Home covid State Supreme Court overturns “Safer at Home” order effective immediately

State Supreme Court overturns “Safer at Home” order effective immediately

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In a 4-3 decision, the Wisconsin Supreme Court has overturned the “Safer at Home” order, declaring that the Secretary of Health Services does not have the authority to issue such a statewide order without legislative approval.

In a concurring opinion, Chief Justice Patience Rogensack wrote that she would have also issued a six-day stay, giving the governor and lawmakers time to craft a new order.

“I trust that the parties will place the interests of the people of Wisconsin first and work together in good faith to establish a rule that best addresses COVID-19 and its devastating effects on Wisconsin,” she wrote.

Madison Mayor Satya Rhodes-Conway took to Twitter to announce that Public Health Madison Dane County had extended its own stay-home order, incorporating all the tenets of the state’s order, until May 26.

Lt. Governor Mandela Barnes wrote that he was “disappointed but not surprised.”

Attorney General Josh Kaul said the legislature didn’t take the opportunity to create a plan to replace the Safer at Home order.

“Over a week ago, I called on the legislature to act immediately. Unfortunately, it failed to do so, and Republicans in the legislature still have offered no plan to address the coronavirus,” Kaul wrote in a statement. “They can’t keep waiting to do so. In the middle of the fight against this virus, we need reasonable rules in place that protect Wisconsinites’ health. In the meantime, I ask all Wisconsinites to continue helping to fight the coronavirus by socially distancing and following other recommendations from public health experts.”

 

This is a breaking story and will be updated.