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MADISON, Wis. (AP) — The Latest on the coronavirus outbreak in Wisconsin (all times local):
11:15 a.m.
Conservative justices on the Wisconsin Supreme Court cast doubt during arguments Tuesday about the power of Gov. Tony Evers’ health secretary to issue a “safer-at-home” order closing most nonessential businesses in the state.
The court held oral arguments Tuesday in a case brought by Republican legislative leaders. They want the court to block the order issued by Department of Health Services Secretary Andrea Palm, arguing that Palm exceeded her authority in issuing the stay-at-home order that’s set to run until May 26.
Justices on the conservative-controlled court questioned what would happen if they invalidated the order immediately. Assistant Attorney General Colin Roth said “people will die” if the order is repealed with nothing to replace it.
Justice Rebecca Bradley had some of the sharpest questions for Roth, saying she did not think the state health secretary had the power to compel people to remain at home and force businesses to close. Bradley likened her powers to tyranny and compared the order to Japanese internment camps during World War II.
“The people never consented to a single person having that kind of power,” Bradley said.
Roth said the health secretary is acting under the powers given to the office under the law to fight a pandemic.
Justice Annette Ziegler said that the justices “may personally think” that the order “makes sense” but the Supreme Court has to apply the constitution and law.
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MADISON, Wis. (AP) — The future of Wisconsin’s “safer at home” order that sets to run until May 26 was at stake Tuesday in a case brought by Republican lawmakers being heard by the conservative-controlled state Supreme Court.
The case seeks to block the stay-at-home orderissued last month by Evers’ health department secretary as a way to slow the spread of the coronavirus that has infected more than 8,200 people in the state and killed 340. The order, issued under powers of the state health secretary to deal with outbreaks of communicable diseases, closed most nonessential businesses.
Republicans argued that Department of Health Services Secretary Andrea Palm exceeded her authority with the order. They are asking the court to block it and issue a six-day stay to give the Legislature time to work with Palm and health officials on a rule that would be enacted with approval of the Legislature.
Evers argues 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.
The arguments Tuesday came the day after Evers met with Republican and Democratic legislative leadersto discuss the next steps in combating COVID-19.
