The Wisconsin Supreme Court has struck down, 4-3, Democratic Gov. Tony Evers’ crippling stay-at-home order.
The Chicago Tribune noted:
...[I]t marked the first time a state’s high court has overturned a governor’s stay-at-home order amid the COVID-19 crisis, as a majority of Wisconsin’s justices sided with Republican legislative leaders who argued the governor’s administration had overstepped its legal authority.
Prompting this argument by Northbrook attorney Michael Ciesla that it's a blueprint for reopening Illinois. From the decision:
The U.S. Department of Justice, in Temple Baptist Church v. City of Greenville, No. 4:20-cv-64-DMB-JMV (N.D. Miss. April 14, 2020), expressed the position of the United States by stating: “There is no pandemic exception . . . to the fundamental liberties the Constitution safeguards. Indeed, the individual rights secured by the Constitution do not disappear during a public health crisis. These individual rights, including the protections in the Bill of Rights made applicable to the states through the Fourteenth Amendment, are always in force and restrain government action.”
Watch for more and more legal challenges.
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