Breaking Down the Wisconsin Supreme Court’s Quarantine Ruling

Demonstrators protest the extension of the emergency Safer at Home order by State Governor Tony Evers to slow the spread of the coronavirus, outside the State Capitol building in Madison, Wis., April 24, 2020. (Shannon Stapleton/Reuters)
The state supreme-court decision strikes a blow for separation of powers.

NRPLUS MEMBER ARTICLE W hile 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

Jake Curtis is a Milwaukee lawyer and formerly served as a Department Chief Legal Counsel in the Walker Administration as well as an Associate Counsel at the Wisconsin Institute for Law & Liberty.


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