Wisconsin Republicans Seek Court Action to Block Safer at Home Order

Madison, Wisconsin — Republicans asked the Wisconsin Supreme Court to block the Tony Evers administration's safer-at-home Emergency Order 28.

The Safer at Home order seeks to protect the public from the deadly COVID 19 disease during the state public health emergency, (Wisconsin Executive Orders; Wisconsin Examiner; Wisconsin State Journal; Milwaukee Journal-Sentinel).

The legal case is entitled Wisconsin Legislature v. Secretary-Designee Andrea Palm, Julie Willems Van Dijk and Nicole Safar, In Their Official Capacities As Executives of Wisconsin Department of Health Services Respondents. (Appeal Number 2020AP000765), (Case History).

The Republican-led Legislature seeks a Court order, (temporary restraining order), that would bar enforcement of the stay-at-home order that was issued April 16, 2020, (Wisconsin Executive Orders).

The state Supreme Court is often used as an instrument to advance Republican Party aims.

The legal petition is unusual in its use of political rhetoric.

The petition characterizes the Evers administration work on the Public Safety emergency as a "decree," and includes use of adverbs such as Incredibly, brazenly to describe executive orders issued during the health emergency.

The legal action follows objection from rightwing billionaires such as Charles Koch and Liz Uihlein. Uihlein urges her company employees in a recent email to oppose Gov Evers' work on COVID 19, (Bloomberg).

The Wisconsin Supreme Court majority is biased for Republican Party interests.

Five right-wing justices routinely rule for their partisan patrons. With the defeat of Justice Daniel Kelly in April, the Republican majority on the Court will be four rightwing justices to three when Kelly's term expires on July 31.

The petition urges the case be resolved without oral argument.

The petition states:

Although this case would warrant oral argument under ordinary circumstances, the Legislature respectfully requests that the Court resolve this urgent dispute without it. Emergency Order 28 takes effect on April 24, 2020, and prompt adjudication is necessary to avoid ongoing irreparable harm. For the same reason, immediate publication is unnecessary to the extent that it would delay a resolution of the emergency motion.

The Wisconsin Supreme Court currently bars in-person oral arguments, using video conferencing instead, due to "health concerns created by the COVID-19 pandemic," (Wisconsin Supreme Court).