Wisconsin Supreme Court Strikes Down State's 'Stay-At-Home' Order: 'Unlawful, Invalid And Unenforceable'

Confusion reigns throughout Wisconsin after the state Supreme Court, following a legal challenge brought up by Republican lawmakers, struck down the stay-at-home order meant to combat the spread of COVID-19 issued by Democratic Gov. Tony Evers. Both Houses of the Wisconsin Legislature are controlled by Republicans.

The Wisconsin Supreme Court on Wednesday ruled Evers' administration overstepped its authority when the state's "Safer at Home" orders were extended for another month without consulting the state legislature. Evers imposed the restrictions last March.

The ruling also said all future statewide restrictions to battle COVID-19 must be approved by the Wisconsin Legislature's rule-making committee before implementation. It did, however, allow local governments to impose their own health restrictions.

The 4-3 ruling undid the precautions outlined in the "Safer at Home" guidelines. It reopens shuttered businesses such as bars and restaurants throughout the state, imposes no limits on the size of gatherings and allows people to travel where they want to, when they want to. It basically brings the economy back to where it was pre-pandemic.

The Tavern League of Wisconsin told its members, “You can OPEN IMMEDIATELY!” State Assembly Speaker Robin Vos and Senate Majority Leader Scott Fitzgerald, both Republicans, said they’re confident businesses can safely reopen by following guidelines.

“This (court decision) does not promote people to act in a way that they believe endangers their health,” they said.

Evers was furious at the Supreme Court decision. He said Wisconsin is doing well in the fight against COVID-19. He predicted the court ruling will lead more counties to adopt their own restrictions. This will result in a confusing plethora of ordinances that will allow the coronavirus to spread.

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

The legal challenge brought by Republicans was targeted at Andrea Palm, the state Department of Health Services Secretary-designee, and other health officials. The ruling said Palm broke state law when she issued an April 16 "Safer at Home" order that prohibited Wisconsin residents from leaving their homes unless it was essential. Palm's order was ruled "unlawful, invalid, and unenforceable."

Chief Justice Patience Roggensack wrote Palm’s order amounted to an emergency rule she doesn’t have the power to create on her own. The restrictions were set to expire May 26.

Republicans have been demanding a relaxation of restrictions, and also want a more regional approach for stay-at-home orders.

Wisconsin ranks 25th on the list of the most heavily infected states. It had 10,902 confirmed cases and 421 deaths, as of late Wednesday evening based on Worldometer data.