known as SARS-CoV-2) is a hygienic bigot, so adjust your behavioral protocol accordingly.
Kaboom!
There is a coronavirus problem, not an emergency. Governors should recognize that different parts of their states have different needs. Dane County, with a huge percentage of salaried state and university employees, can afford to shut down almost indefinitely. In fact, the state could be better off if it never reopened.
That is not true for many counties in Wisconsin.
“If a forest fire breaks out, there is no time for debate. Action is needed. The governor could declare an emergency and respond accordingly. But in the case of a pandemic, which lasts month after month, the governor cannot rely on emergency powers indefinitely,” Roggensack wrote for the majority.
Makes sense to me... The biggest question now though is who gets the blame for every single C-19 case in Wisconsin from here forward? The supreme court or Donald Trump?
PS - I hope Madison remains locked down for 2 or 3 years - that will show the rest of the state!
The task, in the above-cited case, for Wisconsin's Supreme Court was to decide if the action of Governor Evers' Administration is or is-not an unconstitutional seizure of power-and-authority which should be reserved to the our State's Legislature.
That was, very properly, a "political" decision as it will (Or, should) declare the limits of political power for two of Wisconsin's three branches of government.
Again I ask: What will be different in two weeks that will make opening up then safer? Is it safer today than it was on May 1st?
It's estimated by "experts" that the economic impact of the shut down will lead to 72,000 additional suicides nationwide. Thousands more will die from missed medical procedures and doctor visits. Then add in deaths from increased poverty and loss of health insurance, and you've done a heck of a job there saving us, government. You managed to make a pandemic much worse. Better than nothing is a high standard, and the government proves it better than anyone over and over again.
This is why government officials should not be deciding this for us, especially un-elected ones. No official would have the guts to do the right thing on this, becuase it could be the wrong thing, and then they would be responsible. Nobody wants that responsibility, so they are all avoiding the inevitable until we force them into it so they can claim they had no choice. We should be deciding for ourselves if we want to take the long risk of dying from Covid, or the much more realistic risk of being wiped out financially. We make that decision every day just fine when we drive to work which kills about the same number of Wisconsinites every year as Covid has. It's not that tough a decision. And yes, when you decide to drive to work, you also endanger others on the road as well.
We are going to learn to live with this risk sooner or later, just like we do with all the other much greater risks every single day.
I note that Dane County's new #cowerathome order relies on (unconfirmed appointee) Palm's Order 28 - which was struck down and labeled "unenforceable" by the Supremes. So that raises the question of how Dane County can enforce an order that is unenforceable by the State of which that County is a part.
All these people from out of state, so happy to tell us how to live.
I'm guessing Ann is not going to be running out to the open restaurants, shops, or walking the pedestrian malls.
Congratulations business, you got what you wanted ... open doors and majority of the populace unready to head out. Enjoy going broke having pawned the libs.
I’m watching the Governor right now. “Wild West.” “No rukes.”
The guy is a fascist. He wants to continue the shutdown.
On a plain meaning, original intent analysis, the kind conservatives are supposed to like, the dissenters--both Dallet and Hagedorn (the Republican)--clearly have the better of the statutory construction arguments on every issue. The decision that rule making is required ends up reading important, recently added, language completely out of the relevant statute and, and as the dissenters point out, effectively hamstrings the state in responding to fast moving public health emergencies. On other issues, like school closing, the court declines to set the order aside, but without a word of explanation. Clearly it doesn't want to suggest than anything Palm did was right, though even on its theory the school closings were clearly proper.
The dissenters are also way ahead on understanding the judicial role. The concurring members of the majority feature a gigantic constitutional non-delegation argument, of many pages, that was not briefed or argued by any party. And the majority's analysis of the scope of the order rests on a completely undefended theory of standing that Hagedorn takes apart in one or two sentences.
Hard to avoid the conclusion that the majority was more interested in helping the legislature to score political points than in following the words of the relevant statutes or helping the branches of government that are competent to do so to address the pandemic.
Final point: the partisan who is willing to split with other partisans is often the canary in the mineshaft--Romney on impeachment, Hagedorn here.
It looks like individual Counties and municipalities will be making their own decisions.
Friends of mine who are up in northern Wisconsin texted me and said they're out at a bar having a celebratory drink.
