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demmiblue

(36,851 posts)
Wed Mar 31, 2021, 11:17 AM Mar 2021

Wisconsin Supreme Court strikes down governor's mask mandate

Source: AP

MADISON, Wis. (AP) — The Wisconsin Supreme Court on Wednesday struck down Gov. Tony Evers’ statewide mask mandate, ruling that the Democrat exceeded his authority by unilaterally extending the mandate for months through multiple emergency orders.

The 4-3 ruling from the conservative-controlled court is the latest legal blow to attempts by Evers to control the coronavirus. It comes after Republicans in the Legislature voted to repeal the mask mandate in February, only to see Evers quickly re-issue it.

The court last May struck down Evers’ “safer at home” order, saying that his health secretary did not have the authority for such an order. Evers’ attempts to limit capacity in bars, restaurants and other indoor places were also blocked by a state appeals court in October.

In the latest case, the court ruled that any public health emergency issued by Evers is valid for just 60 days and can’t be extended without legislative approval.

Read more: https://apnews.com/article/legislature-madison-wisconsin-coronavirus-pandemic-strikes-9f05a7331f7957721799b23ea381fead

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Wisconsin Supreme Court strikes down governor's mask mandate (Original Post) demmiblue Mar 2021 OP
Ignorance of science and common sense... 634-5789 Mar 2021 #1
Or the desire for some ethnic cleansing. Lonestarblue Mar 2021 #2
April 6, 2020 Claire Oh Nette Mar 2021 #10
It's deliberate they want to weaken the recovery so they can say the dems failed Fullduplexxx Mar 2021 #7
We have to find better systems for finding judges bucolic_frolic Mar 2021 #3
agree. but our Repug gerrymandered legislation knows they will vote with them. damn riversedge Mar 2021 #9
CRIMINAL Ignorance of Science and Common Sense. dickthegrouch Mar 2021 #4
Stupid republicans. I will not go in any store that does not require masks AllyCat Mar 2021 #5
Awful lot of court battles Claire Oh Nette Mar 2021 #6
PROOF! that GOP/Right-Wingers hate America/Americans. They are working to kill them RAB910 Mar 2021 #8
I have to side with the Wisconsin Supreme Court GregariousGroundhog Mar 2021 #11
So, could a new executive order be drafted to get around this decision? speak easy Mar 2021 #14
Not likely DetroitLegalBeagle Mar 2021 #18
If we had a Republican party grounded in reality HuskyOffset Mar 2021 #15
This Jimbo S Mar 2021 #20
Generally, I would agree... but this one is odder than it looks FBaggins Mar 2021 #23
Yes, before blaming the Court or the law, I blame the elected sociopaths who won't support Evers William Seger Mar 2021 #24
I have to visit Wisconsin in a month... bahboo Mar 2021 #12
I'm sorry seta1950 Mar 2021 #13
Stupid is as stupid does Bayard Mar 2021 #16
It's a very mean, nasty stupid. ananda Mar 2021 #17
deadly stupidity LymphocyteLover Mar 2021 #21
This is an extreme example of the ridiculous "party before people" taken to the extreme dlk Mar 2021 #19
Would be nice if there was a way to make them civilly and criminally accountable for all cases Jay25 Mar 2021 #22
These people went to university Hugh Bloody Bastards Mar 2021 #25
So maybe ALL people that get covid in Wisconsin from today on can sue bluestarone Mar 2021 #26
courtful of refuKKKchicken kangaroos, sorry WI... bringthePaine Mar 2021 #27
Wisconsin wants to be like Michigan? IronLionZion Mar 2021 #28
So the four right-wingers decision could lead to more Americans dying rockfordfile Mar 2021 #29

Lonestarblue

(9,988 posts)
2. Or the desire for some ethnic cleansing.
Wed Mar 31, 2021, 11:26 AM
Mar 2021

Republicans know that the virus disproportionately affects black people and Hispanics. They simply don’t care if a few white people die as well. I used to just disagree with Republicans. Now I think they are evil.

