"The order means the governor will be barred from extending the state's current COVID-19 emergency order and mask mandate, which was set to expire on April 5, unless the Republican-controlled Legislature votes to extend it. Otherwise, it will continue to be up to local governments, such as cities and counties, to impose their own virus restrictions. Dane County's mask mandate remains in place. The court's 4-3 ruling on Wednesday, with conservative swing Justice Brian Hagedorn joining the conservative majority, follows a pattern of skepticism the state's highest court has exhibited toward the governor's mitigation efforts since the pandemic began. Hagedorn delivered the majority opinion where he wrote that Wisconsin law gives Evers extraordinary powers for only a short duration, 60 days, following the declaration of a public health emergency. 'The plain language of the statute explains that the governor may, for 60 days, act with expanded powers to address a particular emergency,' Hagedorn wrote. 'Beyond 60 days, however, the legislature reserves for itself the power to determine the policies that govern the state's response to an ongoing problem. Similarly, when the legislature revokes a state of emergency, a governor may not simply reissue another one on the same basis.'"
The Wisconsin State Journal reports.
Okay, then. The governor exceeded his powers under the statute.
"Dane County's mask mandate remains in place" — that's the answer for me.
Response from the Democrats. The court is just doing right-wing politics:
The @WisDems statement on the Wisconsin Supreme Court ruling that just came down, in which far-right judges put partisanship above public health: pic.twitter.com/3V4L60IG8i
— Ben Wikler (@benwikler) March 31, 2021
Posts
89 comments:
Emergency powers are not permanent powers. This seems obvious to most of us.
Has there ever been a Republican Judge majority that doesn't have a RINO swing vote?
State legislature needs to take back power and open up the state. Evers is crook and a creep. Helped steal the election. Hope Winsconsin will elect a new one.
The Deep state system grinds on.
So Ann goes with the local Dictators. Good to know. Wear your mask forever even though you have had the shot.
"mitigation efforts."
Is there any evidence that such "mitigation efforts" worked? I mean, beyond "flattening the curve," if then, way back?
Since Inga is in Wisconsin, I eagerly await her wailing and moaning that those darn evil Republicans won't allow a Democrat governor to be a permanent dictator forever and ever, "But it's all in the name of safety!"
Has there been a Democrat governor yet that has voluntarily relinquished any emergency powers or reopened things, without being forced to by a Court or legislature? I've honestly not heard of one yet.
"reckless and dangerous": You people don't know what's good for you and you certainly cannot be trusted to look after yourselves.
And where is the Washington State Supreme Court? From what I recall, Inslee has some of the same restrictions as Evers had: only 30 or 60 days in the state Constitution before the Washington legislature is supposed to take over.
Completely ignored it, as I recall, and still acting as a dictator.
Lookie it's Ben Wikler, Althouse's old pal. He was probably very involved in pumping up the Dem votes in 2020.
This is what I meant by successful writers manipulating their readers and the readers seem to love it.
It ids more and more evident that some people (almost all on the left) really enjoy this pandemic, at least they enjoy the power over fellow citizens.
a pattern of skepticism the state's highest court has exhibited toward the governor's mitigation efforts
The journalist indicates falsely that the issue is the governor's mitigation efforts.
Rather, the issue is the maximum duration of the governor's extraordinary powers.
The governor may continue his mitigation efforts, but he must do so with the legislature's cooperation.
The journalist should describe the issue correctly.
"Far right" = Statistspeak for "pro-freedom"
Is it now illegal to wear a mask? Can't people who believe they are at risk of dying within 6 feet of another person simply not mingle with such people who have a blatant regard for the law.
no, FAR Right judges. Hitler like. To not be forced to wear a mask.
thats FAR right now.
covid-cdc-study-finds-roughly-78percent-of-people-hospitalized-were-overweight-or-obese
"Fat is beautiful" is a first-order forcing of disease progression.
New mandate: Balanced diet and exercise. Go real, not virtual.
Isn't it funny that when the left does not like the "rule of law" it is ALWAYS a result of "partisan politics" on the part of those saying "No" but when they do it, it is always them "stopping dangerous right-wing extremism".
Their "partisan politics" is always doing right by the little guy and justifiable but anything that does not go their way is the result of extremism but they are NEVER extreme.
"Since Inga is in Wisconsin, I eagerly await her wailing and moaning .. "
Don't wait too long. I suspect she's on a boat to Beijing to be with a like minded citizenry.
"right-wing politics"
True. Unlike progs, we want 1. rule of law, you know, like, following the actual text of the actual statute; 2. limits on executive power, you know, like, with checks and balances and protections for basic liberties and such. IOW, "extremism."
