Republican legislative leaders say they’ll bring in the Department of Health Services to a rulemaking hearing, over the the agency’s latest public health order.

On Wednesday, Assembly Speaker Robin Vos and state Senator Steve Nass said that the new order restricting how many people can be inside of businesses was unenforceable without legislative approval. Vos’ office issued a statement:

“With respect to Emergency Order #3, the governor and secretary-designee may have good intentions but they’re disregarding the law as set forth in the state Supreme Court ruling, Legislature v. Palm. We are confident that if challenged, a Wisconsin judge would find this order invalid as an unpromulgated rule. We are asking Secretary-Designee Palm to submit an emergency rule immediately to the Joint Committee for Review of Administrative Rules as required by law.” 

Vos and Senate Majority Leader Scott Fitzgerald addressed the issue, in a letter to DHS Secretary designee Andrea Palm.

Nass co-chairs the the Joint Committee for Review of Administrative Rules, which would convene the hearing.

“On their 175th day of inaction, Republicans chose to send a letter. That says everything Wisconsinites need to know about Republicans’ priorities during this pandemic,” Governor Tony Evers’ spokesperson Britt Cudaback said.

Evers’ office has said that the new health order is consistent with guidelines laid out in the State Supreme Court decision that stuck down the Safer At Home order earlier this year.

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