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Wisconsin Supreme Court to hear arguments on Safer at Home extension - WBAY

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MADISON, Wis. (WBAY) - The Wisconsin Supreme Court will hear oral arguments Tuesday on Gov. Tony Evers' Safer at Home extension restricting non-essential business during the coronavirus pandemic.

The governor ordered Department of Health Services Secretary-designee Andrea Palm to extend Safer at Home order until May 26. On April 21, the Republican-led legislature challenged the extension, claiming it violates state law regarding emergency rules. CLICK HERE to view the state statute on emergency rules. They also claim it exceeds DHS authority.

“There’s immense frustration regarding the extension, as it goes beyond the executive branch’s statutory powers. Wisconsinites are forced to sit by with no voice in the process. Other Midwestern states with more confirmed cases, like Ohio, have set firm dates to begin a phased reopening far earlier than the Evers administration," said Senate Majority Leader Scott Fitzgerald.

“The governor has denied the people a voice through this unprecedented administrative overreach. Unfortunately, that leaves the legislature no choice but to ask the Supreme Court to rein in this obvious abuse of power. Wisconsinites deserve certainty, transparency, and a plan to end the constant stream of executive orders that are eroding both the economy and their liberty."

Wisconsin's high court will hear oral arguments from both sides in the case Wisconsin Legislature v. Andrea Palm starting at 10 a.m. CLICK HERE to watch live coverage on Wisconsin Eye.

Justices will hear arguments on these two questions:

1. Whether the Department of Health Services (the Department) violated Wis. Stat. § 227.24, governing emergency rules, by issuing Emergency Order No. 28 without complying with § 227.24’s procedures
2. Even if the Department did not violate § 227.24, whether Emergency Order No. 28 exceeds the Department’s authority by closing all “nonessential” businesses, ordering all Wisconsin persons to stay at home, and forbidding all “nonessential” travel

CLICK HERE to view briefs filed in the case.

The Evers administration has defended its Safer at Home order, saying "the first three weeks of Safer at Home is estimated to have saved at least 300 lives and perhaps as many as 1,400 lives in the fight against COVID-19. Continued adherence to science and advice of health professionals has the potential to save thousands more in Wisconsin alone. "

“Deadly viruses don’t wait around while bureaucrats and politicians jump through procedural hoops. An effective response requires swift action by public health experts, which is why state law gives DHS the power to act quickly to stop the pandemic and save lives,” said Gov. Evers. “If Legislative Republicans want to be involved in the state’s response to this pandemic, they should stop sitting on the sidelines and start working to find solutions to help farmers, small businesses, and workers.”

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Wisconsin Supreme Court to hear arguments on Safer at Home extension - WBAY
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