Postoperative wound infections and surgical face masks: a controlled study
Effectiveness of Adding a Mask Recommendation to Other Public Health Measures to Prevent SARS-CoV-2 Infection in Danish Mask Wearers
Physical interventions to interrupt or reduce the spread of respiratory viruses
Follow the science, not your intuition.
Hitler like. To not be forced to wear a mask. thats FAR right now.
Hitler was a leftist as in Jew privilege, diversity [dogma], Planned Jew/selective-Jew/clinical cannibalism, redistributive change, and wars without borders. Still, a third tier leader compared to Stalin, Mao, Mugabe, and other socially just, forward-looking leaders. The anarchist/totalitarian, right/left nexus is leftist.
Thank goodness Dane County remains a bulwark against the contagion of individual liberty.
Michael K @ 12:51: “... at least they enjoy the power over fellow citizens.”. And why would they not? That power not only gives them the power to hurt other people; but it also gives them the moral sanction to do so “for their own good.” An irresistible two-fer.
What was the dissent’s reasoning?
Mask mandate ends in Omaha May 31.
"right-wing politics"
Libertarian.
Also, center-wing politics "conservative": Pro-Life, Liberty, and the pursuit of Happiness. The Constitution does not discriminate by sex or diversity classes (e.g people of orange).
... a pattern of skepticism the state's highest court has exhibited toward the governor's mitigation efforts
... a pattern of skepticism the state's highest court has exhibited toward the governor's violations of the state constitution.
... a pattern of contempt that this journalist has exhibited toward correct reporting.
The CDC Admits I Was Right
"Fat is beautiful" is a first-order forcing of disease progression.
Also, a tale of two counties.
Althouse’s precious Ben Wikler demands a Supreme Court that respects the laws and Constitution of the state. Neither he, nor (I suspect) Althouse herself, gets that this is exactly what they did. As others have pointed out upthread, the issue is not that Governor Evers was mistaken in his initial response to COVID-19. The issue is that after a certain number of days the senile old nitwit needed to persuade the legislature of the necessity of continuing his emergency regulations.
Of course Dems are going to continue playing politics with the pandemic. It won them the Presidency and completely screwed up the economy, their two top priorities. The pandemic is the best thing for Dems since the Great Depression.
I see Ben Winkler is no more honest than other political hacks. Nice boy hangs out with a nasty bunch and ends up in the gutter. It is an old story...
Also the statement masks are thee most important safety measure other than vaccination is false. Both distancing and washing of hands after potential exposure are vastly more important than masks. This is yet another example of how left wingers lie about science in order to justify their political narrative. Their only goal is scapegoating (which always makes me look forward to their next complaint about "divisiveness").
The problem is left wingers don't care about anything other than politics so subordinating science and "public health" to their partisanship is just what they do.
The problem is left wingers don't care about anything other than politics so subordinating science and "public health" to their partisanship is just what they do.
+1
Ah yes Ben Wikler...
...who has worked so hard to get judges like Brett Blomme elected.
In his eyes, Wisconsin would be a utopia if we had judges who espoused "progressive" values: like promoting child pornography and sex exploitation and sex predators.
The problem is left wingers don't care about anything other than politics so subordinating science and "public health" to their partisanship is just what they do.
To be fair, intuitive science is real, em-pathetic appeals are effective, and legal liability without borders is a past, present, and progressive problem.
we had judges who espoused "progressive" values: like promoting child pornography and sex exploitation and sex predators.
Social progress, yes. Also, social justice, political congruence, diversity dogma, and, of course, reproductive rites ("wicked solution").
So, wait, exactly WHO is "putting partisanship above public health"?
I'd say it's every single person who claims that a public health problem means a Democrat Governor gets to be a dictator.
That's a pretty partisan act.
Why didn't the Democrat Governor go to the State Legislature and work with them to devolve laws to deal with the problem?
That failure sounds like a partisan act on his part.
No "emergency" lasts longer than 60 days. Because once you've gotten to 60 days, you've had plenty of time to address the problem in a non "emergency" manner.
We're supposed to be a democratic republic, not a dictatorship.
That means that government problem solving is supposed to take place in the open, among our democratically elected representatives.
Not in secret, among on elected person and his or her flunkies.
If you have a problem with this ruling, it's because you are a bad human being
LYNNDH said...
So Ann goes with the local Dictators.
No.
Read more carefully
Althouse wanted to know if this ruling affects her. The answer is "no", it doesn't. Because Dane County actually followed the law with their stupid mask mandate.
He may be old, he may be senile, he may be a nitwit..but he is ours!!
Brought to you by Dane County campaign to elect nitwits..
If Masks and distancing work why aren't Florida and Texas all dead?
Viruses are gonna virus. Life is uncertain because so many things in this world can kill you, even these vaccines. The folks in California that had a Redwood crush them in their car for example. Nobody gets outta here alive.
Wasn’t Althouse gushing over Ben Wikler at one point?
