The Wisconsin Supreme Court today struck down the Evers Administration's Safer At Home order, in a 4-3 decision.
In the decision by the majority of the court, the Supreme Court ruled that
Emergency Order 28 is a rule and therefore Wisconsin Department of Health Services Secretary-Designee Andrea Palm should have followed the rule-making process. Because she failed to do so, the order is unenforceable. The court decision also says that Palm exceeded her authority when confining all people to their homes.
Senate Majority Leader Scott Fitzgerald (R-Juneau) and Assembly Speaker Vos (R-Rochester) on April 21 filed a lawsuit against Wisconsin Department of Health Services Secretary-Designee Andrea Palm challenging the extension of the Safer at Home order through May 26.
The lawsuit, which was filed on behalf of the Wisconsin Legislature in the Wisconsin Supreme Court, alleges Palm exceeded her authority by closing all nonessential businesses, ordering all Wisconsin residents to stay home and forbidding all nonessential travel. Their attorney argued that Palm should have issued the order as an emergency rule, which would have been subject to legislative oversight.
