May 14, 2020
On Wednesday, May 13th the Wisconsin Supreme Court overturned the Evers Administration’s Safer at Home order effective immediately. The Court determined that the extension of the Safer at Home order under Emergency Order 28 went beyond the bounds of executive authority under section 252 of the state statutes and should have been submitted as a rule. Members of the Court had considered a stay of the ruling as requested by the Legislature but ultimately decided against it. Late Wednesday night, the Evers Administration stated it was going to be submitting a rule framework for new regulations in light of the Court’s ruling. The timing, duration and implementation of any new rule is unknown at this time and would incorporate elements from both the Governor and the Legislature.
While the Court’s ruling applies to the statewide order, multiple local municipal orders either remain in place or were announced yesterday. Prior to the Court’s arguments, the Society issued a joint statement with the AMA stating that “decisions about public health should be made based on science, evidence and data… [and] calling on all parties in the state… to put their differences aside and come together and work to improve the health and well-being of the people of Wisconsin.” The Society will closely monitor developments as they unfold.
Do you have questions? Contact HJ Waukau at the Wisconsin Medical Society.