Claire Oh Nette

(2,636 posts)
10. April 6, 2020
Wed Mar 31, 2021, 12:00 PM
Mar 2021

April 6, 2020 CDC report determined Blacks and Latinos were disproportionally affected by COVID, two to three times more likely to die from COVID than whites.

April 17, 2020, the treasonous usurper illegitimately occupying the White House tweeted in rapid succession, in all caps, "Liberate Minnesota!" "Liberate Michigan!" and "Liberate Virginia and save your Great 2nd Amendment. It's under siege."

First outbreaks in Seattle, New York, San Francisco Bay Area, Chicago. Large Democratic population centers near major American international airports. What first appeared in the affluent international jet set crowd spread like wildfire. Jared Kushner, the boy who sold off our medical stockpile to the highest bidder, thought the best strategy was to let the virus kill off democrats. As though a virus cares about politics, or religion, or where you live, or how much money you have.

Under the guise of pandemic, trump tweeted in code, They're going to take your guns. The Proud3%OathKeepingBoys and the first person shooter video game players who make up the base of the gop rehearsed for January 6, where the MAGA hatriots exposed themselves as lawless seditionists.

He let it spread to kill off those people....

Fullduplexxx

(7,863 posts)
7. It's deliberate they want to weaken the recovery so they can say the dems failed
Wed Mar 31, 2021, 11:42 AM
Mar 2021

Same with the borders they scream that the borders are open hoping to get as many as they can to the borders .then they'll point to this stuff and blame the dems

bucolic_frolic

(43,161 posts)
3. We have to find better systems for finding judges
Wed Mar 31, 2021, 11:26 AM
Mar 2021

The law has become politicized. It's politicized when it's written, now it's concentrating the politicization when it's interpreted and enforced.

Exponential legal politicization.

dickthegrouch

(3,174 posts)
4. CRIMINAL Ignorance of Science and Common Sense.
Wed Mar 31, 2021, 11:27 AM
Mar 2021

What kind of bubble do these stupids live in?
Have they not seen the waves of infections all caused by relaxation of the masking orders and too little distancing?
Couldn't they at least wait until two weeks after the stupid kids get back from Miami Beach spreading the virus all of the country again?
What's the f'ing hurry to kill so many people?
Paris, France is overwhelmed again.
Italy is overwhelmed again.
Philippines is overwhelmed and are projecting that they will start vaccinating in 2022.
WTF is wrong with these right wingers????

AllyCat

(16,187 posts)
5. Stupid republicans. I will not go in any store that does not require masks
Wed Mar 31, 2021, 11:28 AM
Mar 2021

And I am vaccinated. My kids cannot be vaccinated and their days of walking to the Kwik-Trip to pick something up I missed for dinner are over. That place didn't enforce the mask policy even when it was in place.

Our cases are going to go through the ceiling. I'm really disappointed in this change. Republicans and the Q-idiots are just dumb. And murderous.

Claire Oh Nette

(2,636 posts)
6. Awful lot of court battles
Wed Mar 31, 2021, 11:38 AM
Mar 2021

Health Secretaries don't have the authority to protect public health.
The governor exceeded his authority by unilaterally issuing mask mandates by executive order. Hmmm.

State officials don't have the authority to do anything the GOP legislatures don't like?

This right here is why it's important to vote democratic at the top of the ticket: courts. Not just the supreme court, but the lower federal courts, appeals courts, and state courts. Reagan and company, after GHWB, envisioned a permanent GOP majority. They packed school boards and city councils and county commissions and crossing guards. While the Roberts Court seems to be finding some spinal cartilage, it remains to be seen just how damaging the illegitimate Trump appointed Supreme Court Justices (Gorsuch, Barrett, and Kavenaugh) will be.

The democratic party has to run candidates in every district--too many unopposed leads to shitty incumbents gaining seniority and newcomers like Perjury Traitor GanGreene.


A final note: all these attorneys bringing these cases to court ought to be sanctioned--the pandemic rulings are temporary orders for a time of crisis, and if the right would cooperate with medical recommendations for masks and vaccinations, we could get out of this pandemic sooner. The GOP used to make all kinds of noises about frivolous lawsuits. I see nothing but frivolous, whiny, petulant lawsuits because they GOP lost and isn't getting its way.

