In a 4-3 decision, the state’s highest court said the order should have been issued as a rule, which would have required working with the legislature.
The Wisconsin Supreme Court on Wednesday struck down Governor Tony Evers’ administration’s extended “safer at home” order, which was set to expire May 26. It is the first time a state supreme court has struck down emergency orders issued by a governor due to the coronavirus pandemic.
Republicans in the state legislature argued that Health Secretary-designee Andrea Palm abused her powers when she issued the extended order in April. In a 4-3 decision, the state’s highest court said the order should have been issued as a rule, which would have required working with the legislature. The majority consisted of four of the state’s five conservative justices.
The state’s Democratic governor and Republican-controlled legislature will now have to work out a compromise on any future plans.
“Rulemaking exists precisely to ensure that kind of controlling, subjective judgment asserted by one unelected official, Palm, is not imposed in Wisconsin,” Chief Justice Patience Roggensack wrote in the majority opinion.
Despite some earlier confusion on when the ruling would take effect, Evers’ office said Wednesday night that the decision was “effective immediately.” In a statement, Evers said Wisconsin was “in a pretty good place” in the fight against COVID-19, but “Republican legislators have convinced 4 justices to throw our state into chaos.
