The Wisconsin Supreme Court struck down a statewide coronavirus stay-at-home order on Wednesday, siding with a legal challenge from Republican lawmakers who said the state’s top public health official exceeded her authority by imposing the restrictions, Reuters reported.
While lockdown orders meant to quell the pandemic have been challenged in court in several states, the decision in Wisconsin marked the first such lawsuit to succeed in a larger political debate over social distancing that has grown increasingly partisan.
At stake in Wisconsin was a “Safer at Home” order that had been extended through May 26 by the state’s secretary for the Department of Health Services, Andrea Palm, acting under the direction of Governor Tony Evers.
The court ruled that while Evers, a first-term Democrat, possesses emergency powers as governor, the stay-at-home directive was effectively imposed by Palm, whose discretion as a political appointee is more limited.
“We further conclude that Palm’s order confining all people to their homes, forbidding travel and closing businesses exceeded the statutory authority … upon which Palm claims to rely,” the court said.
Evers said he was “disappointed” by the ruling but urged the public to adhere to social distancing practices as the best way to curb the spread of a highly contagious and potentially deadly respiratory virus for which there is no vaccine and no cure.
“Just because the Supreme Court says it’s okay to open, doesn’t mean that science does,” the governor wrote on Twitter. “We need everyone to continue doing their part to keep our families, our neighbors and our communities safe by continuing to stay safer at home, practice social distancing, and limit travel.”
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