550,000+ deaths. Trump and GOP governors are complicit in these deaths. THey want to go to court? Let's go.

I really fecking hate them. hate.

GregariousGroundhog

(7,522 posts)
11. I have to side with the Wisconsin Supreme Court
Wed Mar 31, 2021, 12:04 PM
Mar 2021

The court's decision is correct from a legal perspective, though not from a scientific or moral one. Evers could only issue an order for 60 days, and reissuing essentially the same order is an end-around of legal restrictions imposed on him. The sad thing is that people are going to die because Republicans are politicizing the pandemic by calling him out on it instead of turning a blind eye like the should have.

speak easy

(9,249 posts)
14. So, could a new executive order be drafted to get around this decision?
Wed Mar 31, 2021, 12:24 PM
Mar 2021

A new order, or any executive order?

DetroitLegalBeagle

(1,923 posts)
18. Not likely
Wed Mar 31, 2021, 01:06 PM
Mar 2021

That's what brought on this case in the first place. Ever's has reissued or extended the order multiple times already, including once after the legislature repealed it.

HuskyOffset

(889 posts)
15. If we had a Republican party grounded in reality
Wed Mar 31, 2021, 12:41 PM
Mar 2021

they would have enacted legislation to extend the order. It is unfortunate that that isn't the case, and Gov Evers did what he could, but like you said, the law doesn't allow him to do that. Really, in a just world the Republicans would own any spike in infections, hospitalizations, and deaths, and would be made to pay for them.

Jimbo S

(2,958 posts)
20. This
Wed Mar 31, 2021, 01:15 PM
Mar 2021

The SC decision is only about deciding how the law should be interpreted. Too many people on this thread and others on this site want to direct hostility at the court. The decision has nothing to with health or science.

Our focus should be on the Republicans in the state legislature who have done absolutely nothing in the past twelve months to keep Wisconsinites safe.

FBaggins

(26,737 posts)
23. Generally, I would agree... but this one is odder than it looks
Wed Mar 31, 2021, 01:53 PM
Mar 2021

The principle seems right to me (without being conversant on WI specifics). The legislature delegates some powers to the executive in times of emergency and sets a limit on long they can last without being confirmed by later legislative action. The executive shouldn't be able to extend those emergency powers artificially by pretending that there's a new emergency every 60 days.

However - I note that the majority cited Scalia and Gorsuch several times in their dissenting opinions. One such was Gundy v. United States, where Gorsuch's opinion lost 5-4 less than two years ago. Ginsburg's death and replacement with Barrett certainly moves the center of the court dramatically... but that was still the minority opinion.

Not unheard of for a lower court to base its analysis on an earlier dissent that now seems persuasive... but it usually takes more than two years for the majority opinion to lose its luster.

bahboo

(16,339 posts)
12. I have to visit Wisconsin in a month...
Wed Mar 31, 2021, 12:22 PM
Mar 2021

to see my Mom who is in memory care. I'm from California. You better believe I'll be wearing a mask even though I'm fully vaxxed. Dumb fucks...

dlk

(11,566 posts)
19. This is an extreme example of the ridiculous "party before people" taken to the extreme
Wed Mar 31, 2021, 01:13 PM
Mar 2021

When a state supreme court puts party politics above public health and safety, they’ve forfeited their legitimacy. Lives will be lost over this ruling. Republicans are racing backward into the Dark Ages.

Jay25

(417 posts)
22. Would be nice if there was a way to make them civilly and criminally accountable for all cases
Wed Mar 31, 2021, 01:48 PM
Mar 2021

that arise from their ruling.

 
25. These people went to university
Wed Mar 31, 2021, 02:18 PM
Mar 2021

Were I their parents, I would rise from my grave and demand a full refund from the schools they attended.

bluestarone

(16,940 posts)
26. So maybe ALL people that get covid in Wisconsin from today on can sue
Wed Mar 31, 2021, 02:33 PM
Mar 2021

The QTHUGS that vetoed the Governors mandate? IF i were a citizen from Wisconsin I WOULD TRY!

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