Posted on 05/14/2020 5:39:24 PM PDT by Libloather
While several federal courts have recently issued decisions addressing the constitutionality of various stay-at-home orders, few state courts have done so. That changed late yesterday, when the Supreme Court of Wisconsin issued its much-anticipated decision in the state legislature’s challenge to Democratic governor Tony Evers’s “safer-at-home” emergency order, issued by his designee for secretary of the Department of Health Services (“DHS”), Andrea Palm. Every Wisconsinite has suddenly become interested in administrative law and the workings of the high court. It is a beautiful thing.
The decision found the order immediately unenforceable. The governor responded by arguing that the Republican legislature now owns the “chaos.” In fact, what will likely follow is an orderly emergency rule-making process whereby DHS and the legislature will be forced to work in concert to establish legal guidelines for managing the reopening process. As with many Supreme Court decisions, while the concurrences and dissents contain the rhetorical mortar fire, the majority opinion, which garnered four out of seven votes, contained eight key takeaways.
No. 1. The case was really about separation of powers. In a state that has experienced a partisan divide like almost none other over the last decade, the impact of divided government following Governor Scott Walker’s 2018 loss continues to reverberate. Many would argue that the court’s renewed focus on clearly establishing constitutional lines of responsibility between the executive and the legislative branches is a much-needed development. This decision should be viewed alongside the 2018 Tetra Tech decision, which did away with automatic agency deference, as a reestablishment of the proper constitutional order:
(Excerpt) Read more at news.yahoo.com ...
I bet Lard Butt will keep extending it into June (maybe July!) if he continues to be able to act as Dictator of Illinois.
Maybe Fieldmarshaldj can answer this one, what is the party makeup of the Wisconsin Supreme Court? The main difference between them and the IL Supreme Court is that the Wisconsin SC elections are officially "non-partisan", but EVERYONE knows what party the judges are affiliated with anyway, and the donations they get follow suit (a "non-partisan" judge that votes RAT will get funded by Planned Parenthood, the Sierra Club, AFL-CIO, etc.)
I doubt the court has a clear "R" majority, otherwise the RATS would be dismissing the decision as "partisan partisan partisan" and run attacks ads about how "ultra conservative Republicans judges want Wisconsin citizens to die"
I don't think the SCOTUS at the national level would agree to hear any of this, as each state has their own standards for how draconian their lockdowns are, and thus a decision about one state's lockdown order would not be legal precedent for another state's lockdown order.
...guidelines for managing the reopening process.
There is no "reopening process". That is nonsensical political blather. Just open. We did it every day for all of human history, until the democrats saw an opportunity to defeat Trump by not letting a crisis go to waste.
Just open.
Democratic governor Tony Evers'... responded by arguing that the Republican legislature now owns the "chaos."
Exactly! It is unconstitutional to keep any business closed
chaos=freedom
I think the issue is has legislation been passed that gives the governor emergency powers.
Lot's of states grant the governor broad powers once an emergency has been declared.
Yes, it grants him that for 30 days ... Pritkzer's lockdown was declared on March 20th, so that window for him ruling by endless "Executive Order" has long since passed.
And a local judge already ruled accordingly.
Evers=lying-wannabee-dictator
I believe the Wisconsin Supreme Court is like 5-2 Republican.
Interesting, I’m surprised the governor is attacking the legislature and not the Supreme Court. Maybe the incumbents justices have little chance of being defeated in the next election cycle?
Gopno1 is correct it’s 5-2 but it’s going to be 4-3 after that c word that beat the Republican Justice last month takes office in July I think it is. I’m surprised you missed that one, sickening loss.
The elections are at off-times. I think the next one is in 2023.
We were supposed to lose a seat last year but the Republican pulled it out.
It was 5-2 Republican until the recent race in the past month where all the Demonrats got to mail in their ballots and toss off an excellent Conservative GOP jurist. It’s a dangerously close 4-3 now.
Didn’t see your reply.
What you said about cancelling Football, though that area is a hot spot for covid, too; meat packing plants and illegal or seasonal immigrants.
My county of 24K (and a million cows) is up to 10 cases, NO DEATHS and not even a single hospitalization! ALL three of our local nursing homes are covid-free.
Turns out my Dad’s nursing home (in Dane County) DID have 2 cases - back in December; so were they REALLY covid? One was a nurse who recovered at home and the other was a delivery guy, same scenario. No residents or other staff have been sick and they locked down 10 days earlier than the state demanded.
“I believe the Wisconsin Supreme Court is like 5-2 Republican.”
We are. We’ll be 4-3 in July, which should get interesting, but the worst of the Old Guard ‘Rats are gone, now.
The female Conservatives on our bench are FIERCE! :)
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