STORY FROM: COVID-19 Litigation Report

Wis. High Court Overturns State’s ‘Unenforceable’ Stay-At-Home Order

MADISON, Wis. — The Supreme Court of Wisconsin has invalidated the state’s stay-at-home order in a 4-3 decision, ruling that it is “unlawful” and “unenforceable” because state health official Andrea Palm did not follow statutory emergency rulemaking procedures.

In a 4-3 ruling on May 13, the court held that Emergency Order 28 is a "rule" under Citizens for Sensible Zoning, Inc. v. DNR, 90 Wis. 2d 804, 280 N.W.2d 702 (1979), and therefore is subject to statutory emergency rule-making procedures which allows members of the legislature to provide input

Palm, as secretary-designee of the Wisconsin Department of Health Services, broke ...

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