Pencil neck geek, cheese eatin' freak
Putz-suckin' Evers has a lousy physique
He's a one man, pinhead, losing streak
Nothin' but a pencil neck geek
Each county and each place of business will decide if they will require a mask. As I understand it the State will not prohibit private businesses or individual counties from mandating mask wearing. Everyone should make up their own minds and follow their own instincts. I’m fully vaccinated and so is the daughter I was with most of yesterday. We went into a restaurant and didn’t have any masks on. This was in Waukesha county, so no one gave us a hard time. But if they had, I would’ve pulled out my vaccine card and explained politely that I’m fully vaccinated. I’m pretty sure if we had been in Dane County, we would’ve been required to wear a mask, which is OK too.
People need to calm down about wearing or not wearing masks.
“Pencil neck geek, cheese eatin' freak
Putz-suckin' Evers has a lousy physique
He's a one man, pinhead, losing streak
Nothin' but a pencil neck geek”
Nanny nanny boo boo.
He killed the requisite number of old people on purpose, that was the point
Nanny nanny boo boo
Now go empty teh poo poo
They stole the state supreme court election and swung the election, that wa the point
“Nanny nanny boo boo”
“Now go empty teh poo poo”
Now wipe your drool off your chin and say goo goo.
“They stole the state supreme court election and swung the election, that wa the point”
Who stole the State Supreme Court election? What the hell are you talking about?
By voiding the voter id restriction, even tito would be embarassed at your groveling for tyrants
it will continue to be up to local governments, such as cities and counties, to impose their own virus restrictions
Does this mean a freedom loving jurisdiction, hypothetically, order a liberal upwind county to hold its breath until it passes out? You know for the safety of it's residents?
“By voiding the voter id restriction, even tito would be embarassed at your groveling for tyrants”
Excuse me? Wisconsin required/requires picture ID to vote. No one voided anything.
He killed the requisite number of old people on purpose, that was the point
Planned Parent/hood.
so no one gave us a hard time. But if they had, I would’ve pulled out my vaccine card and explained politely that I’m fully vaccinated
I tell them to mind their own business. Then they say "so you want to kill a grandmother". and I tell them if grandma hasn't been vaccinated, she's an stupid for being out in public. And, I can't fix stupid.
Now there is an illogical focus on vaccinating, 12 year olds and up. Something is afoot. This is senseless.
Wisconsin required/requires picture ID to vote
For mail-in ballots?
For mail-in ballots?
Hey, ignarant is on a roll, don’t marsh her mellow.
I thought it was supposed to be a bad thing to suggest that a judge is acting for political reasons.
Sorry, I don’t mean to hihack the thread, but commenters here need to know Wisconsin laws before making untrue claims. I won’t engage any more “experts” on WI voting laws, because I know Althouse doesn’t like the thread being taken off topic.
“Most Wisconsin voters must show an acceptable photo ID when voting at the polls on Election Day or by absentee ballot. There are some exceptions for absentee voters. More information on the Photo ID law is available below or you can find detailed information on Photo ID and the exceptions to the law at http://bringit.wi.gov“
https://myvote.wi.gov/en-us/PhotoIDRequired
The rules for absentee voters are pretty simple:
If you’re in the military, live permanently overseas or are classified as a confidential elector, you don’t need a photo ID to cast your absentee ballot.
There are also accommodations in the law for absentee voters who cannot make it to a polling place because they are indefinitely confined, or live in a nursing home or care facility. These voters do not need to show their photo ID, but other rules do apply.
Do indefinitely confined voters have to provide a photo ID?
An indefinitely confined voter does not need to provide a copy of photo ID. Instead, the witness’ signature on the Absentee Ballot Certificate Envelope satisfies the photo ID requirement.
A signature is still required from both the witness and the voter.
The Absentee Ballot Certificate Envelope is the envelope in which you return your voted ballot to the municipal clerk.
If you have photo ID, you may choose to send a copy of it along with your absentee ballot request, but it is not required. If you choose to provide a copy of your photo ID, you won’t have to supply one again unless you change your name or address.
If you choose to vote absentee in the clerk’s office or at the polling place on Election Day, a photo ID will be required.”
https://bringit.wi.gov/are-there-exceptions-new-law
Inga said...
Excuse me? Wisconsin required/requires picture ID to vote.
It's revealing she approvingly cites racist policies.
Yes, upholding constitutional law is now right wing politics, whether state or federal constitutions. Amazing that some people still think we should rely on dusty old documents instead of living and breathing constitutions that mean whatever a judge says.
What’s sort of funny is that the same people who demonized Justice Hagedorn when he ruled against Trump’s lawyers, are the ones who are now lauding him for “adhering to the Constitution”. It was said Justice Hagedorn was in the pocket of the Democrats back then, lol.
