Breaking News
0
Ad-Free Version. Upgrade your Investing.com experience. Save up to 40% More details

Wisconsin high court voids governor's mask mandate, settling partisan dispute

PoliticsApr 01, 2021 01:10AM ET
Saved. See Saved Items.
This article has already been saved in your Saved Items
 
© Reuters. FILE PHOTO: Day 3 of the Democratic National Convention 2020 held in Milwaukee

(Reuters) - A divided Wisconsin Supreme Court on Wednesday struck down Governor Tony Evers' mask mandate, saying he exceeded his authority and violated the separation of powers by reissuing emergency orders during the pandemic.

In its 4-to-3 ruling, which voids a Feb. 4 face-covering order currently in effect, the court found that Evers effectively breached a statute that limits his emergency powers to 60 days without approval of the state legislature.

"The question in this case is not whether the governor acted wisely; it is whether he acted lawfully," Justice Brian Hagedorn wrote for the majority. "We conclude he did not."

Evers, a Democrat, declared a state of emergency last March, which the Republican-controlled legislature never extended beyond its statutory 60-day limit.

In a partisan battle similar to others across the country over face-covering requirements aimed at slowing the spread of the coronavirus, Evers reissued his orders roughly every 60 days, changing some of the requirements each time.

His most recent renewal of an emergency health order on Feb. 4 came shortly after the legislature voted to repeal his earlier order requiring face coverings in public places.

The court's majority likened the governor's recurring orders to a game of whack-a-mole in which he sought to dodge the legislature, which opposed his extended emergency powers, by altering each new order even though it was substantially similar.

"The governor cannot make an end run around legislative revocation simply by itemizing a previously unidentified justification for the state of emergency," it said.

Responding to the ruling, Evers said he followed the guidance of health experts to keep residents safe.

"While we work to get folks vaccinated as quickly as we can, we know wearing a mask saves lives, and we still need Wisconsinites to mask up so we can beat this virus and bounce back from this pandemic,” he said in a statement.

Two of the justices, including Chief Justice Patience Roggensack, issued a separate concurring opinion.

In their dissent, three justices faulted the majority for granting standing to the plaintiff, Jere Fabick, a Midwest dealer in Caterpillar Inc (NYSE:CAT) products who sits on the board of a conservative think tank, arguing that he was unharmed by the orders as a taxpayer.

"Unfortunately, the ultimate consequence of the majority's decision is that it places yet another roadblock to an effective governmental response to COVID-19, further jeopardizing the health and lives of the people of Wisconsin," Justice Ann Walsh Bradley wrote in her dissent.

Wisconsin high court voids governor's mask mandate, settling partisan dispute
 

Related Articles

Add a Comment

Comment Guidelines

We encourage you to use comments to engage with users, share your perspective and ask questions of authors and each other. However, in order to maintain the high level of discourse we’ve all come to value and expect, please keep the following criteria in mind: 

  • Enrich the conversation
  • Stay focused and on track. Only post material that’s relevant to the topic being discussed.
  • Be respectful. Even negative opinions can be framed positively and diplomatically.
  •  Use standard writing style. Include punctuation and upper and lower cases.
  • NOTE: Spam and/or promotional messages and links within a comment will be removed
  • Avoid profanity, slander or personal attacks directed at an author or another user.
  • Don’t Monopolize the Conversation. We appreciate passion and conviction, but we also believe strongly in giving everyone a chance to air their thoughts. Therefore, in addition to civil interaction, we expect commenters to offer their opinions succinctly and thoughtfully, but not so repeatedly that others are annoyed or offended. If we receive complaints about individuals who take over a thread or forum, we reserve the right to ban them from the site, without recourse.
  • Only English comments will be allowed.

Perpetrators of spam or abuse will be deleted from the site and prohibited from future registration at Investing.com’s discretion.

Write your thoughts here
 
Are you sure you want to delete this chart?
 
Post
Post also to:
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Thanks for your comment. Please note that all comments are pending until approved by our moderators. It may therefore take some time before it appears on our website.
Comments (3)
Steve Lora
Steve Lora Mar 31, 2021 11:55PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
Fascist dictator Democrats govs are gradually losing their grip. Newsom will be recalled, Cuomo has all but been overthrown as Ralp Northam is daily humiliated as Virginia ignores him.
Me comment
Me comment Mar 31, 2021 7:33PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
Most of the responsible businesses in Wisconsin are requiring masks any ways and have no plans to to change until the virus is under control and infections, hospitalizations and death diminish and stay down.
mat connors
mat connors Mar 31, 2021 4:51PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
No need for a mask if you are a healthy person or have been vaccinated. 🤦‍♂️
Adrian White
Adrian White Mar 31, 2021 4:51PM ET
Saved. See Saved Items.
This comment has already been saved in your Saved Items
Not true. The mask is not to protect you, it's to protect others around you (from you). Even if you've had the vaccination you can still carry and spread the virus to others unknowingly. Also, simply being healthy doesn't prevent you from getting infected. It might mean you get only mild symptoms, but again, you can still infect others around you who have weaker immune systems. So masks are still very helpful until the majority of people have been vaccinated.
 
Are you sure you want to delete this chart?
 
Post
 
Replace the attached chart with a new chart ?
1000
Your ability to comment is currently suspended due to negative user reports. Your status will be reviewed by our moderators.
Please wait a minute before you try to comment again.
Add Chart to Comment
Confirm Block

Are you sure you want to block %USER_NAME%?

By doing so, you and %USER_NAME% will not be able to see any of each other's Investing.com's posts.

%USER_NAME% was successfully added to your Block List

Since you’ve just unblocked this person, you must wait 48 hours before renewing the block.

Report this comment

I feel that this comment is:

Comment flagged

Thank You!

Your report has been sent to our moderators for review
Disclaimer: Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. All CFDs (stocks, indexes, futures) and Forex prices are not provided by exchanges but rather by market makers, and so prices may not be accurate and may differ from the actual market price, meaning prices are indicative and not appropriate for trading purposes. Therefore Fusion Media doesn`t bear any responsibility for any trading losses you might incur as a result of using this data.

Fusion Media or anyone involved with Fusion Media will not accept any liability for loss or damage as a result of reliance on the information including data, quotes, charts and buy/sell signals contained within this website. Please be fully informed regarding the risks and costs associated with trading the financial markets, it is one of the riskiest investment forms possible.
Continue with Google
or
Sign up with Email