Wisconsin Supreme Court blocks governor’s stay-home order extension
that state law clearly gives the executive branch broad authority to quickly enact emergency measures to control communicable diseases. Attorney General Josh Kaul also noted that Evers' order was similar to that in at least 42 other states and has saved many lives.a Marquette University Law School poll released Tuesday.
“Rule-making exists precisely to ensure that kind of controlling, subjective judgement asserted by one unelected official, Palm, is not imposed in Wisconsin,” Roggensack wrote for the majority.while compelling higher-risk establishments and operations to take increasingly strict mitigation measures such as requiring employees to use protective gear.
Dallet also took aim at the potential delay set up by a rule-making process, writing: “A review of the tedious multi-step process required to enact an emergency rule illustrates why the Legislature authorized DHS to issue statewide orders to control contagion. ”
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