Wisconsin Supreme Court once again rules against Gov, Evers’ coronavirus limits

(The Center Square) – The Wisconsin Supreme Court says Gov. Tony Evers’ administration clearly went beyond the law when it placed occupancy limits on bars and restaurants in the state.

The Supreme Court on Wednesday issued a ruling in the case that challenged the October 2020 order from then-Department of Health Services Secretary Andrea Palm to limit all “public gatherings” to just 25% of capacity.

Palm said at the time that she needed to limit crowds at bars and restaurants to stop the spread of the coronavirus.

“We know gatherings are a key way this virus spreads, so we must act to limit indoor gatherings to stop the spread, reduce illness, and save lives,” Palm said last October.

Justice Pat Roggensack, writing for the 4-3 majority, wrote Palm overstepped her bounds in issuing the emergency order on her own.

“It is important to confirm, once again, that Emergency Order 3 is beyond the power that the legislature delegated to the Secretary-designee,” Roggensack stated in her decision.

Most of Roggensack’s opinion deals with the rulemaking process as set forth by lawmakers. In the end, she concludes that Palm and the Evers’ Administration ignored that process. Roggensack declared the crowd limit order is unconstitutional.

The ruling, however, will not change things for most bars or restaurants in Wisconsin, because the state’s crowd limit order expired a while ago.

Liberal Justice Ann Walsh Bradley wrote in her dissent that the court’s conservative members’ rationale “falls flat.”

“At a time when public health experts are imploring pandemic-weary Wisconsinites to stay vigilant, a faulty statutory analysis once again leads this court to undermine public health measures,” Walsh Bradley wrote.

Republicans in the Wisconsin Assembly were quick to point out the ruling is the latest loss in the Supreme Court for Gov. Evers and his coronavirus emergency orders.

State Rep. Barb Dittrich, R-Oconomowoc, said it’s the third time the court has ruled against the governor.

“Another win for Wisconsinites as the Supreme Court halts Evers’ overreach,” Dittrich said on Twitter.

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