Of course, we're all going to die now.
In New Mexico, the governor just announced that starting Saturday, you must wear a mask while in "any public setting" with an exception for eating, drinking and exercising.
Looks like I'll be exercising a lot starting Saturday.
Some bars in Brown County (Green Bay) reopened Wednesday evening after the late-afternoon Wisconsin Supreme Court ruling and drew nice crowds immediately, mostly thanks to social media work by popular bartenders. Somebody even told TV it was like the end of prohibition.
But not for long. The county health director re-instated most of Gov. Evers' safer-at-home rules with an emergency order, and the lights were out and people sent home by 9 p.m.
Which is fair. Greater Green Bay has roughly 200,000 residents and 2,000 current COVID cases which makes it an infection-rate hotbed by Wisconsin standards. Our local County health department's order is good only through May 20th, which shaves a week off the Evers mandate. In contrast, in lightly populated "Up North" Wisconsin, where some counties have 5, 15 or 25 cases total, I can't imagine anybody's reinstating anything. Let freedom ring! And let's see for ourselves how many get sick.
" effectively hamstrings the state in responding to fast moving public health emergencies."
All that is irrelevant because no such emergency exists. The reason taking such action is "hamstringed" (really just difficult) is so that the government doesn't use fear and unproven excuses to take away rights. If the emergency was real, they wouldn't need to force that power over people as was clear in the beginning when the emergency was possible, the plan limited, and the people willing to accept the mitigation. The government didn't keep that bargain. The facts changed and the necessity evaporated. The people's right to resist is really all we have. Without resistance the checks on government power are just words.
How did they rule on Directive 10-289*?
*See Atlas Shrugged.
"All these people from out of state, so happy to tell us how to live.
I'm guessing Ann is not going to be running out to the open restaurants, shops, or walking the pedestrian malls.
Congratulations business, you got what you wanted ... open doors and majority of the populace unready to head out. Enjoy going broke having pawned the libs."
All three items are each person's right to do, not do, argue with, or ignore. Nobody is being forced to do anything if they don't want to.
Good for Wisconsin! And, oh yeah, fuck Evers.
Good. About fucking time.
Dan O'Donnell
@DanODonnellShow
·
57m
Level with me, @TheOtherMandela
, are you really a conservative actor doing a parody of a dumb liberal that got out of control and now you’re a Democrat lieutenant governor? DM me and I can get you out of this jam.
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Dan O'Donnell
@DanODonnellShow
·
59m
His branch of government literally SHUT THE ENTIRE STATE DOWN FOR TWO MONTHS and he’s dumb enough to think his branch of government doesn’t “essentially” exist?
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Dan O'Donnell
@DanODonnellShow
·
1h
Every time Evers actually lets him do or say something (which is rarely, and with good reason), I keep thinking, “He can’t really be this stupid,” and then he reveals that he doesn’t actually know what the judiciary does.
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Dan O'Donnell
@DanODonnellShow
·
1h
Honestly, if I ran a Mandela Barnes parody account, I might tweet the exact same thing.
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Dan O'Donnell
@DanODonnellShow
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1h
Wisconsin’s preeminent constitutional scholar weighs in on the Supreme Court ruling.
Quote Tweet
Mandela Barnes
@TheOtherMandela
· 4h
Those who claimed the governor overstepped, what do they make of a wholly aligned legislature and judiciary? Effectively there have been two branches of government in Wisconsin, weighted 2-1.
"It's safer at home" - that's what mom always said.
Then we went to college and out into the real world and realized that we had no clue what the hell was going on.
> Which is fair.
To who? the bar owners? the people who want a drink? The people 50 miles from either
This is a message to move from Blue states
if you have any balls
move to FL, TX, or GA
Then you are free to conduct commerce, or free to stay home.
FREE
Evers burned a lot of credibility by trying to stop the election. I actually don't consider him a bad guy, but he's an Official in a time when Leaders are called for.
TW
Bagoh 20:
The majority and the dissenters both agree that there is an emergency to address.
Congratulations business, you got what you wanted ... open doors and majority of the populace unready to head out. - Dumb Mark
And just who is forcing those stupid rubes to leave their homes and go out into the great, wild, disease-ridden thunderdome?
You mean nobody is being forced to leave home? Then what's your fucking point?
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