The "Stay at Home" Order goes to Court
Hello,
The Wisconsin State Supreme Court is now reviewing the petition the Wisconsin Legislature filed on Tuesday that challenges how the extension of the Safer at Home order was issued. The main question in the lawsuit is whether an unelected, unaccountable bureaucrat has broader authority and power than the governor and can exercise it without limit, or public or legislative input, or whether that bureaucrat is bound by the rules process.
The Legislature is asking the court for an injunction of the extension but also asking to "stay enforcement of its injunction for a period of six days, to allow DHS sufficient time to promulgate a new emergency rule consistent with Wisconsin law (a process that it should begin undertaking as soon as this filing is served on them). Such a stay would fairly accommodate the parties’ mutual interest in preserving the status quo and ensuring no disruption to the State’s efforts to control the spread of COVID-19 while DHS undertakes steps to comply with all applicable statutes."