Tuesday, June 30, 2020

Don't expect a face mask requirement or statewide bar closures in Wisconsin, here's why

From JSOnline:

Molly Beck
Milwaukee Journal Sentinel

MADISON - The coronavirus is showing signs of acceleration in Wisconsin but unlike states experiencing a resurgence, Gov. Tony Evers likely won't be mandating face masks or issuing orders to close bars — both tools other governors are using to prevent new outbreaks. 
Because of a state Supreme Court decision in May that struck down much of the governor's stay-at-home order, Evers says his administration no longer has the sole authority to issue statewide mandates aimed at curbing the spread of the virus.
But whether Evers can or can't take such actions is under debate. 
Legal experts don't all agree that the Supreme Court ruling prevents the governor from shutting down bars if virus cases skyrocket, or requiring masks like governors in Kansas, Michigan, Illinois and California have mandated
"The Wisconsin Supreme Court’s decision in (Legislature v. Palm) expressly stated that it was not ruling on the governor’s powers. As a matter of precedent, that means that (the ruling) does not foreclose the governor from issuing an order mandating masks or closing certain businesses," said University of Wisconsin Law School professor Miriam Seifter, who specializes in executive power and the separation of powers at the state and federal levels.

The state Supreme Court’s decision striking down the stay-at-home order was focused on how much power Evers’ health secretary had after the expiration of an emergency declaration that Evers had issued.

No comments: