Wisconsin Supreme Court blocks Evers' stay-home extension

[milestogo]

Source: Washington Post

MADISON, Wis. — Wisconsin Gov. Tony Evers’ administration overstepped its authority when it extended the governor’s stay-at-home order through the end of May, the state Supreme Court ruled Wednesday.

The 4-3 ruling marks a defeat for Evers as Republican legislators, in the midst of the coronavirus pandemic and with the aid of the conservative-controlled high court, continue to chip away at the Democratic governor’s powers.

Evers 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. The order was supposed to lift on April 24, but Department of Health and Human Services Secretary Andrea Palm, an Evers appointee, extended it to May 26.

Republicans, worried about the economic fallout, asked the Supreme Court on April 21 to block the extension. The Republicans said Palm exceeded her authority and argued that the extension amounts to an administrative rule, requiring legislative approval.

Read more: https://www.washingtonpost.com/health/wisconsin-supreme-court-blocks-evers-stay-home-extension/2020/05/13/f67f1d58-9565-11ea-87a3-22d324235636_story.html

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The ruling doesn’t mean that Evers’ order is immediately void. Republicans had sought a temporary injunction to block the extension, with a six-day stay to give state health officials time to go through the rule-making process. The court, controlled 5-2 by conservative justices, granted the injunction and the six-day stay. The order will remain in effect until May 20.

We have some major anti-life Republican assholes in Wisconsin.

[Eliot Rosewater]

1. 4 traitors on their SC I guess

[bluestarone]

2. Are any of these asshole legislators

Up for election in NOV?

[turbinetree]

3. Surprize....................They.................. HAVE BLOOD ON THERE HANDS..............

and there suppose to protect lives.................they just don't care...............libertarian assholes...........wheres that scott walker little asshole.........he has BLOOD ON HIS HANDS ALSO................right along with the other assholes that supported him every last one of them......

[SheltieLover]

4. WTF??? 🤬

K&R!

[Tech]

5. I admire what Evers and the dems have gotten accomplished, they are fought every step

of the way. I will be donating to whoever runs against Vos and Fitzgerald, the same geniuses who worked with Walker to get Foxconn here. They could teach classes in assholery.

[LakeArenal]

6. Gerrymandering blood sucking cheaters.

Don’t forget Ron Johnson.

Should have been Russ Feingold.

Where is Russ these days? Hope Biden finds something for him. He’s a great, smart Dem.

[milestogo]

8. Former Wisconsin Sen. Russ Feingold to take new job as president of American Constitution Society

Former Wisconsin Sen. Russ Feingold will soon lead the American Constitution Society, a progressive group of lawyers and legal scholars concerned with judicial nominations and justice issues.

Feingold, who has been teaching at a number of leading law schools in recent years, will take over as president of the Washington, D.C.-based organization March 9.

The organization's board of directors chose Feingold after a nationwide search.

“The last few years have been very disturbing from a number of points of view, but particularly the attack on the rule of law that began before the current president and has been intensified under the current administration,” Feingold said in an interview Wednesday.

Among other things, he cited what he called President Donald Trump's interference with the courts and Justice Department, as well as the refusal of Senate Republicans to take up President Barack Obama's nominee to the U.S. Supreme Court in 2016, Judge Merrick Garland.

Feingold said the group will advance "progressive legal change" and work with not just progressives but moderates and conservatives in the legal world who believe this is a "crisis moment" and an "all hands on deck moment."

https://www.jsonline.com/story/news/local/2020/02/26/sen-russ-feingold-takes-new-job-american-constitution-society/4876023002/

[LakeArenal]

9. Thanks. He has been around since I was in college at UW.

Like all WI he’s been screwed by Pukes.

[Thekaspervote]

10. Great! The idiots that elected Johnson instead of him are nuts. happy to see him taking a vital roll

[Tech]

19. Lol, I have Johnson in my contact list I call and share my displeasure with him regularly.

Russ was great, I agree.

[milestogo]

7. You can open the businesses, but you can't force people to take risks they aren't ready for.

I do not trust that Wisconsin Republicans care about the lives of Wisconsin citizens, period.

[Thekaspervote]

11. Exactly! A post here earlier today showed after an initial influx of business, owners are

Only seeing about 30% of their regular amount of customer/shoppers.

30%.... ring a bell??!!

[riversedge]

12. I knew this would happen--yet I am sad and angry and damn them.

Link to tweet

?s=20

[Evolve Dammit]

13. I am so sorry for Wisconsinites. F'd since drop-out Walker stepped into the scene with GOP enablers

and seriously gullible, un-informed voters.

[milestogo]

22. Yes but we have an excellent Democratic governor now, Tony Evers.

[rockfordfile]

14. So we have corrupt Wisconsin SC. They should be investigated

[cp]

15. You said it best: We have some major anti-life Republican assholes in Wisconsin.

The Wisconsin Republican legislators could not be bothered to do anything to help Wisconsiners survive Covid-19. Then they spend all their energy and our taxpayer money to sue the Secretary of Health (not confirmed--still--by them) who is doing everything she can for us. I despise their malevolence with a white hot fury.

[pstokely]

16. can cities and counties put in their own orders?

?

[snacker]

18. Yes, Dane County and the city of Madison have

[link:https://www.channel3000.com/dane-co-health-officials-enact-county-wide-safer-at-home-order-following-wi-supreme-court-decision/|

[bluestarone]

17. To all wisconsin residents

REMEMBER these names, and SUE the fuck out them if you get covid-19

[Igel]

20. Here's the orders and the statute.

Since it's the topic that everything else is commentary to.

Original order prescribing penalty:

https://content.govdelivery.com/attachments/WIGOV/2020/04/16/file_attachments/1428995/EMO28-SaferAtHome.pdf


Statute it claims authority under:
https://docs.legis.wisconsin.gov/statutes/statutes/252/25


Continuation order:
https://docs.legis.wisconsin.gov/code/register/2020/772B/register/emergency_orders/phe_2020_emergency_order_31/phe_2020_emergency_order_31.pdf

Statute both of the order claim authority under:
https://casetext.com/statute/wisconsin-statutes/health/chapter-252-communicable-diseases/section-25202-powers-and-duties-of-department


https://casetext.com/statute/wisconsin-statutes/health/chapter-252-communicable-diseases/section-25202-powers-and-duties-of-department

(3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics. ...
(6) The department may authorize and implement all emergency measures necessary to control communicable diseases.

I read them and since I tend to think of government as having the least restrictive (meaning most restricted) authority, it sounds like it has specific places in mind--not the entire state for as long as somebody thinks. The powers are broad, so broad as to need some limit otherwise a lot of authority is given to a very few people.

But one should at least read it as a question of law, and not just "they're on the other team, so they're bad; this group's on my side, so whatever they want--hey, it's all good." Which is where the WaPo reporters tend to be mostly comfortable.

[dickthegrouch]

21. Please define "Negligent Homicide"

Should be a question for any prospective judge anywhere.
Are you willing to be subjected to the penalties forthcoming if you as a judge are found guilty of such a crime? Would be my next question.