Why a State Supreme Court Ruled Against the Governor's Stay-at-Home Orders

Posted: May 13, 2020 8:40 PM
Why a State Supreme Court Ruled Against the Governor's Stay-at-Home Orders

Source: AP Photo/Scott Bauer

The Wisconsin Supreme Court on Wednesday ruled against Gov. Tony Evers' (D) stay-at-home order, saying he doesn't have the authority to act without consulting the state legislature. The court ruled 4-3, meaning the Republican-led legislature, the Democratic governor and state health care officials must come together to determine how the state will reopen and on what timeline.


Republicans had asked the court for a six-day window to keep the order in place after the ruling to allow for negotiations, but the court didn't allow it.

"People, businesses and other institutions No. 2020AP765-OA 31 need to know how to proceed and what is expected of them. Therefore, we place the responsibility for this future law-making with the Legislature and DHS where it belongs." the ruling says.

Republican legislators filed the lawsuit directly with the conservative-controlled Supreme Court last month, challenging the extension of the stay-at-home until May 26.

They argued that the order is really an administrative rule, and that Department of Health Services Secretary Andrea Palm should have submitted it to the Legislature for approval before issuing it.

The state's Lt. Gov., Mandela Barnes (D), took to Twitter to chide the court for their decision.

Wisconsin's stay-at-home order was originally set to expire on April 24th. It was extended until May 26th. 

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