Posted on 05/13/2020 5:41:44 PM PDT by SeekAndFind
The Wisconsin Supreme Court has struck down Governor Tony Evers' coronavirus stay-at-home order in the first ruling of its kind, saying that his administration overstepped its authority when it extended the mandate for another month without consulting legislators.
The 4-3 ruling on Wednesday essentially reopens the state effective immediately, lifting caps on the size of gatherings, allowing people to travel as they please and allowing shuttered businesses to reopen, including bars and restaurants.
Local governments can still impose their own health restrictions, however. Officials in Dane County, home to state capital Madison, issued a local order minutes after the ruling came down, imposing a mandate identical to the now-invalidated state stay-at-home order.
Evers, a Democrat, first issued a stay-at-home order in March that closed schools and nonessential businesses. The closures battered the state economy, but Evers argued they were necessary to slow the virus' spread.
His order was supposed to lift April 24, but Health and Human Services Secretary Andrea Palm, an Evers appointee, soon extended it to May 26, well beyond the lockdown expiration date in even virus-battered New York.
Republicans asked the Supreme Court to block the extension, arguing that Palm exceeded her authority because the extension amounted to an administrative rule, requiring legislative approval.
Evers' administration countered that state law clearly gives the executive branch broad authority to quickly enact emergency measures to control communicable diseases.
Attorney General Josh Kaul also noted that Evers' order was similar to that in at least 42 other states and has saved many lives.
Nearly seven of 10 Wisconsin residents back Evers' 'safer at home' order, based on a Marquette University Law School poll released Tuesday, though that support was down from 86 percent in March.
(Excerpt) Read more at dailymail.co.uk ...
On Wisconsin!
Nice!
And into the bars! Taverns waited about 5 minutes before swinging the doors open! Good times!
We opened up here in Georgia and have had a decrease in the China Flu across the board.
What did Martin Luther King say - Free at last, Free at last, thank God Almighty we are free at last.
The idiotic Wisconsin attorney general will argue it saved lives despite the fact that in lock down New York Over 60% of the people who had to go to the hospital because of coronavirus hit in their house for two months, Yep that lock down really worked.
I thought that as a result of the special election that they now only hold a 4-3 majority. This puts them too close to having the court flipped to a majority of liberals again.
No, that’s impossible the media told me you’re all dead or dying in over crowded hospitals Waiting for treatment.
Take a look at our official charts.
https://dph.georgia.gov/covid-19-daily-status-report
Dropping faster than a roller coaster and we are 19 days into Freedom.
Our bars are open and from what I hear, they have unleashed the single women that do not own cats.
i heard this as a breaking story in my car today.
very happy.
oh and they stole a seat this april with mail in fraud, so its 4-3 now.
Fearpers and fearbros will be deeply saddened by the truth in these paragraphs from Justice Bradley’s opinion.
“Informed by the lessons of history,the Constitution was established to safeguard the rights of the people even under the most exigent circumstances. The framers “foresaw that troublous times would arise, when rulers and people would become restive under restraint, and seek by sharp and decisive measures to accomplish ends deemed just and proper; and that the principles of constitutional liberty would be in peril, unless established by irrepealable law. The history of the world had taught them that what was done in the past might be attempted in the future. The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it, which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its just authority.” Ex parte Milligan, 71 U.S. 2, 120-21 (1866) (emphasis added). It is especially in times of emergency that we must protect the rights of the people, lest we establish a dangerous precedent empowering less benevolent government officials in the future to oppress the people in the name of exigency. In America THE LAW IS KING! For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other.” Thomas Paine, 1776, Common Sense (1776). In Wisconsin, as in the rest of America, the Constitution is our king——not the governor, not the legislature, not the judiciary, and not a cabinet secretary. We can never “allow fundamental freedoms to be sacrificed in the name of real or perceived exigency” nor risk subjecting the rights of the people to “the mercy of wicked rulers, or the clamor of an excited people.” Fear never overrides the Constitution. Not even in times of public emergencies, not even in a pandemic.”
THAT has to smart.
He earned it.
Dacula wrote:
“Take a look at our official charts.
https://dph.georgia.gov/covid-19-daily-status-report
Dropping faster than a roller coaster and we are 19 days into Freedom.”
Thanks, Dacula !
Ping!!!!
https://www.freerepublic.com/focus/f-news/3844651/posts?page=11#11
https://dph.georgia.gov/covid-19-daily-status-report
We opened up here in Georgia and have had a decrease in the China Flu across the board.
—
Won’t hear that reported by the MSM!
Didn’t the GOP just loose a SC election in Wisconsin? Not sure when it takes effect but I think their lead is dropping to 4-3.
Wow. Excellent.
Good news. :D
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