'Here’s the blueprint, Illinois. Let Wisconsin be our guide.'

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.



My historical novel: Madness: The War of 1812

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  • I doubt that many courts around the country will pay much attention to the 4-3 opinion by the Supreme Court of Wisconsin. It is a notoriously politicized court.

    Your favorite legal advisor, Michael Ciesla, has pulled an interesting quote from an AUSA's brief in a case filed in a federal district court in Mississippi. It apparently represents somebody's absolutist view of constitutional rights. Considering just a few examples involving just the First Amendment, if this view prevails, everyone will be free to do the following: produce and distribute child pornography, falsely shout "fire" in a crowded theater, make threats of violence against others, solicit others to commit crimes, commit perjury, engage in libel and slander, violate copyright laws, engage in religious rituals involving human sacrifice or illegal drugs, or hold a peaceful protest crossing all lanes of the Kennedy Expressway 5:00 p.m.

    Do you think any constitutional right is absolute?

  • I agree that there is no absolute right in the Bill of Rights. Including the right to privacy that supposedly guarantees the unfettered right to an abortion. And the right to carry arms.

  • Where is there an "unfettered right" to an abortion?

  • Anticipating your next installment, Michael Ciesla has probably told you that the Clay County Circuit Court has permitted Darren Bailey to file an amended complaint in his suit against Pritzker. Bailey will now file a motion for summary judgement, which will be heard on May 22. Judge McHaney has clearly reached his judgment and will grant the motion. Then, once again, it will be appealed to the Appellate Court, or directly to the Illinois Supreme Court if that court grants direct appeal.

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