Today, May 13, 2020, the Wisconsin State Supreme Court ruled in favor of the Wisconsin legislature’s emergency petition regarding the extension of Governor Evers’ Safer at Home Order.
This historic lawsuit brought forward by the state’s elected senators and representatives called into question if Governor Evers’ executive branch Department of Health Services (DHS) operated within the boundaries set forth within the state law, and if the agency followed the procedural requirements for the rule-making process.
On April 29, 2020, the Great Lakes Legal Foundation (GLLF) filed an amicus brief and supporting appendix with the Wisconsin Supreme Court on behalf of Wisconsin Manufacturers & Commerce (WMC) and the Wisconsin Dairy Alliance (WDA) supporting the legislature’s case. WDA joined WMC on this amicus brief because we believe it is important to protect our fundamental rights, and that non-elected appointed agency personnel must be stopped from exceeding their legal authority.
In the words of Justice Rebecca Bradley during the hearing, ”Where in the constitution did the people of Wisconsin confer authority on a single, unelected cabinet secretary, to compel almost 6 million people to stay at home and close their businesses and face imprisonment if they don’t comply? With no input from the legislature, without the consent of the people. Isn’t it the very definition of tyranny, for one person to order people to be imprisoned for going to work among other ordinarily lawful activities? Where does the constitution say that’s permissible, counsel?”
Our questions exactly, Justice Bradley, and we couldn’t agree more.
WDA applauds Speaker Robin Vos and Majority Leader Scott Fitzgerald for their diligence on beginning the process to open up Wisconsin for business.
We would also like to thank Great Lakes Legal Foundation for all of the work they did to help get the amicus brief prepared and submitted on our behalf.
Wisconsin, it’s time to rebuild, re-unite and bring our great state back to life.