IB - Fabick v. Evers
In Fabick v. Evers, 2021 WI 28, the Wisconsin Supreme Court held that the Governor lacks statutory authority to issue multiple declarations of emergency based on the same condition that enabled the Governor to initially declare a state of emergency. The decision holds that various orders issued after the expiration of the Governor’s initial declaration of a state of emergency in response to the COVID-19 pandemic were unlawful. In particular, the decision invalidates the Governor’s declared state of emergency that had been set to expire on April 5, 2021, including all executive actions and orders issued pursuant to the powers triggered by the emergency declaration, such as the statewide mask mandate.