MADISON, Wis. — Conservative justices who control the Wisconsin Supreme Court raised doubts Tuesday about whether Democratic Gov. Tony Evers’ stay-at-home order is legal, asserting that the Legisla…
MADISON, Wis. — Conservative justices who control the Wisconsin Supreme Court raised doubts Tuesday about whether Democratic Gov. Tony Evers’ stay-at-home order is legal, asserting that the Legislature never intended to give the executive branch so much power.
Justice Rebecca Bradley suggested during oral arguments over the order that state Department of Health Services Secretary Andrea Palm’s decision to extend the mandate without legislative input amounts to tyranny. She also questioned whether Palm might next herd people into social distancing camps akin to World War II Japanese internment camps.
“There is a constitutional problem with the Legislature giving away this much power to an unelected cabinet secretary,” Bradley said. “The people never consented to a single individual having that much power.”
Evers issued an order in March requiring people to stay in their homes and avoid nonessential travel to curb the spread of the coronavirus. The order also required schools and nonessential businesses to close and banned public gatherings. Palm, a member of Evers’ Cabinet, unilaterally extended the order until May 26 at the governor’s direction.
Republican legislators filed a lawsuit directly with the Supreme Court arguing Palm overstepped her authority. They contend the order is really an administrative rule and as such is subject to legislative approval. They’ve asked the court to issue an injunction blocking the rule but stay imposition for six days to give the DHS time to properly promulgate an emergency administrative rule.
