The Wisconsin Supreme Court has struck down Governor Tony Evers’ Safer at Home order. The Republican controlled state legislature had sued over the order, contending it was a constitutional overreach by the Democratic governor’s administration.
Four of the court’s conservative justices sided with Republican legislators against the order. That will require Department of Health Services Secretary Andrea Palm and Evers to instead use the rulemaking process to manage the state’s pandemic response going forward.
That means the legislature’s Joint Finance Committee with its Republican majority will have input – as well as authority for a potential veto – over any plan Evers’ DHS puts forward.
It’s unclear what immediate impact this ruling will have. The court provided little guidance on the matter. The state is already on track to reopen under Evers’ Badger Bounce Back plan, and Safer at Home expires in less than two weeks, on May 26.