Wisconsin high court tosses out governor's stay-home order

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Wisconsin State Journal

FILE - In this April 24, 2020 file photo protesters gather for a rally against Gov. Tony Evers' extended stay-at-home order due to COVID-19, at the Wisconsin State Capitol in Madison, Wis. The Wisconsin Supreme Court struck down Gov. Evers' coronavirus stay-at-home order Wednesday, May 13, 2020 ruling that his administration overstepped its authority when it extended the mandate for another month without consulting legislators. (Amber Arnold/Wisconsin State Journal via AP, file)

MADISON, Wis. – The Wisconsin Supreme Court struck down Gov. Tony Evers' coronavirus stay-at-home order Wednesday, ruling that his administration overstepped its authority when it extended it for another month without consulting legislators.

The 4-3 ruling essentially reopens the state, lifting caps on the size of gatherings, allowing people to travel as they please and allowing shuttered businesses to reopen, including bars and restaurants. The Tavern League of Wisconsin swiftly posted the news on its website, telling members, “You can OPEN IMMEDIATELY!”

The decision let stand language that had closed schools, however, and local governments can still impose their own health restrictions. In Dane County, home to the capital of Madison, officials quickly imposed a mandate incorporating most of the statewide order. City health officials in Milwaukee said a stay-at-home order they enacted in late March remains in effect.

Evers reacted angrily in a conference call Wednesday night, saying the state has been doing well in the fight against the coronavirus. He predicted the court ruling will lead more counties to adopt their own restrictions, leading to a confusing patchwork of ordinances that will allow infection to spread.

“Today, Republican legislators convinced four members of the state Supreme Court to throw the state into chaos,” Evers said. “They have provided no plan. There's no question among anybody that people are going to get sick. Republicans own that chaos.”

Chief Justice Patience Roggensack wrote for the majority that health secretary Andrea Palm's order amounted to an emergency rule that she doesn't have the power to create on her own.

“Rule-making exists precisely to ensure that kind of controlling, subjective judgement asserted by one unelected official, Palm, is not imposed in Wisconsin,” Roggensack, part of the court's 5-2 conservative majority, wrote.

Rebecca Dallet, one of the court's liberal justices, dissented, saying the decision will “undoubtedly go down as one of the most blatant examples of judicial activism in this court’s history. And it will be Wisconsinites who pay the price.”