"Okay, then. The governor exceeded his powers under the statute."
And what exactly is the remedy, for the Governor's tyrannical usurpations? Will he have to go to bed without his supper?
The governor exceeded his powers under the statute.
But he should be allowed to do it anyway, because right-wing.
we know wisconsin laws better than you do,
he doesn't eat he punctures two holes in jugulars and feeds that way.
“we know wisconsin laws better than you do”
Haha narciso, that is comical. Despite me and others teaching you how to make a hyperlink numerous times you still can’t seem to even remember how to just a few months later, so how do you say with a straight face you know more about WI laws?
In Dane County, you will be wearing the mask until you personally decide to stop wearing it, Althouse.
i did and then no one else abided,
meanwhile thousand currents is winding up the wurlitzer for election fraud,
What is the penalty for the Governor exceeding his authority? Is that a crime, a civil issue, an impeachable offense, or do we all just grumble about it and ignore his previous orders?
I'd suggest tar, feathers, a wooden fence rail and a quick trip to the state border for the governor, but such old-fashioned remedies for malfeasance in office are no longer practicle nor condoned.
Right now I can't evict bum tenants because of the CDC, which, without any due process, legal authority, or recompense to me, effectively has taken my property from me by forcing me to house tenants who haven't paid rent since August 2020. They, too, seem to have exceeded their authority but damned if I can see how to make them reimburse me for doing so.
Blogger narciso said...
i did and then no one else abided,
Neither did Ignarant in her 3:00pm comment
“Neither did Inga in her 3:00pm comment.”
I often make hyperlinks, in fact I most often make hyperlinks. There are times I don’t because I want the reader to see where the link is going to.
So did the Governor not know the law, not ask anybody, not know any lawyers, or never learned to read?
I see that most Democrats seem to have the same shortcoming. It's almost like the law doesn't matter to them. Why would any citizen vote for such people?
Ben sees no problem with dictatorial power grabs.
BS, all you have to do is put the link in the "Link Description" field rather than type one in.
bagoh,
To some degree Herr Coffee Filter Face depended on the wussy spinelessness of Vos' assembly Rs.
“BS, all you have to do is put the link in the "Link Description" field rather than type one in.”
Maybe you could teach narciso to do that.
And where is the Washington State Supreme Court? From what I recall, Inslee has some of the same restrictions as Evers had: only 30 or 60 days in the state Constitution before the Washington legislature is supposed to take over.
Completely ignored it, as I recall, and still acting as a dictator.
There have been a couple of bills to trim King Jay I of Washington's powers, they made no headway. The Democrat legislators are happy to have King Jay I rule them, that way they don't have to make decisions that might get the cancel culture warriors come after them.
The judges and justices are almost never elected via a contested election. They've come up with a scam to avoid that. When a judge/justice want to quit, they wait until after the election filing period is over, then resign. The governor then appoints a replacement, who stands for election as the incumbent. Since he might only face a write-in campaign, he's easily "reelected." Nice job, if you can get it. So the governor owns the judges/justices and they'll never cross him.
Nah, I just skip the links that aren't hyperlinks. If the commenter can't put in the effort why should I?
Stay thirsty.
Inga,
I often make hyperlinks, in fact I most often make hyperlinks. There are times I don’t because I want the reader to see where the link is going to.
Ummm . . . can't any reader do that with a mouseover? I always do.
“Ummm . . . can't any reader do that with a mouseover? I always do.”
I haven’t used anything but an IPad for several years, so I don’t use a mouse at all. Don’t know how that would work with an iPad, I haven’t tried it.
Nah, I just skip the links that aren't hyperlinks. If the commenter can't put in the effort why should I?
That's my policy too.
I haven’t used anything but an IPad for several years, so I don’t use a mouse at all. Don’t know how that would work with an iPad, I haven’t tried it.
To see the “mouseover” text on an iPhone or iPad, instead of just tapping the link, hold your finger down on it for a couple of seconds. A subsidiary window will open up, showing you various link options — as well as the mouseover text.
I can just highlight the unlinked URLs and right click to go to the page. It is a bit of a pain, but not onerous. I don't know how it works on phone and pads.
Someone upthread asked what the dissenting Judges' argument was for the validity of the Governor's endless renewal of the "emergency" orders. The dissent said:
“[I]t is apparent that each [renewal of the emergency declaration] is based on a new set of on-the-ground facts, with each new set of facts posing a high probability of either "[a] large number of deaths or serious or long-term disabilities among humans" or "[a] high probability of widespread exposure to a biological … agent that creates a significant risk of substantial future harm to a large number of people." Thus, the orders were issued in response to separate occurrences and are permissible under the plain language of [the statute].”
Anyone in Wisconsin interested in a real deal on a bridge in Brooklyn?
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