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.
