The Wisconsin Supreme Court has struck down Gov. Tony Evers' extended Safer at Home order.
After listening to arguments from state leaders both for and against the extended order, the court ruled that the Safer at Home order was unconstitutional and struck it down.
The order went into effect on March 25 and was originally expected to expire on April 24, but Gov. Tony Evers extended the order until May 26. Republican legislators filed a lawsuit challenging the order, arguing that Department of Health Services Secretary-designee Andrea Palm exceeded her authority when she extended the order.
According to the Supreme Court decision, Palm's Emergency Order was declared "unlawful, invalid and unenforceable."
Conservative justices who control a majority on the the Wisconsin Supreme Court raised questions about the legality of Gov. Tony Evers' administration's stay-at-home order, the Associated Press said.
It is unclear when the state will reopen businesses.
Though there was initial confusion over when the order would expire after being struck down, the court said it would be immediate.
The Wisconsin Tavern League posted a response to the ruling, saying businesses can open immediately:
The court ruled 4-3 for overturning the Safer at Home order.
Read the full Supreme Court decision below:
Wis. Supreme Court Ruling o... by TODAY'S TMJ4 on Scribd
Governor Tony Evers issued a statement a couple of hours after the ruling:
“Up until now, Wisconsin was in a pretty good place in our battle against COVID-19. We had reached almost all our gating criteria. We had opened up 14,000 small businesses across the state, putting 90,000 folks back to work, and that was because of the good work of Wisconsinites across our state who banded together, stayed home, and stayed safe," said Gov. Evers. "Despite that good work, Republican legislators have convinced 4 justices to throw our state into chaos.
“We cannot let today's ruling undo all the work we have done and all the sacrifices Wisconsinites have made over these past few months. We need everyone to continue doing their part to keep our families, our neighbors, and our communities safe by continuing to stay safer at home, practice social distancing, and limit travel, because folks, deadly viruses don't wait around for politicians and bureaucrats to settle their differences or promulgate rules.
“This virus has killed more than 400 of our family members, friends, and neighbors and thousands more across our state are sick. I am disappointed in the decision today, but our top priority has been and will remain doing what we can and what we have to do to protect the health and safety of the people of our state. After months of unproductive posturing, I hope the folks in the Legislature are ready to do the same.”
Several political leaders have spoken out about the Supreme Court's decision on Safer at Home.
The people of Wisconsin have done their part to advance our common good during this pandemic and now the WI Supreme Court has done the bidding of @SenFitzgerald & @repvos once again to put politics ahead of public health. It’s shameful they can't put your health and safety first.
— Sen. Tammy Baldwin (@SenatorBaldwin) May 13, 2020
Wisconsinites’ actions have saved many lives, and we’ve made meaningful progress in the fight against the coronavirus. At the legislature’s urging, however, the plan that’s been working has largely been struck down. https://t.co/rDQXixcOXV pic.twitter.com/GnPpnhkATB
— Attorney General Josh Kaul (@WisDOJ) May 13, 2020
We’re still going to do everything we can to keep people safe. Major credit is due to the many local and tribal governments who recognized the urgency and responded appropriately. The people you represent need your leadership now more than ever.
— Mandela Barnes (@TheOtherMandela) May 13, 2020
The rule of law prevails: “We do not conclude that Palm was without any power to act in the face of this pandemic. However, Palm must follow the law that is applicable to state-wide emergencies”
— Andrew Hitt (@AndrewHittGOP) May 13, 2020
Here is my statement with @SenFitzgerald on the ruling from the Wisconsin State Supreme Court declaring Emergency Order 28 unenforceable: https://t.co/GLhV14Ohfw
— Speaker Robin Vos (@SpeakerVos) May 14, 2020